Dr, Kaushik Mitra,
Head,
Department of Political Science, Lucknow Christian Degree College, Lucknow.. U.P. India.
Friday, April 24, 2020
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……….
CONSTITUTION OF SWITZERLAND PART - II
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
4. Bill of Rights:
A major change affected
by the new Swiss Constitution (2000) has been the incorporation of a detailed
bill of rights. Under Title 2 Chapters 1
and 2 and Article 7 to 40, the Constitution now describes the basic, civil,
social and political rights of the Swiss people.
The Constitution
recognizes, grants and guarantees 34
rights of the people-The Rights of
Human Dignity, Equality, Religion and Customs, Freedom of Expression, Freedom
of Media, Association, Domicile, Property, Economic Freedom, Judicial
Protection, Citizenship, Political Rights etc.
The Swiss bill of
rights is a very detailed bill and incorporates almost all the rights and
freedoms which stand recognized as essential conditions of civilized living and
necessary for the enjoyment of the Right
to life.
5. Social Goals:
The Swiss Constitution,
under Title 2 Chapter 3 and Article 41 enumerates the social goals
before the Swiss Federation. It has been laid down in Article 41 that the Federation and Cantons will ensure that every
citizen should have the benefit of social
security, health care, protection of family, fair and adequate employment and
conditions of work, housing and education including continuing education.
The children and young
people are to be encouraged in their development to become independent and
socially responsible persons and they are to be supported in their social,
cultural and political integration.
Further, both the
Federation and the Cantons are to try to secure for every person social security, social insurance covering
old age, disability, illness, accidents, unemployment, maternity, orphan hood
and widowhood.
The Constitution also
lays down that the Federation and Cantons will always try to secure these
social goals within the limits of their constitutional powers as well as within
the means available to them. However, the social goals do not constitute the rights
of the people.
The people do not enjoy
the right to get these enforced by the state. In other words, in their nature,
the social goals enumerated in the Swiss Constitution are similar to the
Directive Principles of State Policy contained in Part IV of the Constitution
of India. Article 41 of the Swiss Constitution which provides for these social
goals, describes these as General Principles.
6. Purpose of the State:
In its Article 2, the
Swiss Constitution lays down the purpose of Swiss
Federation.
It describes the
following purposes as:
Ø To
protect liberty and rights of the people,
Ø To
safeguard the independence and security of the country,
Ø To
promote common welfare, sustainable development, inner cohesion and cultural
diversity of the country.
Ø To
secure to all citizens, as far as possible, equal opportunities,
Ø To
work for safeguarding the long term preservation of natural resources,
Ø To
promote a just and peaceful international order.
7.
Democratic Republican Constitution:
Ever since 1291,
Switzerland has been a Republic. It is now headed by a seven-member plural
executive whose members are elected by the two houses of Swiss Federal
Parliament. All political institutions in Switzerland are elected institutions.
The people elect their
representatives and they directly participate in the law-making through the
devices of Referendum and Initiative. The Constitution also
provides for Republicanism in the Cantons. Each Swiss Canton has the right to
have a constitution provided it assures the exercise of political rights
according to the Republican form. Article 51 declares, “Every Canton shall adopt a democratic
constitution.”
8.
Direct Democracy:
Switzerland has been
the home of Direct Democracy. Zurcher
has rightly written: “Switzerland and
democracy have, in recent years, become almost synonymous.” Since 1848, Switzerland has been working as a
direct democracy through such modern devices of direct legislation—Referendum and Initiative.
Under the system of ‘Referendum’, the people have the right
to approve or disapprove the laws or constitutional amendments passed by their
legislature. Measures put to referendum become operational only when these
secure majority of votes.
In case of
constitutional amendments, holding of referendum is compulsory but in case of
ordinary legislation it is optional i.e., it is held only when 50,000
Swiss voters make a demand for referendum.
Under the system of Initiative
100,000 Swiss voters can initiate any proposal for constitutional
amendment, which gets incorporated in the constitution when the majority of
Swiss voters as well as of Cantons approves it in a referendum.
The decision of the
referendum is final. Referendum is a negative device by which people can
rectify the errors of the Federal Parliament and Initiative is a positive device by which people can ensure desired
constitutional changes.
In one full Canton and
five half Cantons of Switzerland there is at work the institution of Landsgemeinde.
It is a Cantonal Council of all the
voters which makes laws, approves policies and elects the executive for running
the administration.
The people of
Switzerland use Referendum, Initiative
and Landsgemeinde as devices of
direct democracy within a system of representative democracy. They have a
directly elected assembly of their representatives - the Federal Parliament. But they also directly participate in
legislation through the devices of Referendum
and Initiative.
Article
I
of the 1874 Swiss Constitution described Switzerland as a confederation. But in reality, it was a federation with 23 Cantons (20 full and 6 half Cantons)
constituting the Federation. Now the newly revised constitution (2000) of
Switzerland directly describes it as the Swiss Federation.
