Political philosophiesPolitical philosophies

Democracy-Democracy- Pure Pure RepublicanRepublican

Totalitarianism/authoritarianism-Totalitarianism/authoritarianism- TheocraticTheocratic SecularSecular Tribal.Tribal.

Political InstitutionsPolitical Institutions

Legislature-makes laws, Legislature-makes laws, approves budgets,controls approves budgets,controls executive and acts as a mirror of executive and acts as a mirror of public opinion.public opinion.

Executive or Government.Executive or Government.

Judiciary.Judiciary.

Business responsibilities to Business responsibilities to GovernmentGovernment

Tax Payment.Tax Payment. Voluntary programmes.Voluntary programmes. Providing information.Providing information. Government contracts.Government contracts. Government service.Government service. Political activity.Political activity.

Government responsibilities Government responsibilities to businessto business

Establishment and enforcement of lawEstablishment and enforcement of law Maintenance of order.Maintenance of order. Money & credit.Money & credit. Orderly growth.Orderly growth. Infrastructure.Infrastructure. Information.Information. Assistance to small industries.Assistance to small industries. Transfer of technology.Transfer of technology. Government competition.Government competition. Inspections & licenses.Inspections & licenses. Tariffs & Quotas.Tariffs & Quotas.

JudiciaryJudiciary

It ensures that the exercise of It ensures that the exercise of executive authority confirms to executive authority confirms to general rules laid down by general rules laid down by Legislature.Legislature.

It settles the relationship It settles the relationship between private citizens and the between private citizens and the government.government.

Systems of LawSystems of Law

Islamic law.Islamic law. Common law.Common law.

Civil or code law.Civil or code law. Marxist legal system.Marxist legal system.

Judicial powersJudicial powers

The authority of the court to The authority of the court to settle legal disputes.settle legal disputes.

Judicial review-the authority of Judicial review-the authority of the court to rule on the the court to rule on the constitutionality of legislation.constitutionality of legislation.

Judicial ActivismJudicial Activism

First used in USA in 1954 in the First used in USA in 1954 in the Brown vs. Brown vs. Board of EducationBoard of Education case. case.

It refers to the review power vested with the It refers to the review power vested with the courts and its scope varies with the width of courts and its scope varies with the width of the power conferred on courts.the power conferred on courts.

It represents a sustained effort on the part of It represents a sustained effort on the part of the highest judiciary to provide access to the highest judiciary to provide access to justice for the deprived sections.justice for the deprived sections.

The scope is wider where the power of judicial The scope is wider where the power of judicial review extends not only over executive review extends not only over executive action,but also other legislative action or even action,but also other legislative action or even over constitutional amendments. over constitutional amendments.

Judicial activism should not result in judicial Judicial activism should not result in judicial adventurism.adventurism.

Fundamental RightsFundamental Rights

Right to equalityRight to freedom of religion

Right to cultural and educational freedomRight against exploitation

Right to freedom.Right to constitutional remedies

Right to EqualityRight to Equality

Equality before law- Equality before law- Article 14.Article 14. Prohibition of discrimination- Prohibition of discrimination- Article 15.Article 15. Equality of opportunity- Equality of opportunity- Article 16.Article 16. Abolition of Untouchability- Abolition of Untouchability- Article 17.Article 17. Abolition of Titles- Abolition of Titles- Article 18.Article 18.

Freedom of ReligionFreedom of Religion

Freedom of conscience-Freedom of conscience-Article Article 25.25.

Freedom to manage religious Freedom to manage religious affairs-affairs-Article 26.Article 26.

Freedom for paying taxes for the Freedom for paying taxes for the promotion of religion-promotion of religion-Article 27.Article 27.

No religious instructions in No religious instructions in government educational government educational institutions-institutions-Article 28.Article 28.

Cultural & Educational Cultural & Educational rightsrights

Right to protect language,script Right to protect language,script and culture- and culture- Article 29.Article 29.

Right to establish and Right to establish and administer educational administer educational institutions- institutions- Article 30.Article 30.

Right against ExploitationRight against Exploitation

Prohibition of traffic in human Prohibition of traffic in human beings and forced labour- beings and forced labour- Article Article 23.23.

Prohibition of employment of Prohibition of employment of children- children- Article 24.Article 24.

Right to FreedomRight to Freedom

Rights under Article 19- - speech and expression. - to assemble peacefully and without arms. - to form associations or unions. - to move freely throughout the territory of India. - to reside and settle anywhere in India. - to practise any profession or to carry on any

occupation,trade or business.

Protection in respect of conviction of an offence-Article 20.

Protection of life and personal liberty- Article 21. Protection against arrest & detention- Article 22.

