Polity Fundamentals PDF
Polity Fundamentals PDF
Polity Fundamentals
Most Fundamental aspects of Polity for UPSC Prelims-2023
By Santosh Gupta
Prelims Coordinator, CivilsDaily
6 times prelims qualified with score>120+
6 UPSC Mains and 3 interviews appeared
1. Democracy 3
2. Republic 5
3. Constitutionalism 6
4. Liberty 6
5. Rule of Law 8
6. Due Process of Law 9
7. Principles of natural Justice 10
8. Equality 10
9. Separation of powers 11
10. Parliamentary vs Presidential System 12
11. Power-sharing 14
12. Federalism Vs unitary system 14
13. Justice 15
14. Concept of Rights 16
15. Liberalism 19
16. Socialism, Gandhism and communism 20
17. Nature of State 21
18. Nation and State 22
19. Citizenship 23
20. Types of Society 24
21. Secularism and Communalism 24
22. Feminism 24
1. Democracy
● Democracy is a form of government in which the rulers are elected by the people.
● In a democracy the final decision making power must rest with those elected by the people.
● A democracy must be based on a free and fair election where those currently in power have a fair chance of losing.
● In a democracy, each adult citizen must have one vote and each vote must have one value.
● A democratic government rules within limits set by constitutional law and citizens’ rights.
Benefits:
● A democracy requires that the rulers have to attend to the needs of the people. A democratic government is a better government because it is a
more accountable form of government.
● Thus democracy improves the quality of decision-making.
● Democracy provides a method to deal with differences and conflicts.
● Democracy enhances the dignity of citizens.
● Finally, democracy is better than other forms of government because it allows us to correct its own mistakes.
It is a form of government where people enjoy equal political rights, elect their rulers and hold them accountable. The government is run according to some
basic rules.
Roman Republic is generally considered one of the earliest examples of representative democracy. “In a democracy,” the Greek historian Herodotus wrote,
“there is, first, that most splendid of virtues, equality before the law.”
Democracy vs Dictatorship
Other forms of government like monarchy, dictatorship or one-party rule do not require all citizens to take part in politics. In fact most non-democratic
governments would like citizens not to take part in politics.
Democracy’s superior virtue lies in the fact that it calls into activity (UPSC 2017)
(a) the intelligence and character of ordinary men and women.
(b) the methods for strengthening executive leadership.
(c) a superior individual with dynamism and vision.
(d) a band of dedicated party workers.
Which of the following statements about the reasons for conducting elections are false?
a Elections enable people to judge the performance of the government.
b People select the representative of their choice in an election.
c Elections enable people to evaluate the performance of the judiciary.
d People can indicate which policies they prefer.
Types of Democracy:
Direct vs Indirect: India vs Switzerland
Challenges of Democracy:
● Foundational challenge
● Challenge of expansion
● Challenge of Deepening
2. REPUBLIC
The head of the state is an elected person and not a hereditary position. Republic, form of government in which a state is ruled by representatives of the
citizen body. Modern republics are founded on the idea that sovereignty rests with the people.
The term republic came to designate a form of government in which the leader is periodically appointed under a constitution, in contrast to hereditary
monarchies.
Despite its democratic implications, the term was claimed in the 20th century by states whose leadership enjoyed more power than most traditional
monarchs, including military dictatorships such as the Republic of Chile under Augusto Pinochet and totalitarian regimes such as the Democratic People’s
Republic of Korea.
3. Constitutionalism
Q. A constitutional government by definition is a (2020)
(a) government by legislature
(b) popular government
(c) multi-party government
(d) limited government
Even in this question, which is very simple yet requires an understanding of fundamental concepts, many aspirants marked answers such as (a) a
government by the legislature or (b) Popular government confusing constitutionalism with a democratic system.
A constitution is a check against absolutism i.e. government bound by constitutional limitations and does not have absolute power; hence a
constitutional government is by definition limited government.
Role of Constitution:
< First, it generates a degree of trust and coordination that is necessary for different kind of people to live together;
< Second, it specifies how the government will be constituted, who will have power to take which decisions;
< Third, it lays down limits on the powers of the government and tells us what the rights of the citizens are; and
< Fourth, it expresses the aspirations of the people about creating a good society.
4.Liberty
1. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?-2019
(a) Protection against the tyranny of political rulers
(b) Absence of restraint
(c) Opportunity to do whatever one likes
(d) Opportunity to develop oneself fully
The concept of liberty comes from the theory of social contract and 3 natural rights- life, liberty and property with origin in the French Revolution in the late
18th century.
