[PDF] Essay on Nyaya Panchayats | India | Panchayati Raj | Public Administration

Here is an essay on ‘Nyaya Panchayats’ for class 9, 10, 11 and 12. Find paragraphs, long and short essays on ‘Nyaya Panchayats’ especially written for school and college students.

Essay # 1. Composition and Constitution of Nyaya Panchayats:

The Nyaya Panchayats cover a jurisdiction between five and seven Panchayat circles of the old pattern or according to the local situation. The officer in charge, generally the collector, is responsible for demarcating the jurisdiction. He is assisted by Tehsildars and Naib Tehsildars and Vikas Adhikaris in discharging his duties. Each Panchayat within the jurisdiction of Nyaya Panchayat, elects a member for the latter.

The member so elected must be a registered voter in the Panchayat electing him. He must not be less than 30 years of age. He must be literate enough as to read and write the state language fluently and legibly. He must not suffer from any disqualification which ordinarily debars a panch from being elected to the panchayat.

A Nyaya Panch is disallowed from holding an office of sarpanch or that of member of Samiti, Parishad, State Legislature or Union Parliament simultaneously. The elections of the Nyaya Panchayats are regulated by the same rules as those of the elections of Vikas Panchayats.

The members from amongst themselves elect a chairman of the Nyaya Panchayat. One-third of the members retire by rotation every second year. The chairman constitutes bench of three members each for dealing with the civil and criminal cases coming before the Panchayats. The member hailing from a circle in which the case arises is not allowed to sit on the bench.

Likewise if a member of the Bench is a direct party to the suit or is personally interested in it, he is not allowed to sit for hearing of such a case. The members of the Nyaya Panchayat when on duty, enjoy the same protection as public servants enjoy under law.

Essay # 2. Powers of Nyaya Panchayats:

The Nyaya Panchayats possess civil and criminal jurisdiction. Their criminal jurisdiction extends to offences under the Indian Penal Code viz., possession or use of false weights or measures, negligence or deliberate doing of acts which endanger public health, life and prop­erty, or cause public inconvenience such as fouling of water meant for public use, rash driving on public ways, obstructing or damaging public ways, failure to repair a dangerous building, causing hurt with or without provocation, misappropriation where the value involved is not more than Rs. 25, mischief, trespass, using coercion to wrongfully confine a person; injury to public property; insult; criminal intimidation; uttering words or making gestures intended to insult the modesty of woman.

Besides this, the Nyaya Panchayats are empowered to deal with offences under the Cattle Trespass Act, Public Gambling Act, Primary Education Act, Preven­tion of Juvenile Delinquency Act, Prevention of Cruelty to Animals Act and offences under other Acts as may be declared by the State Government to be taken by the Panchayats.

The criminal jurisdiction extends to the trial of cases dealing with offences against public servants. These cases include refusal to answer questions, refusal to give information, refusal to produce documents, refusal to sign a statement and refusal to take an oath where a person is duty bound to act in that manner under the orders of a public servant.

The Nyaya Panchayats can impose penalty prescribed by the statute upon the persons convicted for deliberately ob­structing or insulting a public servant. The Nyaya Panchayats can impose penalty between Rs. 25 and Rs. 100. They might discharge youthful offenders by fining or by issuing admonition to the offender.

The civil jurisdiction of the Nyaya Panchayats extends to suits for damages, breach of contracts not affecting immovable property, suits for compensation for wrongfully taking or injuring movable property and suits for specific movable property the value of which does not exceed the ceiling prescribed by the statute. Such value generally ranges between Rs. 100 and 500.

The Nyaya Panchayats do not exercise jurisdiction in cases where the suits may be brought before a Revenue officer under any of the existing laws, against the Chairman or any member of Nyaya Panchayat against a Sarpanch or Panch of the Panchayat within the jurisdiction of the same Nyaya Panchayat, against a minor of person or unsound mind.

The Nyaya Panchayat is empowered to pass a degree with or without interest or installment. It may give exparte judgement if the other party does not appear after getting due notice. It may dismiss complaint or application if there is not ‘prima facie’ case against the defendant.

It may issue summons, cause appropriate documents to be produced and require the presence of a particular person for evidence. It may conduct local enquiry and make a report if directed by a magistrate to do so regarding an offence committed within its own circle.

Essay # 3. Evaluation of Nyaya Panchayats:

Though the judicial activity of the Nyaya Panchayats has not been subjected to searching examination, yet on the basis of performance of these Panchayats in some of the states, it can be concluded that their services to the village community have been fairly commendable.

The vil­lagers’ fondness for these Panchayats has got accentuated due to quick, cheap and easily acces­sible justice rendered by the Nyaya Panchayats. On an average, a Nyaya Panchayat devoted approximately ten hours a month for case work and took about two hours on an average to dispose of a case.

