BureaucracyReforming Indian Bureaucracy Context: India’s civil services have some of the b, Study notes of Law

Download BureaucracyReforming Indian Bureaucracy Context: India’s civil services have some of the b and more Study notes Law in PDF only on Docsity! . lotiowhip bf Liberty A CONCEPT OF EQUALITY Equality is one of the basic pillars of democracy. Due to the tradition of slavery in the ancient times, equality had no importance. But in 18th century, specially after the Declaration of American Independence and French Revolution, the concept of equality became more. popular. Through the American Declaration of Independence issued on July 4, 1776, the Americans had said, “We hold these truths to be self evident that all men are created equal.” After this; the French Revolutionaries had raised the slogan of Liberty, Equality and Fraternity and these principles were made the basis-of the Erench Revolution and the French National Assembly had said it quite clearly by issuing Declaration of Rights of Men in 1789 that, “Men are bom free and always continue to be free and equal in respect of their rights.” After this, in 19th and 20th centuries with the development of the democratic principles the concept of equality became more and more popular and it is the basic principle of the present age. MEANING OF EQUALITY Different scholars hold different opinion about the meaning of equality. In common terminology, equality means equal income, equal distribution of wealth and equal treatment with every individual. But this is not the correct meaning of equality because all men are not equal. Some are more intelligent and some are less intelligent, some are hard working whereas some are lazy and shirker. Therefore equal treatment with all is not possible because honest and dishonest men cannot be given equal treatment. Similarly wealth cannot be distributed equally among all. In fact by equality, we mean to give equal opportunities to all living in the state. Besides this equality also means to decrease wide disparities being found in the society, absence of special rights, fulfilment i . : of the basic needs indivi provide equal opportunities to all on the basis of their ability OF the Inalvidual ang TWO ASPECTS OF EQUALITY WITH REGARDS TO ITS MEANING Negative and Positive are the two aspects of Equality — Scanned with CamSc Concept of Equality 434 I. Positive Aspect—By positive aspect of equality, we mean to provide equal opportunities to everybody to grow and to do equal treatment with all. But this does not mean that a bricklayer, a doctor or an engineer be given equal salaries. Equality means that every individual should be given equal opportunities according to his ability and qualification. Everybody should be given equal wages for the same job and the basic needs of every individual should be fulfilled. Scanned with CamSc 134 Modern Political Theory (Semester-II) (G.N.D.U.) 7. Prohibition of Discriminations—The legal dimension of equality also demands that no discrimination should be made on the basis of caste, race, religion, colour, creed etc. So that such discriminations do not become any hindrance in the way of equality. The constitution of India prohibits such discriminations. . 8. Absence of special Privileges—The legal aspect of equality demands that there should be no class with special privileges, as special privileges create inequality. 9. Rational basis of Discrimination—Though the absence of discrimination is a characteristic of equality, yet the state is empowered to make special provisions for the protection of the interests of weaker and backward sections of society, women and children etc. But the basis of such provisions should be rational. : \ In short, we can say that the legal equality means equality before law, one law for every citizen, equal punishment on breach of law etc. quality where Jality is e legal ‘ests of quality, right to ditions, densive \ fee of of the ould be i Il. Political equality means that all the citizens of the state are provided equal political ould be given rights to participate In the affairs of the state. Political Rights ights. Citizens sh Ri - lemocratic states. In dictatorial states, common people cannot participate are given only in d Scanned with CamSc Concept of Bquality . 435 iv the administration of the state, According to Kushman, “In practice the ideal of political equality Nas centred on universal suffrage and representative government... modern gemocnaey in shor.” . In democracy, every citizen is shareholder in political power and he becomes sharehoider in political power with the use of his right to vote. The people are the centre of political power and the government is responsible before them. If need arises, they can change the government with the use of their right to vote. CHARACTERISTICS OF THE POLITICAL DIMENSION OF EQUALITY i Following are the chief characteristics of the Political Dimension of Equality : 4, Right to Vote—For the establishment of political equality, every citizen should be given tight to vote without any discrimination on the basis of caste, religion, creed, colour etc. In almost every democratic state, right to vote has been recognized. In India, England, U.S.A. and other democratic countries of the world, the provisions of Adult Franchise is made in the constitutions. " 2. Right to Contest Election—For the establishment of political equality, every citizen should be given right to get elected without any discrimination. In India, every citizen who is 25 years of age and is not declared ineligible to contest election by the court, can contest election to become the member of State Legislature and the Lok Sabha. 