Jai Narian vyas university

Jodhpur
Faculty of law

Session=2018-2019
Subject=POLITICAL SCIENCE MAJOR
Topic=POLITICAL OBLIGATION

Submitted by= submitted to=

Dilip kumar jani DR. P.S. BHATI SIR

Ba llb 3rdsem.
 Acknowledgment
I have taken lots of efforts in this assignment. However it
would not have been possible without the kind support of MR.
DR. P.S. BHATI SIR. I would like to express my sincere
thanks to him.
I m highly indebted to jai Narayan vyas university for this
guidance and constant supervision as well as for providing
necessary information regarding this assignment.
I would like to express my gratitude towards my family and
friends for their kind cooperation and encouragement which
helped me in completing my assingnment.
My thanks also goes to those people who directly or indirectly
helped me in completing my project report.
Introduction
• The problem of political obligation is one of the prominent issues of
political philosophy.
• It is very important concept in contemporary world which deals with
the duty of the individual towards the State. The stability of state is
totally depends upon, when, why & how does the individual obey the
law given by state authority?
• It is related to moral affair. Individual has to perform various types
of duties such as payment of taxes, participating in voting, judicial &
military service which are necessary for maintenance of political
institution in the country.

Obligation :
The term “Obligation” originates from a Latin word ‘obligate’
which means the performance of duty (liability/ duties/responsibility).
It is an act which binds a person to some performance.
It is the binding power of duty, promise or contract.
An individual has to follow rules of behavior in society for his own
good & for the good of others.
The State was established to meet the need of the individual &
society. The proper functioning of the State depends upon a well
organized system of duties.
• All these duties are covered under the category of Political
Obligation. These duties are regarded as part of the individuals
political obligation.
• There are two words in political obligation (Political + Obligation).

Political :
The word “political” deals with policy & the administration of the
Government. It includes the entire political system of the country.
In fundamental law, the people first establish the framework of
their political system then they establish the limitation & boundaries
of power.
Meaning of Political obligation
• It implies that as man is a political animals. He is bound to live
under some authority & as such ,it becomes his obligation to obey its
commend this duty to obey the state is called Political Obligation.
Definition
• T.H.Green:
“It is intended to include the obligation of the subject towards the
sovereign, the obligation of the citizen towards the state, & the
obligation of the individual to each other as enforced by a political
superior”.

Grounds or Basis of political obligation

Respect for might of State:-

Some citizens obey laws only because they have wholesome respect
for the might of the same, which they are aware of or forced to realize
they cannot challenges successfully.
Rationality and Usefulness of Laws:-
People will readily obey laws, if they are found to be rational and
useful. Law is only a means to an end and not an end in itself. People
will gladly obey laws. If they prove themselves to be useful
instrument of human welfare.

Nature
• Every man lives in a state to which he belongs. He or she has to
accept the commend of men in authority.
• If there is no acceptance, there can be no order & no life.
• People can not live well without accepting the commend of the
political authority.
• Those who disobey the law are punished according to the law.
• The people not only obey the law but also scrutinize those order.
Fear of Punishment:-
Some citizens consider that obedience is an unpleasant and painful
duty. They obey laws because they wish to avoid punishment with its
evil effects. Minority who violate the state laws, shall be punished by
the state, when the claim of authority is acknowledged due to a fear of
dislike of the consequences that could be imposed by the coercive
power of the authority.
Matter of Habit and Tradition:-
In a family in which much importance is given to disciplined conduct,
it becomes a habit of all members to be good, courteous and helpful
so also in a well ordered state, it is a habit among its citizens to be
peace-loving and law-abiding.
Need of State: -
Most of the citizens are aware that the state has a purpose.It protects
from external aggression and internal disorder. It regulates the
conduct of the people. It also protects the rights of the people. It looks
after the needs of the people.lt undertakes several social welfare
activities. In their own interest, they should cooperate with it and obey
its laws and orders.

Fear of Disorder and Anarchy:-

Without the cooperation of citizens, the state cannot control the
society due to its weakness. Then disorder and anarchy shall prevail
in the society. The fear that if disorder and anarchy erupt, their lives
and property might be in great danger makes citizens law-abiding.
Human beings, who desire to have peace and order can never imagine
living in a lawless society.
Religion:-
All religions preach the moral values, moral laws and moral conduct
of the people. Religion increases the moral value of man as spirit.
Ethical religion is made up of laws which bind men all over the
world. People believed the kjng was the representative of the God.
Religion preaches to obey the higher authority. The justification of
state's authority was sought on moral grounds. The religious factor is
also responsible for obedience.
Legitimacy of Laws:-
A law is obeyed whole by citizens, if its source is legitimate. This
means that the government which makes law should be constitutional
and legal. People will revolt against the laws made by a tyrant who
has absolute power.
The simple & obvious answer to the question why does the citizen
have the duty to obey the laws of the state is that the citizen is obliged
to obey the laws of the state because it has sovereign authority.