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[PDF] Essay on the Chief Executive | Public Administration

Here is an essay on the ‘Chief Executive’ for class 9, 10, 11 and 12. Find paragraphs, long and short essays on the ‘Chief Executive’ especially written for school and college students.

Essay # 1. Introduction to the Chief Executive:

The chief executive occupies a central position in Public Administration. By chief execu­tive we mean the person or body of persons at the head of the administrative system of a country. The administrative structure of a country is like a pyramid broad at the base and ending in a single point at the apex. The chief executive is the apex of the administrative pyramid.

In England, the chief executive is the Queen/King, the head of the state. The ruling head in India is the President, in Switzerland it is the Federal Council headed by a chairman whose offices rotates yearly among the councilors.

In U.S.A. the President is the chief executive. Sometimes, a difference is made between the nominal and the real chief execu­tives. In parliamentary governments, the head of the State is called the nominal chief executive, while the cabinet is called the real chief executive.

In Presidential executive the Chief Execu­tive is head of the state as well as of the Government. In Public Administration we consider the chief executive and his functions not as the head of state but as the head of administration. It may be noted that the chief executive is available at every level of government. For instance, there is a chief executive at the State level who is called Governor of the state.

At the level of local government we have the mayor, chairman or president. They are the administrative heads of their own jurisdiction. It may also be noted that the chief executive, at whatever level, is the political leader as well as the administrative head. In public Administration we are concerned with his administrative functions only. His political role is outside the scope of our study.

In Public Administration, the role of the chief executive has been compared to that of General Manager in a corporate undertaking. The General Manager in a corporate enterprise is subordinate to the Board of Directors. He is the agent through which the Directors carry out their powers of general administration. He is subject to the direction, supervision and control of the Board of Directors and is accountable to it.

He is actually responsible for running the enterprise smoothly and efficiently. W.F. Willoughby is strongly of the opinion that the office of the chief executive must be raised to the status of General Manager. He should perform the same functions as are performed by the General Manager.

Willoughby wanted the necessary changes in the American constitutional set-up in order to erect the chief executive, i.e., the President as the General Manager.

In view of the ever growing complexity of the activities of modern States, it is not desir­able for the legislatures to have direct dealings with the administration. Consequently, the chief executives of several countries have come to enjoy vast powers in the administrative field.

Today they combine in themselves the three major functions of political leadership, administra­tive management and ceremonial representation. From the standpoint of the legislature this means that the latter will look primarily to the chief executive for the efficient carrying out of its administrative determination.

Essay # 2. Features of General Managerial System:

The system of administration in which the chief executive functions as the General Manager of administration has the following main features:

(i) Scalar System:

This system establishes a pyramidical system. It consists of arranging the administrative groups or units, steps upon steps in a scale from which the term ‘scalar’ has been derived.

In it the supreme leadership is represented by an individual or individuals at the top of the pyramid, but in order to exercise this leadership it becomes necessary to delegate authority and responsibility to the sub-leaders on the various subordinate steps of the scale.

These sub-leaders are the heads of various departments which are further sub-divided into divi­sions, branches and sections. The essence of this system is the unity of command. The line of authority runs through the chief executive to the legislature and not directly. The authority of the legislature, no doubt, shall be still supreme but this is to be exercised through the chief executive.

It means that all administrative officers including the departmental heads shall be responsible for their acts to the chief executive who shall be held responsible if anything goes wrong. This principle has reached to its logical conclusion in the cabinet system of government where the official cannot be even referred to in the parliament but the minister has to shoulder the entire responsibility of his subordinates.

(ii) Chief Executive, the Master of Civil Service:

It means that all members of civil service are under the direct control of the Executive. It has the right of selection, promotion and removal of them. While with regard to the lower employees, the discretion of the Execu­tive is limited by the authority of the Public Ser. ice Commission, with regard to the head of departments, the executive enjoys fall discretion in matters of their appointment and removal.

(iii) Control over Institutional Activities:

The Executive exercises fall control over insti­tutional activities of the administrative services, i.e., it prescribes and controls the methods in which the several operating services perform their duties. The legislature does not interfere in these matters.

(iv) Control over Administrative Reports:

All administrative reports are submitted to the legislature through the executive. The heads of departments do not appear before the legislature.

Essay # 3. Administrative Functions of the Chief Executive:

The chief executive has to perform a number of functions. Luther Gulik coined the word “posdcorb” for the administrative functions of the chief executive. The ‘posdcorb’ stands for Planning, Organising, Staffing, Directing, Co-Ordinating, Reporting and Budgeting. Marshall Dimock summarises these functions in one sentence. “He is a trouble shooter, a supervisor and a promoter of the future programme”.