French revolution: ‘Cardinal ideas of Liberty, Equality, and Fraternity
A.Negative Liberty (Freedom from): It is a minimum area that is sacred and in which whatever the individual does, is not to be interfered with. The
existence of the ‘minimum area of non- interference’ A free society would be one which enables all its members to develop their potential with the
minimum of social constraints.
B.Positive Liberty (Freedom to): The individual to develop his or her capability must get the benefit of enabling positive conditions in material, political and
social domains and enables the development of the individual.
Both these aspects of freedom — the absence of external constraints as well as the existence of conditions in which people can develop their talents — are
important. Hence, no unreasonable restrictions on the citizens can be tolerated. Freedom is considered valuable because it allows us to make choices and
to exercise our judgement.
J.S. Mill: Distinguishes between ‘self-regarding’ actions, i.e., those actions that have consequences only for the individual actor and nobody else, and ‘other
regarding’ actions, i.e., those actions that also have consequences for others. He argues that with respect to actions or choices that affect only one’s self,
self-regarding actions, the state (or any other external authority) has no business to interfere.
#66A of IT Act---Shreya Singhal Case
Harm principle: The ‘harm caused’ must be ‘serious’. For minor harm, Mill recommends only social disapproval and not the force of law. Ex; Loud Speaker vs
Hate speech
Q. Which one of the following reflects the nicest, appropriate relationship between law and liberty?
(a) if there are more laws, there is less liberty.
(b) If there are no laws, there is no liberty.
(c) If there is liberty, laws have to be made by the people.
(d) If laws are changed too often, liberty is in danger.
Q. Which of the following are regarded as the main features of the “Rule of Law”?- 2018
1. Limitation of powers
2. Equality before law
3. People’s responsibility to the Government
4. Liberty and civil rights
Essentially, natural justice requires that a person receive a fair and unbiased hearing before a decision is made that will negatively affect them.
3 Requirements
● Right to Notice
● Right to fair hearing: reasonable opportunity to present their point of view
● No Bias Requirement
All quasi-judicial bodies (Lokpal, Tribunals like NGT, Constitutional bodies, human rights bodies like NHRC) work on principle of natural justice.
9. Separation of powers(SOP):
The term "trias politica" or "separation of powers" was coined by Montesquieu, a French social and political philosopher in his publication, Spirit of the
Laws.
Concept of SOP:
● The same person should not form part of more than one of the three organs of the Government. For example: ministers should not sit in Parliament
● One organ of the Government should not interfere with any other organ of the Government.
● One organ of the Government should not exercise the function assigned to any other organ.
Benefits of SOP:
1. The system of checks and balances is one of the most striking aspects of Indian constitutional scheme.
2. The Supreme Court in Ram Jawaya Kapur v. State of Punjab, 1986
“Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or
branches of the government have been sufficiently differentiated”.
3. A rigid separation of powers as under the American Constitution or under the Australian Constitution does not apply to India.
4. NJAC case(2015) : SOP is basic structure.
Given the centrality of the President, this system of government is called the Presidential form of government. In countries like ours that follow the British
model, the parliament is supreme. Therefore our system is called the parliamentary system of government.
The most basic difference between two systems comes from the relation between executive and legislative.
In Parliamentary system, there is no separation of power between executive and legislature as executive i.e. Council of ministers are part of legislature and
responsible to it, while in Presidential system such as USA, there is strict separation of powers between the executive headed by President and legislature
(Congress in USA) and not responsible to legislature. They work on the principle of complete checks and balances.
11. Power-sharing
Horizontal distribution: It allows different organs of government placed at the same level to exercise different powers. Power is shared among
different organs of government, such as the legislature, executive and judiciary.
Vertical distribution: Power can be shared among governments at different levels – a general government for the entire country and governments at
the provincial or regional level.
Social Distribution: Power may also be shared among different social groups such as the religious and linguistic groups. ‘Community government’ in
Belgium (French Speaking and Dutch Speaking) is a good example of this arrangement. This ‘community government’ is elected by people belonging
to one language community – Dutch, French and German-speaking – no matter where they live.
Political Distribution: Power sharing arrangements can also be seen in the way political parties, pressure groups and movements control or influence
those in power. (Ex; Congress vs League discussion during Shimla Conference, when league wanted all Muslims representatives from league itself).
USA vs UK vs India:
● USA: Example of Ideal Federal system, Vertical distribution of executive, Legislative and judicial powers at federal and state’s level
● U.K: Example of Unitary system
● India: Federal system with Unitary bias towards centre, hence called union of states
● Under the unitary system, either there is only one level of government or the sub-units are subordinate to the central government.
● The central government can pass on orders to the provincial or the local government.
