Saturday, April 25, 2020

MAHATMA GANDHI PART - II

Dr, KaushikMitra
Head, Department of Political Science, Lucknow Christian Degree College, Lucknow..


PAPER-II

MAHATMA GANDHI PART - II



SARVODAYA OR NON-VIOLENT SOCIALISM

Ø Gandhji’s concept of welfare state includes the idea of sarvodaya.
Ø Gandhi brought the concept of sarvodaya from Gita.
Ø Sarvodaya is based on the concept of the unity of existence.
Ø Meaning of Sarvodaya – Sarva (all) + Uday (rising) i.e. Rising of all, welfare of all.
Ø According to him individual labour creates capital, and capital has a social utility.
Ø Gandhi reconstructed the concept of private property.
Ø One can have private property but not for one’s use. It should be utilized for social needs.
Ø Gandhiji believed in the doctrine of limits.
Ø Self-regulation of one’s needs helps oneself in creating a sarvodaya.
Ø One should voluntarily limit one’s property and practice self-renunciation.
Ø Gandhiji asked the rich to consider themselves as the trustees for the community and spend their property in the interests of the community as a whole, because the rich cannot accumulate wealth without the cooperation of the poor in society.
Ø It is a type of distributive justice. 
Ø Vinoba Bhave developed an idea of sarvodaya in a practical sense. According to him concentration of land in the hands of few creates a basis for rural violence. Rural rich must participate in voluntary distribution of land.
Ø Thus, sarvodaya aims to replace the politics of power by the politics of co-operation.

DECENTRALIZATION OF POLITICAL & ECONOMIC POWER


Ø According to Gandhi centralization of political power in a small group cannot help in creating popular and participatory democracy.
Ø Gandhji’s sarvodaya centers around the small republic where the mass of people manage their affairs without depending on the state.
Ø In Gandhi’s scheme, village panchayat plays a crucial role in policy making.
Ø Gandhi was conscious of the historical fact that colonization had destroyed the basic institutions of a village society. Revival of these institutions in a true spirit may strengthen democracy.
Ø Political institutions of the grass roots level may be able to restrict the power of state;
Ø Gandhiji’s concept of state is that of a limited state, which does not interfere in the day to day activities of people.
Ø An Indian society consists of a large number of villages. Village republic can be a nucleus of a democratic organization.
Ø Once village panchayat is formed, it is easy to create a sarvodaya economy. Village panchayat must look after the economy of the village which will help the prosperity of village people.
Ø Panchayat will take care of education, health, sanitation.
Ø Gandhiji wanted India to become a network of self-governing and self-sustaining village republics, each one of them leading an autonomous existence.
Ø In Gandhiji's sarvodaya society there is space for industrialization and technological advancement.
Ø But he said it should not go beyond control. It should not destroy the ecological basis of a society and should not lead to concentration of economic power.
Ø Gandhiji was not against the use of machines when it was for the good of the society.
Ø Gandhiji wanted the immense manpower and cattle power of India to be utilized first, before turning to large-scale machinery.
Ø He wanted the indigenous industries to be developed. He gave emphasis to cottage industries and hand spinning and hand-weaving.
Ø He advocated the revolutionary doctrine that “land belongs to him who tills it”.
Ø The Charkha also symbolized the dignity of labour.
Ø Thus, Gandhiji's economic thought is related largely to rural development.
Ø According to him village society is the soul of India.
Ø He emphasized on self-sufficiency of the village society.
Ø In villages agricultural economy and allied agro-industries must take care of the needs of the village people.
Ø For him, that government is the best, which governs the least.
Ø The state must follow persuasive rather than coercive methods.
Ø A sarvodaya social order can be created by giving Nai-talim. Gandhiji stressed on compulsory primary education. He called it basic education.

GANDHIJI ON RELIGION IN POLITICS  


Ø Gandhiji never-separated religion from politics. He said state and government have no links with religions, but a politician must be a religious man.
Ø The guiding principle of a politician is to serve others in an ethical manner, otherwise political power might be able to corrupt a politician.
Ø Government must not be allowed to interfere in the religious domain.
Ø Thus, Gandhi's concept of government is basically secular government.
Ø According to Gandhi, this disassociation of politics from morality enables the rich and the strong to manipulate the politics and government to their advantage at the expense of the poor and weak.