L.D. White has put these functions under the following main categories:

(i) Deciding Administrative Policy:

The legislature lays down the policy to be followed by the government in general terms. For the implementation of the general policy the executive has to decide a large number of questions pertaining to admin­istrative policy. The administrative policy has been defined by E.M. Gladden as “the form in which the ministerial administrator or board carries the will of the government into effect.”

As general administrator, the chief executive has to issue a number of instructions and orders, written or oral, to enable the administrative officers to perform their duties in a proper manner. Apart from these, the departmental heads and division chiefs also issue a number of orders, instructions, circulars, formal letters and proclamations.

The chief executive is sometimes con­sulted by th
e departmental heads and other principal officers on many State matters particularly those which are important and controversial, e.g., Hindi agitation, Akali movement, etc. in case of India. The ability and personality of the chief executive has a close bearing on administra­tive efficiency.

(ii) To Authorize Details of Organization:

Legislature usually provides for the establish­ment of main units of organization, like departments, commissions, corporations. Details are left to be filled in by the executive at his discretion. The chief executive leaves the shaping of divisions, branches and sections in the hands of their chiefs subject to his approval.

The num­ber and duties of the various sub-units, the setting up of various ad hoc committees to meet particular situations are determined by the executive, e.g., In India the Reorganization of States Commission was appointed by the Union Cabinet in 1954 without any reference to the legisla­ture.

The Boundary Commission under the chairmanship of Justice Shah of the Supreme Court to reorganize Punjab in 1966 was also appointed without reference to Parliament. Many such instances can be quoted from USA.

Similarly the executive prescribes the manner in which the several operating services shall perform certain or all of their duties. As told elsewhere, the working activities of an administra­tive service may be institutional or functional.

The institutional activities are those which the service has to perform in order that it may exist and operate as an institution. Functional activi­ties are those which it must perform in order to accomplish the purpose for which it has been established.

The institutional activities embrace such work as maintenance, care and operation of plant, the recruitment and management of personnel, the purchase, custody and distribution of supplies, the keeping of accounts, the maintenance of files, etc. The two types of activities differ not only with regard to their end for which they are performed but also in character.

Institutional activities differ from service to service. It is highly important, therefore, that insti­tutional activities should be performed in a uniform manner.

In order that uniformity may be secured and most efficient methods employed, it is necessary that the power to prescribe and subsequently to enforce the manner in which these duties shall be performed shall be vested in some agency exercising general jurisdiction over all services. That agency may be the chief executive.

(iii) To Coordinate the Organisation:

Modern administration is a mosaic of departments, commissions, divisions, sections each performing only a specialized part of the function. In order to create unity in this huge mass of diversified activities, a very high degree of coordina­tion and integration is needed.

This has to be done at lower as well as higher levels. To achieve the purpose of administration, i.e., the general good of the people, integration is desirable from every point of view. In spite of the presence of coordinating machinery, mutual feuds due to personnel rivalries are likely to arise.

All these are settled by the executive. Coordination is rightly considered as the heart of administration. Hence Chief Executive’s role in this field is of pivotal importance. It is suggested that the chief executive should adopt a strong line of action in the matter so that the conflicts may be reduced in number and his decisions may be readily acceptable to the parties concerned.

(iv) To Appoint and Remove the Personnel:

The chief executive is respon­sible as general manager for the manager in which the heads of the several departments perform their duties. Since the responsibility ultimately is that of the chief executive, it is logical that he should have the power to select and remove the officers. In modern times thousands of people are required to fill in the various administrative posts.

A substantial majority of these is ap­pointed on the basis of merit Most of the personnel are selected by the Civil Service Commis­sions. The Commissions are merely recommendatory and not appointing authorities. The ex­ecutive which is the appointing authority may refuse to accept the recommendation.

Appoint­ments of a high category such as of ambassadors are made by the chief executive. In the United States the President makes high appointments subject to the approval of the Senate. After appointment all the questions of training, pay, increment, and promotion are determined by the executive.

The chief executive also has the power of dismissal or demotion of public servants, if he finds it necessary in the interests of administrative efficiency. In general, with regard to the removal of high officers whose appointments he has made, he has full discretion; but, in the removal of personnel of the lower cadre, he is guided by the Civil Service rules.

There are certain constitutional and statutory guarantees which the executive cannot override, e.g.. Article 311 of our Constitution provides that no member of the civil service will be removed or dis­missed by any authority subordinate to that by which he was appointed, and that no such person shall be removed or dismissed or reduced in rank until he has been given a reasonable opportu­nity of showing cause against the action proposed to be taken against him.