● The federal system thus has dual objectives: to safeguard and promote unity of the country, while at the same time accommodate regional
diversity.
13. Justice
Socrates reminded young people that if everyone were to be unjust, if everyone manipulated rules to suit their own interests, no one could be sure of
benefiting from injustice. Nobody would be secure and this was likely to harm all of them. Hence, it is in our own long term interest to obey the laws and be
just. Socrates clarified that we need to understand clearly what justice means in order to figure out why it is important to be just.
● According to the German philosopher Immanuel Kant, human beings possess dignity. If all persons are granted dignity then what is due to each of
them is that they have the opportunity to develop their talents and pursue their chosen goals.
● Justice requires that we give due and equal consideration to all individuals.
● As per J.S. Mill: Justice is something an individual person can claim from us as his moral right.
● JOHN RAWLS’ THEORY OF JUSTICE: -Idea of Veil of ignorance: to ensure fairness and justice both.
Principles of Justice: 3 principles
1. Equal Treatment for Equals
2. Proportional justice
3. Recognition of Special Needs
Q. ‘Economic Justice’ the objectives of Constitution has been as one of the Indian provided in (2013)
(a) the Preamble and Fundamental Rights
(b) the Preamble and the Directive Principles of State Policy
(c) the Fundamental Rights and the Directive Principles of State Policy
(d) None of the above
A Just society is that society in which ascending sense of reverence and descending sense of contempt is dissolved into the creation of a compassionate
society. – B.R. Ambedkar
14. Concept of Rights:
A right is essentially an entitlement or a justified claim recognised by society and sanctioned by law. Rights protect minorities from the oppression of
majority.
Purpose of rights
● Protect Dignity
● Well being
● Protection of minorities
● Places limitation on state power.
Our rights ensure that the authority of the state is exercised without violating the sanctity of individual life and liberty. Civil liberties and political rights
form the basis of a democratic system of government.
Q. .Which one of the following categories of ‘Fundamental Rights incorporated against untouchability as a form of discrimination? (2013 and 2020)
(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality
Relation between Rights AND Responsibilities:
- Work for the common good
-Respect rights of others
-balance among rights (Privacy vs right to expression)
-Be vigilant about rights (Restriction on civil liberties)
Q. In the context of India, which one of the following is the correct relationship between Rights and Duties?
(a) Rights are correlative with Duties.
(b) Rights are personal and hence independent of society and Duties.
(c) Rights, not Duties, are important for the advancement of the personality of the citizen.
(d) Duties, not Rights, are important for the stability of the State.
Q. Which of these statements about the relationship between democracy and rights is more valid? Give reasons for your preference.
a Every country that is a democracy gives rights to its citizens.
b Every country that gives rights to its citizens is a democracy.
c Giving rights is good, but it is not necessary for a democracy.
Types of Rights:
1.Fundamental rights:
"Life, Liberty and the pursuit of Happiness" is a well-known phrase in the United States Declaration of Independence. The phrase gives three examples of the
unalienable rights which the Declaration says have been given to all humans by their creator, and which governments are created to protect. These are
justiciable rights.
2.Human rights:
These are rights available to Human beings by virtue of being human ex; UN declaration on Human Rights (1948).
3.Natural rights:
These are Life, Liberty and Property as propounded by John Locke during French Revolution.
4. Constitutional rights:
These are rights not included in fundamental rights but enforceable such as right to property in India.
5.Legal rights:
These are rights apart from fundamental rights guaranteed by the law like right to work ex; NREGA
Thus the scope of rights has been expanding and new rights are evolving over time. They are the result of the struggle of the people. New rights emerge as
societies develop or as new constitutions are made. For ex; the Constitution of South Africa guarantees its citizens several kinds of new rights:
1. Right to privacy, so that citizens or their home cannot be searched, their phones cannot be tapped, their communication cannot be opened.
Many people think that the right to work, right to health, right to minimum livelihood and right to privacy (Puttaswamy judgment, 2017) should be made
fundamental rights in India as well.
Q. Which of these statements about the relationship between democracy and rights is more valid? Give reasons for your preference.
a Every country that is a democracy gives rights to its citizens.
b Every country that gives rights to its citizens is a democracy.
c Giving rights is good, but it is not necessary for a democracy.
15. Liberalism
It is a political ideaology derived from concept of liberty.
Magna Carta (1215) and English Glorious revolution (1688) had denounced the divine rights of the kings. Liberalism is the theory and practice of individual
liberty, juridical defence and the constitutional state. It is an idea committed to freedom, as a method and policy in government. It includes not only
individual liberty but liberty in economic and social aspects.