GANDHIJI’S POPULARITY

Ø Mahatma Gandhi appeared on the Indian political scene at a very crucial period of the Indian national movement.
Ø The people had lost faith in the principle of political moderation as imperialistic exploitation and oppression had become extremely severe.
Ø The moderate leaders had been rejected, but the extremists and terrorists were equally frustrated and leaderless.
Ø In Gandhi’s personality, there was the harmonious blending of the best elements of political moderation and extremism.
Ø He was a humanist and radical revivalist who fought not only against the colonialism and imperialism of foreigners, but also against superstitious practices religious hatred, casteism in India with equal vigour and dynamism.
Ø He introduced the Spiritualization of Politics. He stressed on purity of ends and means. He said the means must be ethically right. If not, the end itself loses its value. The right and just means must be adopted to achieve right and just ends e.g. to achieve Swaraj Gandhiji adopted non-violent means.
Ø He critiqued modern civilization, not because it was western or scientific, but because it was materialistic and exploitative. He argued that while modern civilization may have brought and increased bodily comforts through better houses, cloths, travel and mechanized production etc, these have failed to bring happiness of the people.
Ø It made men slaves of many luxuries and divorced from ethics and morality.
Ø For him progress of human civilization is to be measured in the scale of ethics, and not in the scale of pure materialism. T
Ø For him true civilization consists not in the accumulation of commodities but in a deliberate and voluntary reduction of wants.

FUNDAMENTAL RIGHTS REVISION PART – II

Dr, Kaushik Mitra
Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.

B. A. Semester-II

Political Science - Paper II

CONSTITUTION OF INDIA

FUNDAMENTAL RIGHTS REVISION PART – II


IV. Right to Freedom of Religion (Art. 25 to 28)

v  Freedom of conscience and free profession, practice and propagation of religion (Art.25
v  Freedom to manage religious affairs. ( Art. 26)
a)      To establish and manage institutions for religious and charitable purposes.
b)      To manage its own affair in matters of religion;
c)      To own and acquire moveable and immovable property;
d)     To administer such property in accordance with law.


  v Freedom as to payment of taxes for promotion of any particular religion. (Art. 2
         ( i.e. Exemption of Tax on money donated for religious work)
  v Freedom as to attendance at religious instruction or religious worship in certain educational       institutions. (Art. 28) (i.e. Religious education prohibited in educational institution managed by the state.)
 v  Freedom as to attendance at religious instruction or religious worship in certain educational institutions. (Art. 28) (i.e. Religious education prohibited in educational institution managed by the state.)

V. Cultural and Educational Rights (Art. 29 & 30)

v  Protection of interests of minorities. (Art. 29)
v  (Every group of Citizen shall have the right to protect their language, script and culture.

v  Right of minorities to establish and administer educational institutions. (Art. 30)
(Such community shall have the right to establish and administer educational institutions of its choice and the state shall not discriminate in granting aid to the institution maintained by a minority community.)

v  Compulsory acquisition of property. (Art. 31) -  (Repealed by the Constitution Forty-fourth Amendment Act, 1978. w.e.f. 20.06.1979)



Saving of Certain Laws:

v  Saving of laws providing for acquisition of estates, etc. (Art. 31A)
v  Validation of certain Acts and Regulations. (Art.31B)
v  Saving of laws giving effect to certain directive principles. (Art.31C)
v  Saving of laws in respect of anti-national activities.(Art. 31D) (Repealed by the Constitution Forty-third Amendment Act,1977)