(v) To Control the Management of Finance:

With regard to public finance, especially in the parliamentary system of government, the chief executive enjoys wide authority. As general manager, he has the duty of making full report regarding past operations and present conditions and to make a statement as to the provision, which, in his opinion, should be made for meeting the revenue and expenditure needs of the government in the future.

This recommendation goes in the form called ‘Budget’. The legislature after considering the various items passes it in the form of an Appropriation Act. After the passage of this Act the executive has the duty of supervising the expenditure and collection of money.

In parliamentary form of government the chief executive or his representative presents the budget in the legislature and sees to its passage. Rejection of budget means no confidence in the government. In the Presidential form of government the formal budgetary authority is vested with the legislature.

In actual practice the President of U.S.A. is the Chairman of the Bureau of Budget which frames the budget and then it is handed over to the Congress for its passage. The President possesses effective veto power over the Budget. Hence generally Congress passes the budget with minor modifications.

(vi) To Supervise, Control and Investigate the Administrative Operations:

The function of the executive is not only to carry on the public business itself, but also to see that it is being carried on properly. As such, it has to supervise the work, give necessary instructions, warn when the work is not being done properly and encourage when it is running smoothly.

It can make inquiries to investigate any administrative matter and set up investigation committees for the purpose, e.g., the Government of Punjab set up Vigilance Committee to investigate into the charges of corruption against high public officials including the Ministers and Chief Minister.

Similarly, the central government set up Das Commission to enquire into the conduct of the Punjab Chief Minister, Partap Singh Kairon. An Administrative Vigilance Commission and the Central Bureau of Investigation which are working on permanent basis in the central go
vernment are also meant for the same purpose.

(vii) To Participate in and Control Public Relations:

The chief executive has important responsibilities affecting administration outside the system, notably in representing and defend­ing its work. Since the public administration is ultimately responsible to the public, it has al­ways to keep the people informed about the nature and purpose of its activities and remove all the misunderstandings of the people.

Very often we hear of corruption and red-tapism in a particular department, of indifference or bad treatment of an officer towards the public. In the face of these complaints it becomes the duty of the executive to clarify the position and defend the administration.

It is for the executive to maintain relations with the press, interested groups, voters, and the legislature, hear their views and tell them the views of the government.

So important is this function that a Department of Public Relations has become almost indispens­able for every government. Donald C. Stove has nicely portrayed the significance of this function in the words “It is the executives’ job to cultivate relationships with the heads of others government agencies with members of legislative bodies with private institutions and with the public so that his staff will have a favourable climate within which to function.”

The above functions of the chief executive make it clear that he is the administrator-in- chief or the General Manager of public administration. He is the head of administration and all the administrative departments are responsible to him. He looks after the entire administration.

As general manager it is his primary responsibility to see that the administrative affairs of the government are being honestly, efficiently and economically run. In short, the responsibility of proper administration rests upon the chief executive.

Willoughby has suggested the following steps to erect the Presidential office in the United States into that of General Manager:

(i) Line of administrative authority should run through the chief executive to the legislature.

(ii) Heads of administrative services should be appointed and be removable by the chief executive.

(iii) Chief executive should exercise control over institutional activities of the administrative services.

(iv) Administrative reports should be submitted by or through the executive.

(v) Budget should be prepared and submitted by the Chief Executive.

Willoughby finds the following benefits in erecting the office of Chief Executive into that of General Manager:

(i) The administrative branch, both its organization and its practical operations should become a single piece of administrative mechanism, in which its several parts shall work in unison and not pull in contrary directions.

(ii) It shall make the formulation of general programme and its subsequent implementation possible with the benefits of coordination and cooperation.

(iii) It will fix responsibility and see that it is enforced.

If these views of Willoughby are to be implemented the authority of the chief executive becomes onerous as his powers are enormous. Hence he will be requiring assistance of staff and auxiliary agencies which act as ‘filter and funnel’.

Only very prominent matters and that too duly perused and sifted at lower levels come to his table for final orders. He may delegate power for his convenience but delegation does not amount to abdication.

The Chief Executive is always the chief executive. He heads the administration. Hence he is responsible for its proper functioning. His assignment as a chief executive necessitates maximizing his influence throughout his organisation.

He is not supposed to rely exclusively upon his formal authority and the power of command. He should harness his talents is being the catalyst, perfect in assimilation, and assemblage of the varied ideas and export in getting agreements nailed down. He symbolizes organisation par excellence in his country.

Much depends upon the personality and caliber of the chief executive as to succeed he has to get assistance from a band of well chosen colleagues for running the administration efficiently and smoothly.

In USA where Presidential system of government exists the President chooses his adviser and colleagues in the cabinet not only from his own party but also the opposition party if they are men of calibre and possess the requisite abilities for holding a particular assignment.

