CLC/AM/R/05
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
Lecture Notes
The
Modern
Governments
(FA2A)
B.A.LL.B
First Year, Second Semester
Units I to V
1
, CLC/AM/R/05
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
UNIT-I
MEANING AND NATURE OF MODERN GOVERNMENTS
CHAPTER-1
INTRODUCTION TO THE SUBJECT OF MODERN GOVERNMENTS
It is a general fact that man is gregarious and sociable by nature. This inner instinct of human
beings urged them to form society. As the Greek thinkers expressed man is a political animal.
This trait inspired them to form government. At present no society can exist without a
government. A study of the governments at present is essential and interesting. A
comparative study of important political institutions of different countries would enable the
citizen of a nation to assess the performance of the political institutions of his own nation. An
attempt is made in this book to make a simple comparative study of certain selected
constitutions.
Significance of the study
Every study has some objectives. The benefits of a study make it significant. A study of
modern governments is significant due to its utility.
1. A study of modern governments enables the students to understand the political
system of different nations. The students understand their own political system.
2. The proper understanding of one's own political system is essential to provide
citizenship training. In this manner a study of modern governments helps in training
the citizens.
3. It enables the students to make a proper assessment of the political institutions of
his country by comparing with others.
4. Democracy can succeed only when the people enjoy their rights fully. To enjoy the
rights they should know what they are. Those who study the constitutions can
understand the rights provided to the people. They can also be alert against any
encroachment on them.
5. Every adult citizen is a voter in a democratic country. It is the duty of every voter
to exercise his franchise rightly. A study of modern governments helps the voters
make a right choice. It makes the voters politically matured.
6. The study is essential not only to ordinary citizens. It is essential to the leaders too.
In a democracy, no educational qualification is prescribed to contest in elections.
Hence, many persons without an academic knowledge of political institutions may be
2
, CLC/AM/R/05
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
elected to the legislatures. It is even proposed to organise orientation course for
political leaders.
7. A study of modern governments would enable the political leaders to acquire
academic knowledge of political institutions.
Relationship with subjects
The study of modern governments is very much related to History. It is said that past politics
is present history and present politics is future history. History and politics are very closely
related. History mainly deals with the political events of different nations. Political leaders
can learn many things from history. Thus, a study of modern governments is very essential
for students of history. The economic system of a nation is decided by the political leaders.
Hence the study is essential for the students of Economics. Laws are enacted by the
governments. It is essential for the students of Law to understand about the types of different
governments to understand law properly. In the study of modern governments we shall come
across certain technical terms. We shall see them first.
State
The word 'state' is used in two senses. In the broader sense it denotes a nation of the present
day. It has four elements namely the people, territories, government and sovereignty. In the
narrow sense it denotes the member of a federation. India is a state in the first sense. The
U.K, France, the U.S.A. and the U.S.S.R. are some of the examples. In the second sense,
Tamilnadu is a state in the Indian federation. NewJersy is a state in the federation of the
U.S.A. Ordinary men may fail to understand the difference between the two senses in which
the word is used. But those who study about governments and constitutions should
understand the difference.
Government
Government is the instrument through which the state functions. It has three branches namely
the legislature, the executive and the judiciary. Normally any government has three kinds of
functions namely legislative functions, executive functions and judicial functions. The
government's legislative branch legislates laws. The executive branch executes them. The
judiciary guards the people and the laws. It punishes those who break the laws and maintains
justice. Generally the terms state and government are used interchangeably. But they are not
to be used so. The government is an element of the state. We see the state in action through
the government.
3
, CLC/AM/R/05
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
Constitution
The legislative, executive and judicial functions of a government are to be performed by its
organs. These organs are to organised according to certain rules and principles. The powers
and functions of these organs are to be clearly defined. The people should understand the
basic political principles of the state in which they live. The constitution serves this purpose.
The constitution may be defined as the collection of the basic principles and rules of a state.
There are different types of constitutions about which details are given in the later chapters.
Sovereignty
Sovereignty is an important word in political science and history. It denotes the ultimate
political authority of a state. It is unchallengeable and unquestionable. In ancient times the
sovereign power was with the king or queen. In modern democracies it is said to be with the
people. Without sovereignty there can be no state. It is said to be the blood of a state. It is of
two kinds, namely internal sovereignty and external Sovereignty. If a state is able to establish
its political authority within its boundaries over its own people, it is called internal
Sovereignty. If a state is recognised by other states as an independent state, it is called
external sovereignty. India is a sovereign state today. But it was not so before 1947.
Legislature
The legislature is the branch which legislates laws needed for the society. The members of
the legislature are called legislators. The first legislature originated in England. It is called
Parliament. In the U.S.A. it is known as Congress. Thus it has different names in different
countries. Its members are either directly or indirectly elected. There is the system of
nominating them in some of the countries. Legislating laws is the main function of the
legislature. However, it performs other functions also.
Executive
The legislated laws are to be executed. If they are not executed there is no use of them. The
executive branch of the government is responsible for their proper execution. The form of the
executive differs from country to country. In some states they are directly elected whereas
they are indirectly elected in some of the states. The executive's main function is execution of
laws. However, the executive branch also performs different functions.
Judiciary
Laws are legislated and executed. There are possibilities of breach of laws and injustice.