VI. Right to Constitutional Remedies (Art. 32 to 35)

1.      Remedies for enforcement of rights conferred by this Part. (Art. 32)

                            I.    Writ of Habeas Corpus: It literally means ‘to have a body’ it is an order calling upon the person who has detained another to produce the latter before the Court, in order to let the Court know on what grounds he has been Confined and to set him free if there is no legal justification for the imprisonment.
                        II.      Writ of Mandamus: It literally means a ‘Command’.  It commands the person to whom it is addressed to perform some public or quasi-public legal duty which cannot be enforced by any other adequate legal remedy. It can be issued against Officer’s as well as the Government itself, inferior courts & Judicial bodies. (Exemptions – President, Governors Etc.)
                      III.    Writ of Quo-Warranto: The word Quo-Warranto literally means "by what warrants?" It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled. The writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody.
                      IV.     The Writ of Prohibition: Writ of prohibition means to forbid or to stop and it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress the limits or powers vested in it. It is a writ issued by a superior court to lower court or a tribunal forbidding it to perform an act outside its jurisdiction.
                        V.    The Writ of Certiorari : Literally, Certiorari means to be certified. The writ of certiorari is issued by the Supreme Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration.

2.      Constitutional validity of State laws not to be considered in proceedings under article 32. (Art. 32A Repealed by the Constitution Forty-third Amendment Act, 1977. w.e.f. 13.04.1978)

3.      Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. (Art. 33)


4.      Restriction on rights conferred by this Part while martial law is in force in any area.           (Art. 34)

5.      Legislation to give effect to the provisions of this Part. (Art. 35)

CONSTITUTION OF SWITZERLAND PART III

Dr, KaushikMitra
Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.

Constitution Of Switzerland Continued.....

Constitution of Switzerland

MAIN HIGHLIGHTS OF THE CONSTITUTION OF SWITZERLAND

MAIN HIGHLIGHTS OF THE CONSTITUTION OF SWITZERLAND PART - III


10. Amalgamation of Parliamentary and Presidential Forms:

The Swiss system of government is a unique system which encompasses the features of parliamentary as well as presidential systems. There is a close relationship between the Swiss Federal Parliament and the Swiss Executive. The members of the Executive (Federal Government) participate in the deliberations of the legislature.
The members of Federal Government (Ministers of Federal Government) are responsible before the Federal Parliament for their work and activities. These two are parliamentary features. The Swiss      Executive - the Federal Government enjoys a fixed tenure and it cannot be voted out of power by the Federal Parliament.
It is constituted by all the political parties and it is a Plural Executive. It cannot dissolve the Federal Parliament. These are indeed presidential features. As such, the Swiss system is parliamentary as well as presidential in its organisation and working.

11. Plural/Collegial Executive:

A unique feature of the Swiss constitution is that is provides for a Collegial/Plural Executive. All the executive powers of the federation are exercised by a Seven - Member Federal Government. All the seven members collectively exercise power. Article 177(1) declares “The Federal Government shall take it decisions as a collective body.”
Every year one of its seven members of the collegium is elected as the President and another as the Vice-president.
Next year the Vice-president becomes the President and a new member is elected as the Vice-president. This process continues and each member gets a chance to be the President and Vice-president. The President performs all the functions of the head of the state for one year.
The members of the Federal Government do not resign whenever the Federal Parliament rejects any measure or policy sponsored by it. There is no such thing as collective responsibility before the Federal Parliament. Thus, the Federal Government of Switzerland is a Unique Plural Executive.

12. Bicameral Legislature:

Swiss Federal Parliaments is a bicameral body. Its two houses are:
Ø  The House of Representatives and
Ø  The Senate.
The former is the lower, popular, national house which represents the people of Switzerland and the latter is the upper house which represents the Cantons and their sovereign equality. Each full Canton has two and each half Canton has one seat in the Senate.
The House of Representatives has tenure of 4 years whereas the tenures of the members of the Senate depend upon the Cantons which they represent. In fact the members of the upper house are not elected simultaneously.
The Federal Parliament enjoys legislative, executive, financial and judicial powers which are jointly exercised by both the Houses. Both the Houses have equal powers in all spheres. In the words of         C.F. Strong, “The Swiss legislature like the Swiss executive, is unique. It is the only legislature in the world, the powers of whose upper house are in no way different from those of the lower house.”