President elect in November 2008. Barrack Obama appointed his main rival – Hilary Clinton, as secretary of state a pivotal post. Likewise a few young Indian Americans find berth in his cabinet.

Essay # 4. The Parliamentary and Presidential Types of Chief Executive:

The parliamentary executive is the one where the executive is responsible to the legislature whereas in a presidential executive the executive is independent of the parliamentary control.

The U.K. and India provide the examples of parliamentary executive whereas in the U.S.A., there is presidential executive. In a parliamentary executive the chief executive is the Prime Minister who is the creator, preserver and destroyer of the cabinet.

The President or the King is only the nominal executive. Thus it may be said that the real chief executive in the parliamentary countries is a plural body, viz the Council of Ministers which consists of a Prime Minister and a number of other ministers, while in the countries, opting for Presidential septern the chief executive is a single individual heading both, the State and Government.

A body of advisors known as his cabinet assists him. This difference between the parliamentary and presidential chief executive has got an administrative significance.

The cabinet headed by Prime Minister in Parliamentary government with its plural composition is less troubled with the problems of the ‘span of control’ than an individual head like the U.S. President. Under the parliamentary form the task of supervision and control gets distributed among the ministers and comparatively few problems need go to the Prime Minister.

Secondly, in a parliamentary executive there are less chances of the rise of dictatorship of a single individual than in a presidential one.

The second main difference between the two types is related to the legislative-executive relationship. Under the parliamentary type there is close collaboration between the legislature and the executive. The members of the executive are the members of the legislature.

They sit in the legislature, lead it, initiate and pilot bills and the budget, and assume responsibility for the entire administration. They can be put questions and censured for negligence or careless­ness.

In a presidential executive like that of the U.S.A. the theory of separation of powers and a system of checks and balances prevails. The secretaries in the USA who constitute the Presi­dential cabinet are not the members of the Congress. They are not responsible to it. They are the boy-errands of the President. They are his creation.

He is their boss and not the leader unlike that of Prime Minister in parliamentary democracy. He can fire them whenever he likes. Hence they are categorized as Kitchen Cabinet or his family. They are accountable to him and not the Congress. The consequence is that legislative-executive relations are precarious at times.

The third difference between the two types is that parliamentary executive is responsible to the legislature for all its policies and acts while there is no such responsibility to the legis­lature in the presidential executive.

The result is a certain amount of distrust of executive on the part of the legislature and an unwilling
ness to grant it additional functions and powers. As such, a parliamentary executive is more adequately equipped with the means of meeting its responsibilities than the presidential type of executive.

Comparing both the types of executives, the parliamentary type is better suited for admin­istrative efficiency because it establishes a responsible and effective chief executive. For effi­ciency of administration the chief executive must supply administrative direction, driving power and coordination between executive-legislative operational relationships.

Even in the U.S.A., thoughtful critics have advocated the modification of the presidential system along parliamen­tary lines to assure its smooth functioning. It has been observed that in case the House of Representative and the Senate are having the majority of the opposition party, the American President invariably faces insuperable Bottlenecks and the administration comes to a standstill.

The Swiss Executive embodies features of both of these types. The seven councilors constituting the executive are elected for a fixed period. They are accountable to the legislature but cannot be ousted by it. They do not have right to vote though can sit in the legislature and participate in discussions.

They cannot dissolve the legislature as is the case in parliamentary executive. Such a type of executive possesses the advantages of both the systems though avoiding their defects. However such a type of government can exist in a small country like Switzerland.

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[PDF] Political Environment of Business: 4 Elements | India

The following aspects of political environment may be considered as its critical elements in relation to business: 1. Political System 2. Political Processes 3. Stability of Political Structure 4. Centre-State Relations.

Element # 1. Political System:

Indian Political system is governed by the constitution of India which was moved by Pandit Jawaharlal Nehru on 9 December 1946 and was subsequently adopted by Constituent Assembly in Jan. 1947 and came into force on 26th Jan. 1950. The constitution of Indian republic is not the product of political revolution but of research of eminent people who made an effort to improve upon the existing system. President of India is the head of Indian Union and has to act in accordance with the advice of Prime Minister of India and council of ministers.

The supreme legislative body of Indian Union is the Parliament consisting of two houses:

(a) Lok Sabha (House of People) and

(b) Rajya Sabha (Council of States)

(c) Members of Lok Sabha are chosen by direct election for a term of five years.

(d) Members of Rajya Sabha are indirectly chosen and are the elected members of legislative assemblies of state.

Few members are also nominated by the president. One third members retire every year.

States have:

(a) Legislative assemblies (Vidhan Sabha).

(b) Legislative councils (Vidhan Parishad) not all states have Vidhan Parishad.

