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The State & Its Essential Elements
Definition of a State:
- A community of persons permanently occupying a definite territory.
- It is independent of external control (sovereign).
- It possesses an organized government.
- It is the primary unit of study in Political Science.
Essential Elements (Constituent Elements):
- Population: A community of persons living permanently in the state.
- Territory: A definite geographical area with demarcated boundaries.
- Government: An organized governing authority.
- Sovereignty: The most important element; absolute authority over internal and external matters without external control.
- Example: India lacked the status of a state before 1947 because, despite having population, territory, and a government, it lacked sovereignty under British rule.
Sovereignty in Practice (India):
- India is a sovereign nation.
- Its membership in the Commonwealth of Nations is voluntary and does not curtail its sovereignty.
- The British monarch is only a symbolic head of the Commonwealth.
Systems of Government
Parliamentary System
- Definition: A system where the executive is derived from and responsible to the legislature.
- Key Features:
- The Council of Ministers is responsible to the Lok Sabha (Lower House).
- The executive (ministers) can be removed by the legislature through a vote of no-confidence.
- Ministers are typically members of Parliament.
- The Cabinet is headed by the Prime Minister, not the Head of State (President).
- Based on the principle of collective responsibility to the people.
- Reason for Adoption in India: The Indian Constitution provides for a Parliamentary system, largely based on the British model.
- Advantage: The main advantage is the executive’s responsibility to the legislature, ensuring accountability.
Presidential System
- Definition: A system where the executive is separate from and not responsible to the legislature.
- Key Feature: All executive powers are vested directly in the President.
- Status in India: The Presidential system is not a feature of the Indian Constitution.
Federal System
- Definition: A system of government with two levels—a central government and state governments—with a division of power between them.
- Essential Federal Features in India:
- Written Constitution.
- Division of power between Union and States.
- Supremacy of the Constitution.
- Rigid Constitution (hard to amend).
- Independent Judiciary (a key indicator of federalism).
- Bicameral Legislature (two houses: Lok Sabha and Rajya Sabha).
- Unitary Features (in Indian Federalism):
- Strong central government.
- Single Constitution and Citizenship.
- Appointment of State Governors by the Centre.
- President’s approval required for some state bills.
- Integrated Judiciary, Audit Machinery, and Election Commission.
- All-India Services (e.g., IAS, IPS).
- Parliament’s authority over the State List under certain circumstances.
- Emergency provisions that centralize power.
Unitary System & Governance
Unitary System:
- Characteristics include a strong center, uniformity of laws, a flexible constitution, and swift decision-making.
- It is not considered ideal for large countries due to the difficulty in managing diverse needs from a single center.
Good Governance:
- Features: Accountability, Transparency, and Rule of Law.
- Barrier: Red Tapism (excessive bureaucracy and rigid rules that delay decisions) is not a feature of good governance.
- The “Barriers to Good Governance in India” were identified in the Second Administrative Reforms Commission’s report titled ‘Citizen-Centric Administration: The Heart of Governance’.
The Indian Polity
Cardinal Features:
- It is a Democratic Republic.
- It has a Parliamentary form of Government.
- The Supreme power vests in the People of India.
- It provides a unified authority (with strong unitary features).
Parliamentary Sovereignty vs. Judicial Review:
- UK Model: Parliament is sovereign; its laws are supreme and cannot be challenged by the judiciary.
- Indian Model:
- The Constitution limits the power of the Indian Parliament to legislate.
- The Judiciary (Supreme Court) can review and strike down parliamentary laws if they violate the Constitution.
- Matters of constitutional validity are referred to a Constitution Bench of the Supreme Court.
Types of State:
- Welfare State: A state involved in all aspects of life for the welfare of its citizens (“The State is everywhere”).
- Police State: Not discussed in detail, but implied as the opposite of a welfare state.
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