13. Lack of Independent and Powerful Judiciary:

The Swiss Federal Court is the only federal court and in a way, it has the status of being the Supreme Court of Switzerland. However, it enjoys a secondary position in the constitutional system. The judges of the Federal Court are elected by the Federal Parliament for a period of six years, though the convention of re-electing the judges ensures a long tenure for the Judges.
The Judges are responsible before the Federal Parliament. The Federal Court has been given the responsibility to apply laws voted by the Federal Parliament. It has no power to reject federal laws. It submits an annual report of its working to the Federal Parliament. Thus, Swiss judiciary occupies a back seat in the constitutional system.

14. No Judicial Review over Federal Laws:

The Swiss Federal Court has been given the power of judicial review only in respect of the laws made by the Cantonal legislatures. The laws passed by the Federal Parliament are not subject to its power of judicial review. The provision for referendum as the means of popular review over the laws made by the Federal Parliament has been the main reason behind the denial of this power to the Federal Court.
However, for protecting the sanctity of the Federal Constitution, it has been given the power to review the constitutions and laws of the Cantons and declare all such measures as Ultra vires, which it finds to be in conflict with the Swiss Constitution.
In other words, the Swiss Federal Court has no power to determine the constitutional validity of federal laws. The right to interpret the Swiss constitution belongs to the Federal Parliament.

15. Conventions of the Swiss Constitution:
The history of the evolution of the Swiss constitutional system since 1848 has produced several constitutional conventions which have been regulating the behaviour of almost all the political institutions of Switzerland. In the Federal Government, when the President completes his term of one year, the Vice-president becomes the President and a new Vice-president is elected. This practice is repeated every year.
The Vice-chairmen of the two Houses of the Federal Parliament become chairman in the next year. Constitutionally, both the House of Representatives and the Senate have equal powers, but by a convention, the former exercises more powers than the latter. Each judge of the Federal Court has a tenure of six years but by a convention, he is repeatedly elected unopposed.
The members of the Federal Government are also repeatedly elected so long as they continue to serve well. By another convention, the Cantons speaking the three main languages are always given a seat each in the Federal Government. Further, the Cantons of Berne, Geneva and Vaud are always given a berth in the Federal Government.

16. Dual Citizenship:

The system of double citizenship prevails in Switzerland. The Constitution states that every citizen of a Canton shall be a citizen of Switzerland. This entitles a person to enjoy the citizenship of his Canton as well as that of the Swiss Federation.


TO BE CONTINUED...............

Friday, April 24, 2020

OBITUARY

Dr, Kaushik Mitra, Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.. U.P. India.



Thursday, April 23, 2020

MAHATMA GANDHI PART - I

Dr, KaushikMitra
Head, Department of Political Science, Lucknow Christian Degree College, Lucknow..



PAPER-II

MAHATMA GANDHI

BIRTH AND INTRODUCTION

Ø Also called the “Father of the Indian Nation” was born on 2nd October, 1869 at Porbandar in Gujarat in a conservative Hindu family.
Ø After the completion of his studies in law in England, he went to South Africa to attend legal matters of his client.
Ø In South Africa he was involved in a struggle against the racist-white minority government to uphold the human rights and the dignity of the non-whites.
Ø In the course of his struggle in Africa from 1893 to 1914, he evolved the technique of Satyagraha for resisting injustice.
Ø Writers like Thoreau, Ruskin and Tolstoy also influenced the moral and political philosophy of Gandhiji.
Ø He learnt the principle of civil-disobedience from Thoreau.
Ø After his return from South Africa in 1915, he undertook the tour of the country on the advice of his “political Guru”, Gopal Krishna Gokhale.

GANDHIJI’S VIEWS ON SWARAJ

Ø Gandhi defined Swaraj as a self-rule and self-restraint or autonomy of the moral self.
Ø Swaraj meant more than just political independence or political democracy.
Ø the aim of Indian freedom struggle was not a mere transfer of political power from British rulers to Indian leaders, who would then be operating the same modern western system of government.
Ø Swaraj will not be Purna Swaraj until the poor are enabled to enjoy the necessities and amenities of life i.e. Ramrajya.
Ø Swaraj is a complete independence of alien control. It includes political, economic, moral and social upliftment and independence of all.
Ø In India Swaraj will come with the implementation of following factors:

·       Decentralized participatory democracy
·       Social equality
·       Economic decentralization
·       Spiritualization of politics
·       Proper education to the masses
·       Democratic Swaraj

Ø He later added parliamentary democracy and constitutional government also in the list.
Ø In democratic Swaraj, spinning – wheel will be the master machine.
Ø Swaraj will not be Purna Swaraj until the poor are enabled to enjoy the necessities and amenities of life.