Union Territories have Administrator who is appointed by President.

Local Government in urban areas instead has elected municipal bodies.

Element # 2. Political Processes:

Election Commission of India is an independent authority which governs the formation and functioning of political parties at national regional and state levels. The law provides for registration of political parties by Election Commission. The state or government cannot give preference to one religion as against another.

The word ‘Secular’ was inserted in the Preamble by 42nd Amendment to the constitution in 1976 which means according equal encouragement to all regions. But national leaders lay emphasis on problems focused in the light of their interest during elections. Rather they have been taking up the issues like – problems of backward classes, rural upliftment, alleviation of poverty etc. Problems of constituency of leaders become more important to focus during election campaign. This has led to no single party having clear majority. This will not only lead to political instability but will also have serious implications on the business and thus on nation.

Element # 3. Stability of the Political Structure:

Balance between executive, legislation and judiciary can lead to stable political structure. In India, ministries departments, secretariats and offices have executive power at centre and state. Comptroller and Auditor General (CAG) are appointed by president and have to report on account of Union and States to the President and respective Governors. Local leadership at times leads to political instability as a result of their vested interests. One such instability has resulted in reorganization of states by bringing out amendments in constitution. One result of such reorganization is Uttaranchal, Jharkhand and Chhattisgarh.

Element # 4. Centre-State Relations:

To avoid conflict between Union and federating states the constitution has provided for three fold distribution of power; i.e. – Union, state and concurrent.

Only central government can make policies on the subjects included in ‘Union’ list. Only state government has power to make policies on the subjects included in ‘State’ list. But both centre and state governments can make policies on subjects in ‘concurrent’ list. President, rule can be imposed under Article 356 and it also provides for dissolution of state assembly in case of failure of constitutional machinery in the states. The constitution also specifies centre state relation with respect to – (a) Distribution of financial powers between centre and state and (b) Mechanism of resource transfer from centre to states.

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[PDF] Essay on Equality: Meaning and Kinds of Equality

By equality, we generally mean that all men are equal and all should be entitled to identity of treatment and income. “Men are born, and always continue, free and equal in respect of their rights”. We hold these truths to be self-evident that all men are created equal”. But in practical life this is not true. No two men are similar in physical constitution, capacity and temperament.

Professor Laski has very aptly remarked in this connection:

“Equality does not mean the identity of treatment or the sameness of reward. If a bricklayer gets the same reward as a mathematician or a scientist, the purpose of society will be defeated. Equality, therefore, means, first of all the absence of social privilege. In the second place it means that adequate opportunities are laid open to all”.

Equality is a leveling process:

“The ideal of equality has insisted that men are politically equal, that all citizens are equally entitled to take part in political life, to exercise the franchise, to run for and hold office. It has insisted that individuals should be equal before the law, that when the general law confers rights or imposes duties, the rights and duties shall extend to all; or conversely that they shall not confer special privileges on particular individuals or groups”.

Undoubtedly, it implies fundamentally a leveling process”, says Professor Laski, “It means that no man shall be placed in society that he can overreach his neighbour to the extent which constitutes a denial of the latter’s citizenship”.

Equality, after all, is a derivative value”, explains Braker. “It is derived from the supreme value of the development of personality-in each like and equally, but each along its own different line and of its own separate motion”.

He further says, “We are thus arranged as it were, in a level time at the starting point of the race that lies ahead; and we start from that level line, so far as the state is concerned, with equal conditions guaranteed to each for making the best of himself-however much we may eventually differ in what we actually make of ourselves”.

Kinds of Equality:

There are following kinds of equality:

(1) Social Equality.

(2) Civil Equality.

(3) Political Equality.

(4) Economic Equality.

(5) Equality of Opportunity and Education.

(1) Social Equality:

Social equality means that all the citizens are entitled to enjoy equal status in society and no one is entitled to special privileges. There should not be any distinction of caste and creed, colour and race, groups and classes, clans and tribes All should have an equal opportunity to develop his personality.

All citizens In India enjoy social equality. Untouchability has been abolished and its practice has been forbidden. Previously, the policy of racial discrimination was adopted in the United States of America but Johnson I, Ex-President of U.S.A., established social equality by getting the Bill passed by the Congress.

The policy of racial discrimination is still followed by South Africa. Social inequality still prevails over there. On 10th December, 1948, the U.N.O. declared the charter of human rights which laid stress on social equality. But these rights have been violated by a number of countries in the past according to the report of Amnesty International.

(2) Civil Equality:

Secondly, we have the concept of Civil Liberty. Civil liberty consists in the enjoyment of similar civil liberties and civil rights by all the citizens. Civil laws should treat all the individuals equally.