3, Right to hold Public Office—To establish political equality, every citizen needs to be given the right to hold public office. No office should be the monopoly of any particular class. In India, every citizen is given the right to hold any public office, provided he fulfils the basic qualifications. : 4. Right to Petition—In democracy, the people have the right to petition before the dressal of their grievances. Such petitions can be.made government officials for the re so and people can ask for the protection of their interests. individually as well as collectively al 5. Right to criticize the Government—tn the list of Political Rights, the right to criticize the government has its own importance. This helps in making the government responsible to its duties. It also helps in protecting the rights of the citizens. : But constitutional and legal methods should be used to criticize the government. No violent methods should be used to criticize the government and public property should not be harmed. 6. Right to form Political Parties—In democracy, every person has the right to form political parties and to become the member of the political parties. To protect the interests of human beings, man can become the member of any association. In short, we can say that Political Equality means making provision of giving equal Political rights to all the citizens irrespective of any discrimination. 1 Scanned with CamSc % Ill. SOCIAL DIMENSION OF EQUALITY The concept of social equality came as a revolt against social inequalities. Countries where caste system was rigid, discriminations were done on the basis of religion, colour, creed etc. The people of these countries revolted against these discriminations. Many social reformers also started many social reform movements to remove the inequalities prevailing in the society. With the spread of education and democracy, the concept of equality gained momentum and the discrimination on the basis of caste, colour, creed etc was abolished. In different constitutions of the world, special provisions are made to eradicate social inequalities. Scanned with CamSc  PEO WHat) Geen ee - . L A ‘ IV. Economic equality Is considered as tho basis of all oequalltlos because whero there are poor and rich, social, political and legal equality Is not possiblo there, Rousseau has written in his famous book ‘Social Contract’, “Tho policy of the government should be such which allows neither rich men nor beggars to increase." According to Rousseau, poor and rich are simultaneously dangerous for equality and tho wholo socloty. Meaning of Economic Equality—Economic equality doos not mean equal distribution of money. Economic equallty means every person should have equal chances to earn his livelihood, Man’s fundamental needs should be fulfilled and distribution of money should be fait. According to Prof. Laski, “There must be sufficiency for all before there can be superfiuity fora few.” Further Prof. Laskl has said, “! have no right to eat cake if my neighbour because of my this right is compelled to go without bread.” Effect of Economic Inequality—Economic Inequality affects the total political and economic framework of the state, Political power gets concentrated in the hands of the rich people and they use this power for their own ends. Robert A. Dahl accepts a close relationship between political stability and economic equality. He thinks that the countries where economic inequalities are prevailing are more prone to revolution. If we want to establish political stability, economic equality is very necessary. CHARACTERISTICS OF THE ECONOMIC DIMENSION OF EQUALITY Following are the characteristics of the Economic Dimension of Equality : 1. Equal opportunities to earn Livelihood—Every citizen of the state should have equal and sufficient opportunities to earn his livelihood. The state in which there is wide spread of unemployment, in such a state, we cannot even think of economic equality. An unemployed person becomes the victim of inferiority complex and his thinking becomes negative. ' 2. Equal wages for the same Job—Without making any discrimination, whether he is aman or woman should be given equal wages for the samo Job. Besides this, no discrimination Should be made among the people on the basis of tholr casto, colour, creed, religion or sex ele. It will create the feeling of self respect among tho pooplo. 3. Fulfilment of basic Needs—Food, cloth and sholter aro the basic needs of every individual and for the establishment of economic equality, fultlimont of those basic necessities 'S necessary. In a society where some people may have to sloop on empty stomach and under pen sky without any roof on thelr hoad, wo cannot think of economic equality In such a Society. Therefore, it is the responsibility of ovory stato to fulfil those basic needs of Individuals. Scanned with CamSc . 140 Modern Political Theory (Semester-1) (GND) 4. To reduce economle Inequalltles—Economle Inequalltles In the society should be reduced, According to Laskl, "Where there are poor and rich, educated and uneducated, we alvays find masters and slaves.” The soclety In which there Is a wide gap between tho rich and the poor, we cannot think of economle equality In such a socloty. 