GANDHIJI’S CONCEPT OF SATYAGRAGHA

Ø Satyagraha is a way of moral-political action for attaining Swaraj. It is the weapon of the non-violent struggle.
Ø It is something more than a method of resistance to particular legal norms. It became an instrument of struggle for positive objectives and for fundamental change.
Ø It is “a war without violence” or “Non-violent direct action”.
Ø It is a force which is born out of Truth and non-violence relies on soul-force.
Ø It is considered superior than body force, brute force and force of arms.
Ø Satyagraha is a technique developed by Gandhi in order to solve political, social, economic conflicts in a peaceful manner; Gandhiji was convinced that no conflict could be solved permanently by violence.
Ø Gandhiji used it in South Africa against the policy of apartheid and later used if in India for the purpose of achieving independence.
Ø Satya, Ahimsa, self-suffering, strength, restrain in one’s actions and non-attachment are the principles on which Satyagraha is based.
Ø Acting on the basis of relative truth the satyagraha seeks to resolve basic conflicts and ensure social harmony through the nonviolent path.
Ø Ahimsa is the means to the discovery of truth.
Ø Acting on the basis of relative truth the satyagraha seeks to resolve basic conflicts and ensure social harmony through the nonviolent path. Ahimsa is the means to the discovery of truth.
Ø Ahimsa – According to Gandhi Ahimsa have various aspects.

·       Negative form of Ahimsa means not injuring to others whether in body or mind. Not hurt the person of any wrong doer or any ill will to him.
·       Positive form of Ahimsa means the largest love, the greatest charity, good intention to others, even love to enemy. 
·       This active Ahimsa includes truth and fearlessness.

Ø Refusal to do harm to others is a negative test of moral practical truth.
Ø Its positive test is action to promote the welfare of others. Self-suffering is the test of positive Ahimsa.
Ø Self-suffering by satyagraha is not out of their cowardice or weakness. It is based on higher form of courage.

Methods of Satyagraha

Ø Mahatma Gandhi adopted several methods while using Satyagraha as a means of resistance to the authority of the state
 i.e. the British Raj.

·       Political actions – pledges, prayers, fasts.
·       Non-cooperation – boycott, strikes, Hartal.
·       Civil-disobedience – picketing, non-payment of taxes, defiance of specific laws.

Ø Gandhi believed that the British rule depended on the cooperation of the people of India.
Ø The British rule will not last even for a single day, if people become fearless and refuse to cooperate with the unjust and tyrannical British government.
Ø The Non-Cooperation Movement of 1921 failed to achieve the goal of Swaraj within one year. But it made some salutary contributions to the Indian national Movement.
Ø In 1921, the congress, which was a party of the educated middle class, became a highly organized party with a mass base. From 1921, uniform slogans were given throughout the country and the people followed a common ideology and policy under the leadership of the congress. Khadi became the official uniform for all congress men.
Ø Thus, Gandhiji converted the national government into a highly revolutionary one and made it extremely popular.
Ø The Civil Disobedience Movement was launched by Gandhiji on 6th April 1930 by breaking the salt Act at Dandi. The civil disobedience movement was a total success and had paralysed the British government.
Ø In 1942 the Quit India Movement started and Gandhi gave the battle cry of “do or die”. He asked the people to be ready to make any sacrifice for the attainment of independence.
Ø The Quit India Movement was a tremendous psychological victory for the people of India. It created an intense and widespread anti-British feeling in India.
Ø According to Gandhiji, Satyagraha can be successfully followed by those who are physically weak but morally strong.
Ø In Gandhi is words “The injunction, “Love your enemy” is not only the noblest idealism, it is also the most practical politics”.

TO BE CONTINUED……….


MAHATMA GANDHI PART - II

Dr, KaushikMitra Head, Department of Political Science, Lucknow Christian Degree College, Lucknow. . B.A. THIRD YEAR PAPER-II ...