“The
Swiss confederation came into being to consolidate the alliance of the
confederated members and to maintain and increase the unity, strength and
honour of the Swiss Nation.”
It further specified
that “the objective of the constitution
was to achieve the solidarity of the nation.” The total revision of the
constitution in 1874 was to achieve the solidarity of the nation. This total
revision of the constitution was governed by the objective of making
Switzerland a centralized federation by eliminating the weaknesses of the 1848
constitution.
The complete revision
of the Constitution in 1999 has further given strength to federalism.
Switzerland is now a federation both in name as well as in reality.
The federal character
of the Swiss Constitution is reflected by its following features:
1.
Non-sovereign status of Cantons.
2.
Supremacy of Swiss Constitution.
3.
Existence of written and rigid
constitution affecting a division of powers between the Swiss Federation and
the Cantons.
4.
The division of powers in the Swiss
Constitution follows the pattern of the US federation. The powers of the
Federation and the joint powers of the Federation and the Cantons have been
laid down in the Constitution, and the residuary powers have been left with the
Cantons.
5.
The federation has been given powers in
respect of subjects of national importance and the Cantons have retained powers
in respect of local and regional subjects.
6.
The Cantons have been given equality of
representation in the Upper House of
the Swiss Federal Parliament- the Senate, Each full Canton,
whether big or small, sends two representatives and each half-Canton one
representative to the Senate.
7.
The Cantons have their separate
constitutions.
8.
The Swiss Federal Court is an
independent judiciary with the power of judicial
review over the legislation passed by Cantonal
legislatures.
9.
There is dual citizenship, dual
administration and a dual system of courts.
All these features
clearly establish the existence of a federation in Switzerland. In the words of
Zurcher, “Federation is the
basic constitutional doctrine upon which the government of Switzerland is now
based.”
The new Constitution
has now eliminated the old practice of describing Switzerland as a
confederation. Switzerland is now a Federation both in name and reality. It is
a federation with 23 Cantons (20 full Canton and 6 half Cantons) as its non-sovereign units.
TO BE CONTINUED……….
Tuesday, April 21, 2020
CONSTITUTION OF SWITZERLAND - PART I
Dr,
KaushikMitra
Head,
Department of Political Science, Lucknow Christian Degree College, Lucknow.
Constitution of Switzerland
MAIN
HIGHLIGHTS OF THE CONSTITUTION OF SWITZERLAND
1. The
Preamble:
The Swiss Constitution opens with a Preamble
which begins by the words, In the name of God Almighty, We, the Swiss people
and Cantons…… “It expresses the firm
belief to renew the alliance, to strengthen liberty and democracy, independence
and peace in solidarity, and openness towards the world. It expresses the
determination of the Swiss people and Cantons to live thier diversity in unity,
respecting one another.”
Further, it records
that the Swiss people and Cantons adopt the Constitution with full
consciousness of their common achievements and responsibility towards future
generations.
It affirms faith in two
fundamental guiding principles. “Only
those remain free who use their freedom”, and “The strength of a people is measured by the welfare of the weakest of
its members.”
The Preamble records a
firm faith in sovereignty of the people and the Cantons and makes a firm
resolve to maintain and strengthen Switzerland. It declares that the Swiss
(Swiss Federation) stands organised on the principle of “Unity in diversity” and is committed to secure freedom and welfare
for all the people, particularly for the weakest members of the Switzerland.
2.A Written, Enacted and Adopted Constitution:
The Swiss Constitution
is a written and enacted constitution. It was drafted by a committee of the
Swiss Parliament in 1848 and was approved by the Parliament, the Cantons and the
people of Switzerland. In a similar way it was totally revised in 1874. This Constitution operated till 1999.
In 1999, the Swiss
Constitution was again totally revised. The totally revised draft was adopted
by the Swiss Parliament on 18 December
1998, and approved by the people and the Cantons on 18th April 1999. A decree for the implementation of the new
constitution was issued by the Swiss Parliament on 28 September 1999. The new totally revised constitution came into
operation w.e.f. 1 January 2000.
The Swiss Constitution
has now 196 Articles.
These have been
classified into six titles and each
of which contains several Chapters. Title
1 contains General Provisions, Title 2- Basic Civil and Social Rights,
Title 3. Federation Cantons and Municipalities, Title 4- People and Cantons,
Title 5- Federal Authorities, and Title 6- Revision of the Federal Constitution
and Temporary Provisions.
Title
1 has six Articles (1 to 6), Title 2 has 35 Articles (Article 7 to 41), Title 3
has 94 Articles (Article 42 to 135), Title 4 has 48 Articles (Articles 143 to
191) and Title 6 has 5 Articles (Article 192 to 196).