Those who break laws are to be punished to maintain justice. Like other branches it also
4
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
Lecture Notes
The
Modern
Governments
(FA2A)
B.A.LL.B
First Year, Second Semester
Units I to V
1
, CLC/AM/R/05
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
UNIT-I
MEANING AND NATURE OF MODERN GOVERNMENTS
CHAPTER-1
INTRODUCTION TO THE SUBJECT OF MODERN GOVERNMENTS
It is a general fact that man is gregarious and sociable by nature. This inner instinct of human
beings urged them to form society. As the Greek thinkers expressed man is a political animal.
This trait inspired them to form government. At present no society can exist without a
government. A study of the governments at present is essential and interesting. A
comparative study of important political institutions of different countries would enable the
citizen of a nation to assess the performance of the political institutions of his own nation. An
attempt is made in this book to make a simple comparative study of certain selected
constitutions.
Significance of the study
Every study has some objectives. The benefits of a study make it significant. A study of
modern governments is significant due to its utility.
1. A study of modern governments enables the students to understand the political
system of different nations. The students understand their own political system.
2. The proper understanding of one's own political system is essential to provide
citizenship training. In this manner a study of modern governments helps in training
the citizens.
3. It enables the students to make a proper assessment of the political institutions of
his country by comparing with others.
4. Democracy can succeed only when the people enjoy their rights fully. To enjoy the
rights they should know what they are. Those who study the constitutions can
understand the rights provided to the people. They can also be alert against any
encroachment on them.
5. Every adult citizen is a voter in a democratic country. It is the duty of every voter
to exercise his franchise rightly. A study of modern governments helps the voters
make a right choice. It makes the voters politically matured.
6. The study is essential not only to ordinary citizens. It is essential to the leaders too.
In a democracy, no educational qualification is prescribed to contest in elections.
Hence, many persons without an academic knowledge of political institutions may be
2
, CLC/AM/R/05
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
elected to the legislatures. It is even proposed to organise orientation course for
political leaders.
7. A study of modern governments would enable the political leaders to acquire
academic knowledge of political institutions.
Relationship with subjects
The study of modern governments is very much related to History. It is said that past politics
is present history and present politics is future history. History and politics are very closely
related. History mainly deals with the political events of different nations. Political leaders
can learn many things from history. Thus, a study of modern governments is very essential
for students of history. The economic system of a nation is decided by the political leaders.
Hence the study is essential for the students of Economics. Laws are enacted by the
governments. It is essential for the students of Law to understand about the types of different
governments to understand law properly. In the study of modern governments we shall come
across certain technical terms. We shall see them first.
State
The word 'state' is used in two senses. In the broader sense it denotes a nation of the present
day. It has four elements namely the people, territories, government and sovereignty. In the
narrow sense it denotes the member of a federation. India is a state in the first sense. The
U.K, France, the U.S.A. and the U.S.S.R. are some of the examples. In the second sense,
Tamilnadu is a state in the Indian federation. NewJersy is a state in the federation of the
U.S.A. Ordinary men may fail to understand the difference between the two senses in which
the word is used. But those who study about governments and constitutions should
understand the difference.
Government
Government is the instrument through which the state functions. It has three branches namely
the legislature, the executive and the judiciary. Normally any government has three kinds of
functions namely legislative functions, executive functions and judicial functions. The
government's legislative branch legislates laws. The executive branch executes them. The
judiciary guards the people and the laws. It punishes those who break the laws and maintains
justice. Generally the terms state and government are used interchangeably. But they are not
to be used so. The government is an element of the state. We see the state in action through
the government.
3
, CLC/AM/R/05
The Central Law College
MODERN GOVERNMENTS (FA2A) LECTURE NOTES
PREPARED BY Ms. NEERAJA AND Mr. ADIL AHAMED
Constitution
The legislative, executive and judicial functions of a government are to be performed by its
organs. These organs are to organised according to certain rules and principles. The powers
and functions of these organs are to be clearly defined. The people should understand the
basic political principles of the state in which they live. The constitution serves this purpose.
The constitution may be defined as the collection of the basic principles and rules of a state.
There are different types of constitutions about which details are given in the later chapters.
Sovereignty
Sovereignty is an important word in political science and history. It denotes the ultimate
political authority of a state. It is unchallengeable and unquestionable. In ancient times the
sovereign power was with the king or queen. In modern democracies it is said to be with the
people. Without sovereignty there can be no state. It is said to be the blood of a state. It is of
two kinds, namely internal sovereignty and external Sovereignty. If a state is able to establish
its political authority within its boundaries over its own people, it is called internal
Sovereignty. If a state is recognised by other states as an independent state, it is called
external sovereignty. India is a sovereign state today. But it was not so before 1947.
Legislature
The legislature is the branch which legislates laws needed for the society. The members of
the legislature are called legislators. The first legislature originated in England. It is called
Parliament. In the U.S.A. it is known as Congress. Thus it has different names in different
countries. Its members are either directly or indirectly elected. There is the system of
nominating them in some of the countries. Legislating laws is the main function of the
legislature. However, it performs other functions also.
Executive
The legislated laws are to be executed. If they are not executed there is no use of them. The
executive branch of the government is responsible for their proper execution. The form of the
executive differs from country to country. In some states they are directly elected whereas
they are indirectly elected in some of the states. The executive's main function is execution of
laws. However, the executive branch also performs different functions.
Judiciary
Laws are legislated and executed. There are possibilities of breach of laws and injustice.
Those who break laws are to be punished to maintain justice. Like other branches it also
4