5, Proviston of Economle Securlty—Economlc security should be provided In the case ot unemployment, sickness, old age etc. To meet this purpose provision should bo made of free medical aid, old ago pension and old ago homes otc for the poor and old people, 6, Just distribution of Wealth—Tho unequal and unjust distribution of wealth in the society gives birth to classes, Therefore, there should bo just distribution of wealth in the society so that rich do not exploit the poor.The unequal distribution of wealth creates wide economic inequalities and the soclety gets divided into two hostile classes and according to Marxists, it creates war like situation among these two hostile classes which disturbs social harmony, 7. Just ownership .of the means of Production—The means of production should not be under the monopoly of a few persons, rather there should be just ownership of these, so that the wealth does not get concentrated Into a few hands. Generally it is seen that the people having contro! over the means of production, they exploit the labourers and do not give them reasonable wages and other facilitles etc. 8. Fixed hours to Work—There should be fixed hours to work so that the labourers are not made to do over work and they also get time to rest and leisure. To meet this purpose the provision like fixed working hours, holidays, extra wages for extra work, bonus etc should be made by law as It will save, the labourers of their exploitation by the factory owners. . 9. Absence of Human Exploitation—There should be absence of human exploitation in the society. In fact while living in the society Individual has to face many difficulties. Many of the people do not get sufficient food to eat. They fall to arrange medicine in case of & sickness and they fail to buy clothes and books etc for their children. Such people get exploited | by the rich and they are forced to indulge In Immoral activities against thelr wishes. So, to ensure economic justice, human exploitation should by eradicated. Scanned with CamSc In brief, we can say that special provisions are needed to be made to establish economic equality. Basic needs of every individual should be fulfilled and sufficient opportunities should be given to every individual to ear his livelihood. Besides this, gap between the rich and the poor should be minimized etc. > oS Scanned with CamSc 144 Modern Political Theory (Semester-I) (G.N.D.U.) 4. For Political Freedom, equal opportunities are Needed—Political liberty means man should be given equal chances to participate in the affairs of the state. If it is not like this then political liberty becomes meaningless. Today a poor man cannot enjoy that much liberty ~ as a rich man enjoys. Therefore, equality is necessary in every sphere. 5. Liberty and Equality are pillars of Democracy—Liberty and equality, both are pillars of democracy. If there is only liberty and not equality, or vice-versa, then democracy _ Will be meaningless. This shows that there is close relationship between equality and liberty. 6. Both have developed Side by Side—After reading the history of equality and liberty, we come to know that man struggled for both, equality and liberty simultaneously. The Revolutionaries of France, demanded equality and liberty simultaneously because they were conscious that one is meaningless without the other. Conclusion—After reading two diverse opinions regarding the relationship between liberty and equality, we come to the conclusion that equality and liberty are not opposed to | each other rather, they are complementary of each other. Those who treat them opposite do | not know the real meaning of both. If we read the positive meaning then equality and liberty i are closely related to each other. 1 RELATIONSHIP BETWEEN ECONOMIC EQUALITY AND POLITICAL LIBERTY OR POLITICAL LIBERTY IS A MYTH IN THE ABSENCE OF ECONOMIC EQUALITY Laski has said “Political liberty is a myth in the absence of economic equality.” This statement is true to a great extent because economic equality is the basis of all other equalities. Where there will be poor and rich, the distribution of wealth is not fair and many persons would not.be getting even to eat, there giving them political rights will be just fraud. A poor man cannot enjoy these rights. To study the relationship between economic equality and political liberty, we should first know the correct meanings of both. Meaning of Political Liberty—The liberty is provided to the citizens of democratic ay States. This means, taking part in affairs of the state. According to this every citizen has iD (i) Right to Vote (ii) Right to contest election (iii) Right to hold public offices (iv) Right to : criticize the government (v) Right to Appeal (vi) Right to form Political Parties (vii) Independent | Press etc. There will be no discrimination on the basis of caste, colour, creed, religion, region in providing these liberties. ° Meaning of Economic Equality—Economic equality means every citizen should be i given equal opportunities to_eam his livelihood, preventing unequal distribution of wealth, \ 4t and to fulfil the basic needs of the people. Economic equality includes (i) Equal chances to t wD eam: livelihood, (ii) Equal wages for equal work, (iii) Fulfilment of fundamental economic qua! Wegss braves zoniom Scanned with CamSc _ Concept of Equality : 4145 needs, (iv) Reducing of economic inequalities. Hobson has tightly said, “What good is freedom: to a starving man ? He cannot eat freedom nor drink it.” This clearly shows that fulfilment of economic needs is very essential, only then one can enjoy political liberty, Economic problems result In becoming a man into thief, dacolt, robber, beggar and slave etc. Laski has rightly said, “Where there are rich and poor, educated and uneducated we always find masters and slaves.” Ne cet ES eee Se Following are the points to emphasis on the closeness of relationship between political . liberty and economic equality :— — 1, Poor man cannot make proper use of his right to Vote—Political problems are very complicated and to understand these problems, a lot of time and intelligence is needed. Apart from this, citizens should be educated and politically conscious: This can be possible only when an effort is made to understand these problems and a lot of time is devoted to it. A poor man cannot devote his valuable time for these problems, so, he fails to form his opinion about complicated political matters. These common people are. swayed by clever politicians and they cast their votes in favour of those politicians. In this way, a poor man casts his vote to a wrong man because he is swayed by their wrong promises. They do not cast their votes according to their choice. 