The new constitution of Switzerland is a more detailed Constitution. It has 196
Articles while the 1874 Constitution
had only 123 Articles. It now
contains a detailed Bill of Basic Rights
of the people and a more detailed description of Federal powers and Federal-Cantonal
Relations.
When compared with the
Constitution of the U.S.A., we find it a very lengthy constitution. But when we
compare it with the Indian Constitution, we find it relatively brief. Like the
American Constitution, it has provisions for the governmental system of the
Swiss Federation and allows each Canton to have its own constitution within the
parameters of Republicanism.
It is now a very
detailed constitution because it contains a detailed Chapter on Bill of Rights
and enlists such minor topics as fishing, hunting, gambling, lotteries,
qualification for certain professions, sickness and several other such topics.
In many other countries, these matters are never mentioned in their
constitutions.
Explaining the reason
behind the inclusion of such topics in the Swiss Constitution R.C. Brooks writes, “it represents a compromise between the advocates of Cantonal rights
and those in favour of a strong federal government and, therefore tries to
anticipate and prevent causes of internal friction and possibility of civil
strife.”
The Swiss constitution
is a duly ratified constitution. It was approved by the Swiss people and
Cantons in 1848, 1874 and 1999.
3. A Rigid Constitution:
This Swiss Constitution
is a rigid constitution. The process of amendment is specific and complicated.
A proposal for a total or partial amendment of the constitution can come either
from the Swiss Federal Parliament or through an Initiative sponsored by at least 1,00,000 voters.
In either case, the
proposal becomes a part of the constitution only when it is approved in a Referendum by a majority of Swiss voters
as well as by a majority of the Cantons. The procedure of amendment of the
Swiss constitution is, by all standards, a rigid one. The total revision of the
Constitution in 1999 incorporated all the previous amendments in it.
TO BE CONTINUED...............
MACHIAVELL MCQ - KEYS
Dr, KaushikMitra,
Head, Department of Political Science,
Lucknow Christian Degree College, Lucknow.
MACHIAVELLI
KEYS:
1. C
2. C
3. B
4. B
5. C
6.D
7. B
8. D
9. D
10.D
11.A
12.D
13.A
14.A
15.A
16.A
17.A
18.D
19.A
20.D
21.A
22.D
23.C
24.C
25.C
26.D
27.A
28.C
29.B
30.D
Monday, April 20, 2020
FUNDAMENTAL RIGHTS REVISION PART – I
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 –
I
RIGHTS:
Rights are those conditions of social life without which no man can seek to be
himself at the best
FUNDAMENTAL
RIGHTS: These rights are fundamental in the sense that
they have been incorporated in fundamental law (i.e. constitution) of the land.
They are fundamental in
the sense that they are justifiable rights enforceable by the courts & are
available to all citizens.
They are fundamental in
the sense that they are binding on public authorities in India, on the central
Govt. as well as State Govts. & Local Bodies.
Fundamental Rights –
Part III (Art. 12 to 35)
Ø Right to Equality (Art.14 to 18)
Ø Right to Freedom (Art.19 to 22)
Ø Right against Exploitation (Art.23 & 24)
Ø Right to Freedom of Religion (Art.25 to 28)
Ø Cultural & Educational Rights (Art.29 & 30)
Ø Right to Constitutional Remedies (Art.32 to 35)
I.
Right to Equality (Art.14 to 18)
v Equality
before Law (Art.14)
v Protection
from discrimination on grounds only of religion, race, caste, sex or place of
birth (Art.15)
v Equal
opportunity in matters of public employment (Art.16)
v Abolition
of Untouchability (Art.17)
v Abolition
of Titles (Art.18)
II.
Right to Freedom (Art.19 to 22)
1.
All citizens shall have the right
(Art.19)
i.
To freedom of speech and expression;
ii.
To assemble peacefully and without arms;
iii.
To form associations or unions;
iv.
To move freely throughout the territory
of India;
v.
To reside and settle in any part of the
territory of India;
vi.
Of property – repealed by 44th
amendment, 1978
vii.
To practice any profession, or to carry
or any occupation trade or business;
2.
Protection
in respect of Conviction for offences. (Art. 20)
3.
Protection
of life and personal liberty. (Art. 21)
4.
The
State shall provide free and compulsory education to all children of the age of
six to fourteen years in such manner as the State may, by law, determine. (Art.
21A)
5.
Protection
against arrest and detention in certain cases.(Art. 22) Not available to:
i.
Citizen of enemy nation.
ii. Arrested
against the ‘Preventive Detention Act.’
III.
Right Against Exploitation (Art. 23 & 24)
v Prohibition
of traffic in human being and forced labour (Art. 23)
v Prohibition
of Children in factories, etc. (Art. 24)
TO BE CONTINUED……….
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Dr, KaushikMitra Head, Department of Political Science, Lucknow Christian Degree College, Lucknow.. B.A. THIRD SEMESTER COMPARATIVE GOVERNM...