There should not be any discrimination of superior and inferior, the rich and the poor, caste and creed, colour and race, clam and tribes, groups and classes. Rule of law is in force in England and in the eyes of the rule of law all are equal. Equal treatment is given to all by the rule of law. Similar is the case with India.

(3) Political Equality:

By Political Equality we mean equal access of everyone to the avenues of political authority. All citizens must possess similar political rights, they should have similar voice in the working of the government and they should have equal opportunities to actively participate in the political life and affairs of the country.

Political equality guarantees the enjoyment of similar political rights to all citizens. Universal adult franchise is a means to this end. Universal adult suffrage has been introduced in India. The same provision has been made in England, U.S.S.R., U.S.A., France and many other countries.

Previously, Switzerland had not conferred on women the right to vote but in February 1971 conferred the right of vote to women. In Asia and Africa there are many countries where Political Equality has not been established.

(4) Economic Equality:

Economic Equality is closely related to political equality. Professor Laski underlies the great significance of economic equality. “Political equality is therefore, never real unless it is accompanied with virtual economic liberty; political power otherwise is bound to be the hand-maid of economic power”.

According Lord Bryce, Economic Equality “is the attempt to expunge all differences in wealth’ allotting to every man and woman an equal share in worldly goods”. But this concept of ideal economic equality can never be materialised in practical politics.

By economic equality we mean the provision of equal opportunities to all so they may be able to make their economic progress. This can be done only in Socialism and not in Capitalism. Hence, Capitalism should be replaced by Socialism.

(5) Equality of Opportunity and Education:

By equality of opportunity and education we mean that all the citizens should be given equal and similar opportunities by the state. All the individuals should have similar chances to receive education. They should have similar opportunities to develop their personality. Racial or any type of discrimination should not be observed. There should not be any distinction of caste and creed, colour and race, rich and poor. In India, all are provided with equal opportunities and all have equal rights to education.

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[PDF] Difference between Post-modernity and Postmodernism

Postmodernism is a complicated term, or a set of ideas, it is one that has only emerged as an area of academic study since the mid-1980s. Postmodernism is hard to define, because it is a concept that appears in a wide variety of disciplines or areas of study, including art, architecture, music, film, literature, sociology, communications, fashion, and technology. It is hard to locate it temporally or historically, because it is not clear exactly at what point postmodernism emerges.

Postmodernism may be taken to refer to movements, philosophies or responses to the state of post-modernity, or in reaction to modernism. Many philosophers, particularly those seeing themselves as being within the modern project, use post-modernity with the reverse implication: the presumed results of holding postmodernist ideas. Most prominently this includes Jurgen Habermas and others who contend that post-modernity represents a resurgence of long running counter-enlightenment ideas.

Postmodernism is different from post-modernity which can be said to focus on the conditions of life which became increasingly prevalent in the late 20th century in the most industrialised nations. These include the ubiquity of mass media and mass production, the unification into national economies of all aspects of production, the rise of global economic arrangements, and shift from manufacturing to service economies.

Variously described as consumerism or, in a Marxian framework, late capitalism, namely, a context where manufacturing, distribution and dissemination have become exceptionally inexpensive, but social connection and community have become more expensive.

Post-modernity as a condition ascribes to more rapid transportation, wider communication and the ability to abandon standardisation of mass production, leading to a system which values a wider range of capital than previously, and allows value to be stored in a greater variety of forms. David Harvey argues that the condition of post-modernity is the escape from ‘Fordism’, a term coined in reference to the Brave New World by Aldous Huxley.

Artefacts of post-modernity include the dominance of television and popular culture, the wide accessibility of information and mass and telecommunications. Post-modernity also exhibits a greater resistance to making sacrifices in the name of progress, including such features as environmentalism and the growing importance of the anti-war movement. Post-modernity in the industrialised core is marked by increasing focus on civil rights and equal opportunity, as seen by such movements as feminism and multiculturalism, as well as the backlash against these movements.

For social, political, technological and economic determinists, post-modernity is a major cause of the emergence of postmodernism and postmodern culture. For others, it is a mode of society which goes hand in hand with postmodernism. Post-modernity may be a reason for some to choose postmodernism as a way of life, epistemological, ethical or aesthetic position.

One position maintains that post-modernity is a condition or state of being, or is concerned with changes to institutions and conditions (Giddens 1990) – whereas postmodernism is an aesthetic, literary, political or social philosophy that consciously responds to postmodern conditions, or seeks to move beyond or offers a critique of modernity.

In the whole course of above discussion, political theory means ‘tradi­tional political theory’ mainly related to goals, values, ultimate nature, and moral functions of political society and its institutions. They often tag political theory with political philosophy. The Greek word ‘theoria’ for ‘theory’ originally meant ‘deep thinking’ or ‘inward seeing’. Its aim was to search out intellectually the hidden meaning lying behind apparent reality. Germino regards political theory as the ‘critical study of the principles of right order in human social existence.’