Features:
● Individual Liberty
● Individual-centred theory
● Capitalistic Economy: advocates free market economy (Private property, profit motive, capitalist production and market forces, and Limited state
interference)
● Democracy
● Against Traditions: roots in renaissance and reformation
● Welfare measures
Liberalism has Issues of equality vs Liberty; Market forces vs Welfare measures, Market control over state vs Free market, high class inequality among poor
and rich. Hence, there is need for Egalitarian Economy. Hence, there is emphasis of alternative systems like Socialism and Communism.
Classless Society:
It is the ultimate aim of Communism.
In periods of deep crisis created by Capitalism, the resistance of the oppressed can culminate in a proletarian revolution which, if victorious, leads to the
establishment of socialism—a socioeconomic system based on social ownership of the means of production. Socialism would be transformed into a
communist society, i.e. a classless, stateless, humane society based on common ownership and distribution based on one's needs.
Gandhism: Gandhian Ramrajya is that it is a self-regulating system where everyone is one’s own ruler.
Hence, no need for State which leads to stateless society.
Hence Marxism/ Communism and Gandhism both aim for Classless and Stateless society.Distinction is of means and Ends. Gandhi was no Lenin or Mao.
For Mao or Lenin, ends justify the means; for Gandhi, means justify the ends to achieve a classless society.
#Idea of Trusteeship:
It is based on CLASS COOPERATION rather than class conflict as visualised in Communism by Marx: It cordial relations between the capital and the labour.
Declaring all property to be the property of the community as a whole, Gandhi pleaded that all the employers (industrialists, capitalists and the like) are the
trustees of what they hold.
#Sarvodaya: Sarvodaya Gandhi had visualised the greatest good of all the members of the society. It is the welfare of all. Indian socialism is influenced
from Gandhian socialism and the idea of Trusteeship.
Which part of the Constitution of India declares the ideal of a Welfare State?(2015)
(a) Directive Principles of State Policy
(b) Fundamental Rights
(c) Preamble
(d) Seventh Schedule
Steps towards Socialism in India:
1936: Socialistic turn of congress
1955: Awadi session
1975: Garibi Hatao
#Most societies are culturally diverse: Hence there is need for NATIONAL SELF-DETERMINATION. For ex; Basque Nationalists say that their culture is very
different from the Spanish culture. The right to national self-determination has also been asserted by national liberation movements in Asia and Africa when
they were struggling against colonial domination.
Unequal membership: White and black before Civil rights movement against practice of segregation.
Marshall sees citizenship as involving three kinds of rights: civil, political and social.
Civil rights protect the individual’s life, liberty and property. Political rights enable the individual to participate in the process of governance. Social rights give
the individual access to education and employment. Together they make it possible for the citizen to lead a life of dignity.
#Citizenship- The concept of citizenship counters the divisive aspects of class inequality leading to better integrated and harmonious society
#Olga Tellis judgment (1985): “Article 21 of the Constitution which guaranteed the right to life included the right to livelihood.
#FRA-2006: Integration of tribal with mainstream
#Regionalism movements are against the concept of citizenship such as in Assam, Maharastra, Karnataka etc. The women’s movement, the dalit
movement, or struggles of people displaced by development projects, represent only a few of the struggles being waged by people who feel that they
are being denied full rights of citizenship.
#Citizenship Amendment Act, 2019: Ensure Equal membership of refugees into Indian nation state. It will ensure formal equality and integration of all 6
types religiously persecuted refugees from three nations into mainstream society of India and ensures more rights to them.
#Idea of Global Citizenship of propounded to tackle the issue of stateless and refugees and internationally displaced people.
Citizenship principles:
a. Jus soli : By birth
b. Jus sanguinis: Right of citizenship by descent/blood
c. Jus matrimonii: by marriage
d. Naturalization:
#In India, citizenship can be acquired by birth, descent, registration, naturalisation, or inclusion of territory.
20.Types of Society
● Homogeneous society: A society that has similar kinds of people, especially where there are no significant ethnic differences
● Multiculturalism: Which various ethnic groups collaborate and enter into a dialogue with one another without having to sacrifice their particular
identities.
Communalism: When religion is seen as the basis of the nation or when two communities feel antagonistic to each other
● Example of Northern Ireland
● France: ban on Burqa/Turban
● Indian vs West Secularism
22.Feminism:
It is a political doctrine of equal rights for women and men. Feminists are those men and women who believe that many of the inequalities we see in society
between men and women are neither natural nor necessary and can be altered so that both women and men can lead free and equal lives. According to
feminists, inequality between men and women in society is the result of patriarchy.