Right to constitutional Right to constitutional remediesremedies

Citizen can approach the Supreme Court for Citizen can approach the Supreme Court for implementation of fundamental rights- implementation of fundamental rights- Article 32(1).Article 32(1).

The Supreme Court has the right to issue writs in The Supreme Court has the right to issue writs in the nature of Habeas Corpus, Mandamus, the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto & Certiorari- Prohibition, Quo-warranto & Certiorari- Article 32(2).Article 32(2).

The Indian Parliament can power any court to issue The Indian Parliament can power any court to issue notice within its jurisdiction without infringing or notice within its jurisdiction without infringing or influencing the powers of the Supreme Court- influencing the powers of the Supreme Court-

Article 32(3).Article 32(3). The State cannot suspend the right to constitutional The State cannot suspend the right to constitutional

remedies except in cases provided by the remedies except in cases provided by the Constitution- Constitution- Article 32(4).Article 32(4).

Reasons for state interventionReasons for state intervention Delayed growth must be sponsored.Delayed growth must be sponsored. Modern economy must be planned.Modern economy must be planned. Government is bound to enter into industrial & Government is bound to enter into industrial &

commercial activities in a socialist economy.commercial activities in a socialist economy. Government policies decide what undertakings Government policies decide what undertakings

should be established,how it should be run etc.should be established,how it should be run etc. For economic & social well being of people money For economic & social well being of people money

can be generated by active participation of can be generated by active participation of government in business.government in business.

For a strong base for future development For a strong base for future development government must assume responsibility at least in government must assume responsibility at least in relation to core industries & facilities.relation to core industries & facilities.

Government intervention is necessitated by the Government intervention is necessitated by the failure of markets.failure of markets.

Types of State InterventionTypes of State Intervention

On the basis of natureOn the basis of nature - formal and informal- formal and informal On the basis of approachOn the basis of approach

- coercive and inducive- coercive and inducive On the basis of spreadOn the basis of spread

- direct and indirect- direct and indirect On the basis of effectOn the basis of effect

- promotional and regulatory- promotional and regulatory On the basis of effect on competitionOn the basis of effect on competition

- make competition work- make competition work- set standards for competition - set standards for competition - supplement competition- supplement competition

Role of GovernmentRole of Government

Regulation.Regulation. Promotion.Promotion.

Entrepreneurship.Entrepreneurship. Planning.Planning.

Directive principles of state Directive principles of state policypolicy

Provisions dealing with welfare (Art. 38, 42, Provisions dealing with welfare (Art. 38, 42, 45, 47)45, 47)

Provisions dealing with social justice/ (Art. Provisions dealing with social justice/ (Art. 39, 41, 43, 46)39, 41, 43, 46)

Provisions promoting democracy (Art. 40, Provisions promoting democracy (Art. 40, 44, 45)44, 45)

Miscellaneous provisions relating to Miscellaneous provisions relating to environment etc., (Art. 48, 49, 50, 51)environment etc., (Art. 48, 49, 50, 51)

Significance of DPSPSignificance of DPSP

DPSP are backed by public opinion.DPSP are backed by public opinion. Provide for a welfare state.Provide for a welfare state. Importance as Moral Ideals.Importance as Moral Ideals. Directives constitute a Guide for the State.Directives constitute a Guide for the State. Source of continuity in policies.Source of continuity in policies. Are supplementary to fundamental rights.Are supplementary to fundamental rights. Yardstick for measuring the Worth of the Yardstick for measuring the Worth of the

Government.Government. Helpful in interpretation of the Constitution.Helpful in interpretation of the Constitution. Ambiguity of Directive Principles is useful.Ambiguity of Directive Principles is useful.

BasisBasis Fundamental RightsFundamental Rights Directive Principles of Directive Principles of state policystate policy

InjunctionsInjunctions Fundamental rights are Fundamental rights are negative injunctionsnegative injunctions

DPSP are positive DPSP are positive injunctions.injunctions.

JusticeableJusticeable Are justiceable.Are justiceable. Are not justiceable.Are not justiceable.

SuperioritySuperiority Are legally superior to Are legally superior to DPSP,as they are DPSP,as they are enforceable.enforceable.

DPSP are non DPSP are non enforceable.enforceable.

AttainmentAttainment Have already been Have already been attained.attained.

Yet to be attained.Yet to be attained.

BackingBacking Are backed by Law.Are backed by Law. Are backed by Public Are backed by Public Opinion.Opinion.

SuspensionSuspension Can be suspended Can be suspended during emergency during emergency under article 352.under article 352.

DPSP unless DPSP unless implemented are in a implemented are in a state of permanent state of permanent suspended animation.suspended animation.

Type of Type of democracydemocracy

Provide for political Provide for political democracy.democracy.

Aim at socio-economic Aim at socio-economic democracy.democracy.