Thus, traditional political theory is different from modern political theory. The former emerges basically from philosophy, religion, ethics or history, and puts emphasis mostly on ends or goals of human life. Its theorists are mainly political philosophers, and they write with an attitude of a social reformer. Their interest towards actual political processes, events etc., is secondary, even peripheral. Being based on metaphysical or abstract entities, their basic tenets or principles, being subjective, cannot be tested or verified empirically.

One may or may not accept them. The traditionalists widely differ on method, subject matter, and conclusions. The traditional political theories declined and went out of date, and no new political theory came from them. Even the rise and spread of critical theories and concepts of post-modernity and postmodernism have not served the purpose.

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[PDF] Rise and Spread of Islamic Fundamentalism

Close commitment to religion is called as ‘Fundamentalism’. Terrorism is a special form of Fundamentalism. Strong commitment to Islam is named as ‘Islamic Fundamentalism’. There are many other forms of Religious Funda­mentalism, but their influence, goal etc. are not so deep, widespread and problematic. None others has been able to withstand and replace the opera­tions of Islamic Fundamentalism. Islam has always been the most political of the world religions from its very beginning.

All branches of Islam are devoted to its propagation. But there are two main branches of Islam: the Sunni and the Shia. Both have tried to spread Islam as Islamic Fundamentalism. Both branches have undergone the various phases of Islamic Fundamentalism.

The Sunnis constitute about 85 per cent of the world’s one billion Muslims. The other 15 per cent are Shias. Yet the Shia Fundamentalism has been much more spectacular and aggressive. However, both have been violent and expansive forms of Islamic Fundamentalism.

The two branches of Islam parted company at an early stage over the succession to the Prophet. Shias were the followers of Ali, the son-in-law of the Prophet. Ali had refused to become Caliph on the terms offered to him. Eventually, he had become Caliph on his own terms. One of Ali’s sons, also revered by the Shias, chose to suffer martyrdom rather than renounce his claim to the caliphate. This self-sacrifice and sticking to principle became characteristic of Shiaism.

The Shi’ites tend to be more puritanical, more fundamentalist and more devoted to martyrdom, to holy war and to the fusion of religion and state than the Sunnis. Shiaism tends to be more anti-establishment form of Islam, and puts greater emphasis on social justice. It appeals strongly to the poor and dispossessed. The Sunnis are the followers of the Sunna, the beaten path or Tradition. Sunnism is usually the pro-establishment religion. In most states, its religious leadership is part of the establishment.

Law, education and preaching are all practiced under the aegis of the state. The ulamas receive state salaries. The Sunni clergy have often acted as the mouthpiece of the state. The Shia clergy, even in Shia states, have a separate organisation from the state and have traditionally performed a more critical role.

Shiaism has a messianic dimension that Sunnism lacks. It believes that there will be a restoration of the rule of the Prophet with the return of the ‘hidden Imam’ who will one day lead the Islamic community to a final paradise. All injustice will be banished and the oppressed will inherit the earth.

Sunnis believe a caliph to be merely a fallible interpreter of the Quran, whereas, Shias believe that a true caliph is an Imam, a divinely inspired and therefore infallible religious leader in true descent from the Prophet and Ali. The true descent of the Prophet has been lost, but, Shias believe, one will eventually be found again.

Prophet Muhammad (670-732), the founder of Islam, is known to have direct revelation of Allah. He gave directions to him on all matters – cosmos, religion, politics, society, family, economy and duties of a believer. Basically, they were pivoted on non-idolatry, equality and fighting for the cause of religion. With these teachings, he founded the first Islamic State and led its expansion by fighting and winning over the Arabian tribes. In this manner, the founder of Islam was a political and military, as well as a religious, leader.

He gave the weapon of Islamic Fundamentalism or of Absolute Faith and Belief to his followers to spread his Message. It did not so happen in case of the founders of other religions. Most of the founders of non-Muslim religions were devoted to self-realisation of God, and kept themselves confined to preaching and religious living only. All other matters were secondary to them. In terms of temporal power and influence, they stand no match to Islam.

The Islamic ideal has been the unity of political authority. It has always been a conquering and proselytising faith. It began with the domination of the Arabian Peninsula. Within a couple of centuries of its foundation, Islam possessed an empire stretching from Spain to India. It crushed and trampled over all other non-Muslim dynasties, cultures, religions, commu­nities and economies. It was victorious everywhere. Towards the end of the middle Ages, the leadership of Islam passed from the Arabs to the Turks. The Turks, with the Sword of Islam, succeeded in conquering much of Europe.

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