The authoritative state has the right to issue orders as well as the right
to recipience and citizen are obliged to obey the order. The reason for
obedience may be due to fear of consequence or a general consent.
The states' jurisdiction is of the universality and compulsory
character. We can either accept or reject the membership and
admission of voluntary associations but not of the state

Strong and Stable Government:-

The Government should be Strong and Stable and it should be able to
force any challenges to its authority in the internal & external fields.
Weak Government could not control the people effectively. A strong
government could protect the people, uphold their rights and promote
their general happiness and welfare.

Limitation of Political Obligation

Public Opinion:-
People should have faith in the government's policies and its ability to
realize the targets fixed by it. The law passed by the Government
should represent will of the people. It should be responsive to public
opinion and responsible to the legislators. If the laws passed by the
state are against the people, they express their displeasure by
agitations and some time revolt against government & the political
obligation will be damaged.

Unjust Laws:-
Sometimes, Governments pass unjust laws with their brute majority in
the legislature under the pressure of some interested groups. Though
people have to obey the laws whether they are good or bad. People
revolt against bad laws by their nature. Under the unbearable
circumstances created by injustice and bad laws, people disobey such
laws.
Discriminative Laws:-
The state has to treat all alike and should follow the policy of
equality. If the government favors a section of people and makes laws
for their interest, the people revolt against such Government.
Discriminatory policies of the state, acts as limitation against political
obligation.

Minorities:-
Minorities should feel a sense of security. In every state, there shall be
certain minorities. Minorities should be provided with facilities to
keep their culture alive. The Constitution and the laws uphold the
rights of all and do not show any negligence towards the minorities.
The minorities in India like Muslims & Hindus in Pakistan vote
against the party in power when they feel that the party in power
neglected them. Discrimination against minority becomes a limitation
over the political obligation.

Needs of dynamic society:-

The Government should pass law, which clearly meet the needs of a
dynamic society. People should feel laws that they need such law &
therefore obeying them would be in their own interest. Laws should
be rational
Violation of Fundamental Right:-
Fundamental rights are the soul of democracy. People feel that their
rights should be protected. Rights and duties are two sides of the same
coin. If the government neglects their rights, people revolt against
such Government.
Privileges & immunities:-
Government, in the interest of public, grants some privileges to s
section of public. If such privileges and immunities exceeds beyond
some extent, the general public will notice with them unpleasure and
it may become hindrance in political obligation.

Theories of Political Obligation

Divine Right Theory:
It advocates that the State was created by God and governed by His
deputy. He (God) sent His deputy to rule over them. The ruler was a
divinely appointed by God & he was a agent of God and he was
responsible for his actions to God alone. As the ruler was the deputy
of God, obedience to him was held to be a religious duty and
resistance a sin.
■ Nobody could limit his will and restrict his power.
■ His word was law and his actions were always just and benevolent.
■ To complain against the authority of the ruler and to characterize
his actions as unjust was a sin for which there was divine punishment.
It was believed that the obedience to the king amounted to loyalty to
God. Because the ruler is a representative of God on earth. He should
be obey totally without any questioning his action or authority.
• All the religion believed that God had instituted Government
because people needed it
Consent Theory

• The divine theory was replaced by the consent theory.

• It says that the authority of the State is based on consent of the
people. sanction of political obligation is in the will of the people
• People has made a contract with a person or body of person, under
which that person or body receives authority in return for the
protection & service of declaring & enforcing a system of legal rules.
• Thomas Hobbes, John Locke & J.J.Rousseau are chief exponent of
this theory
Prescriptive/Traditional/
Conservative theory
• Political authority is based on principle of established “ customary
right” .
• Jean Bodin says that as the authority of the patriarch is based on the
fact of historical prescription, so the authority of the king (Head of the
State) finds its source in the fact f long possession.
• The people obey customs. The people obey the rules because the
fact of obedience has become like a well established convention.
• All authority is legitimate, if it is sanctioned by custom.

Idealistic Theory
• Man as a political & rational creature & state as a self sufficing
community.
• It finds the source of political obligation in the ‘moral nature’ of
man & th
Marxian Theory
• Working class suppressed.
• State works for the interest of exploiting capitalist class.
• The oppressed & exploited masses have no obligation to the existing
bourgeois political order.
• They must unite to over throw such type of political system. They
must revolt against oppressive methods adopted by the Capitalist
Government.
They should not obey the laws made by bourgeois institution, in the
capitalist society.
• The working class should destroy the capitalist state by
revolutionary means & instead create a ‘new state’ in the form of the
‘dictatorship of the proletariat’.
• Such a state must be obeyed as the working class makes law.
• The state is now an institution of the whole people.
• In this state political obligation shall be converted into social
obligation.
 BIBLIOGRAPHY
1 L.S. RATHORE – POLITICAL THEORY AND ORGANISATION

2 WWW.WIKIPIDIA.ORG
3 A.C. KAPUR – PRINCIPLE OF POLITICAL SCIENCE(S. CHAND
AND CO. DELHI)

4 WWW.LEGALBITES.COM

5 NCERT – POLITICAL SCIENCE