2. A poor man comes under the influence of Greediness—We usually read in newspapers that such and such person sold his vote but if we see the problem of selling voles intensely, we see that the person selling vote need not to be criticized. The fault is of his poverty. Man needs food to feed his stomach, not votes. Any person who solves his food problem for a few days, he casts his vote to that person. In this way poor man comes under the influence of greediness and sacrifices his political liberty. 3. Nonause of vote by a poor Man—The problem of earning money to feed the family is always there for a poor man. So, he works despite rain, holidays or storm. If he does not 90 to work on the day of voting, he will not be able to earn his livelihood. He, therefore, thinks it better not to use his right to vote. Therefore, many people do not cast their votes. A. joy man cannot contest Elections—In democratic states, all the poor and rich | right to vote and right to get elected. But this right is only a fraud led to contest elections and a poor man cannot invest that f the members of parliament and the state legislatures, we come from the poor sections of the society. be a good Leader—A poor man cannot become a good and cannot devote his i demands a lot of time and a poor man cannot devote Nis mage leaiser ee San nelther devotes full attention towards political problems Valuable time for politics. A POOT Nit | a thinks of his economic problem. tion. ave 4. A poor man ca Citizens are given equal Decause a lot of money is need much money. If we see the list o Will find a very few members who 5. Poor man cannot "or he can leave his occupa’ eae oe Scanned with CamSc ne o 146 1 Modern Political Theory (Semester-I1) (G.N.D.U.) 6. Political Parties are under the control of rich People—Present day politics largely revolves around political parties. Political parties form government and also criticize the policies of the government. To run their affairs, political parties need money for which they have to depend on rich people. This way, political parties also come under the influence of the rich people. The poor people only shout slogans. The rich people get the policies made of their choice. 7, Press is an Instrument of the Rich—In these days, press is an important means through which the people can convey their problems to the government,and can also criticize the wrong policies of the govérnment. But this is a very expensive means and only the rich people can make use of it, The press Is under the control of the rich and they make use of it to promote their own interests. They never bother about the interests of the poor. 8. No attention is paid to the petition of a poor Person—in democracy, the people have the right to send petition to the government. Under this provision, every individual or a group of individuals can send petition to the concerned officials for the redressal of their grievances. But in this connection, the condition of the poor is quite pitiable. Firstly, the poor -.. do not take the courage to send their petition. In case he does so, his petitions are thrown in the waste paper basket. One needs right type of contacts to get his or her grievances redressed, 9. Political Power Is slave of the Rich—Generally it is seen that political power is the slave of the rich and it dances according to their wishes. The rich people give money to the persons in power to fight elections and to remain in power and in return they get their interests Protected by them. While making policies the tuling class looks after the interests of the rich " and wave the loans taken by them from the banks, During elections the rich people open their chests for the political parties and after coming into power the leaders look after the interests of their donors. Because of this, it is said that democracy is government of the rich, for the rich and by the rich. eee 10. History Supports This—if we make a thorough analysis of the history of the world, we_come to know that there is no relationship between Political liberty and economic inequalities and both are opposite to each other. The tich have always exploited the poor and the poor have always remained at the mercy of the rich. And the same thing is applicable even today. Even today, whatever may be the form of government, the political power is in the hands of the rich people. Though the rich people do not contest elections by themselves, yet they help the political parties by giving donation and In return to It, the | ie pte BENSON , the political parties look after their interests. . Concluslon—We can conclude from above written Points that there Is a close relationship between political liberty and economic equallty, Political liberty Is Just a fraud in the absence of economic equality and history supports It. Man takes interests In political affair only when he Is free from his basic needs, In Indla, only 60 % to 70% of the voters make use of their right to vote and the rest remain Indifferent to elections. Economic problems eo —— . OUCUIIIICU WILT Udll IoC