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Q No# 1

Introduction to political science?


Answer:
Introduction:
Political science is an academic discipline that deals
with the study of government and political processes,
institutions, and behaviors.
The word “political”has been derived from the Greek word
“polis” , a city state. In the ancient Greek civilization, a citizen
was the member of the small and distinct socio-political order.
Political science focuses on the theory and practice of
government and politics at the local, state, national, and
international levels. Political science studies governments in all
their forms and aspects, both theoretical and practical. Once a
branch of philosophy, nowadays political science is typically
considered a social science.
In ancient Greece, polis or the city state was the most popular
and general form of political organization. Every polis or city-
state had its own form of government, administration,
management e t c and all these did not depend upon the size of
the polis or city-state. Thus politics means the political affairs or
administration of polis. Thus politics is understood to denote
something about polis or city-state.
Definition:
(a) According to Dr. Glichrist:
“The science of politics deals with state and
government both.”

(B) According to French theorist Paul Janet:


“Political science is the part of social science which
treats the foundation of the state and the principal of the
government.”

Q No# 2
What is the scope of political science?
Ans:-
The scope of political science implies its jurisdiction or
subject matter. Political science is very wide and
comprehensive. We make an attempt to define the scope of
political science which includes the following:-

1. Study of the state and government:-


Political science primary study the problem of
the state and government. The state is defined as the group of
people organized for law with indefinite territory. The state
possesses characteristics, VIZ population,territory,government
and sovereignty. Government is an agent of the state. Political
science studies the activities of the state and explains the state
and government.

2. Study of the political theory:-


Political theory is the major branch of political science on
the bases of the political ideas, political theory formulates
definitions or concepts like democracy, liberty, equality etc. It
also includes the study of political philosophy.

3. Study of political institution:-


The field of political science is very vast. It includes the
study of political institutions. This covers a study of constitution
and comparative government, which explains their merits and
demerits. These institutions are useful to the nation and hence
they are studied along with the state.

4. Study of political dynamic:-


The study of political dynamics has become significant in
the 20th century. It means work in the government and politics.
It covers a wide range and includes the study of political parties,
public opinion, pressure groups, lobbies etc.
A scientific study of the working of these political dynamics
helps to explain the political behavior of individuals and
different groups.
5. Study of the individual with the state:-
The scope of political science also
includes the study of the nature of relationship between the
individual of the state. It examines how a man should adjust
himself with society. Man is the root of politics. The process of
adjustment of the man with society is an important aspect of
political science.

6. Study of international relations and international law:-


The scope of political science includes the study of
international relations which has been significant in the 20th
century. It covers a wide range and includes diplomacy,
international politics, international law and international
organizations like the United Nations etc.

Q No# 3
Write a note on the importance and utility of
political science?
Answer:
Through the study of political science, we may be able to
evaluate the importance of state and government in respect of
their functions. Therefore, the importance and utility of the
political science can be understand with the help of following
points:-

1.Introduction of values:
The successful working of democratic systems is
conditioned by the presence of democratic culture. Divergent
point of views regarding the goals and policies of the political
system are allowed to exist in a free society. Values play an
important role in a society, how the people live, including the
opinions of the public about state and government.
2. Fundamental Rights:
Fundamental rights of citizens have gained much
importance in the modern age. The lack of political
consciousness among the citizens creates hurdles in effective
enforcement of fundamental rights. Awareness about
right,obligatory on the part of citizens of the state.
On the other hand, it is the duty of the state to safeguard the
fundamental rights of its people.
3. Improvement in political behavior:
Through the study of political science, the citizens are
educated to demarcate clearly the boundaries between legal
means and unconstitutional means which can avoid violence.
A clear perception of right and wrong can definitely contribute
to some extent in the improvement of political behavior.
4. Political Training:
Performing government functions is not an easy job. In
modern complex societies, political science educates the voters,
makes them sense-able enough to perceive their responsibilities
and holds the political office bears accountable to the people.
5. Success of Democracy:
Political science has gained much importance in a
democratic age. According to the democratic norms, no person
or any group thereof can claim political power on hereditary
basis. This is the will of people that stands paramount in a free
society obviously, it is not possible for a common man to have a
correct appraisal of political issues without the knowledge of
political science.
6. Adjustments of legalities:
Multi groups and associations flourish in modern
societies to satisfy divergent wants of their members. Citizens
are general members of such various associations and political
parties with divergent interests and conflicting loyalties.
Political science aims at the creation of supportive political
values in a society.
7. Promotion of knowledge:
Political science is social science. Political science
analyses all political issues in a wider context utilizing the
research and techniques. This is a deep study of political science
that broadens the understanding of its students and enriches their
knowledge.
8. Political consciousness:
With the help of political science a citizen is able to have
knowledge about government affairs. He can exercise the right
to vote in a good manner, only if he has full perception of the
function of the government judgment given by the voters
through casting the vote to decide the fate of political parties
who present their programs during election campaigns. It is
imperative for citizens to be politically conscious and vigilant.

Q No# 4
Define state and its essential element?
Answer:
State:
The modern term state is derived from the word status. The
state is the natural institution. Study of political science is the
study of the state and government. It is the knowledge about
state and its principals. The study of the state is also related to
men and groups, men and groups to the state and state to other
states.
Aristotle said:
Man is a social animal who is dependent on others for the
satisfaction of his wants. The state is the highest form of human
association.

Definition of the state:


According to Bluntschli:
State as the politically-organized people of a definite
territory.
According to Woodrow Wilson:
State is a people organized for law within a definite
territory.
According to John -W Burgess:
State is a particular portion of life mankind views as an
organized unit.

. Above said definitions draw attention to the fact that the state
has four essential elements:-
1. Population
2.Territory
3.Government
4.Sovereignty

Essential element of state:


1. Population:
The state is a human institution so population is its primary
element. There is no hard and fast rule about population.
The ancient Greek writers like Plato and Aristotle favored a
small population. It must be remembered that both of them were
thinking in terms of small city states.
The modern tendency is in favor of large states.
All that can be said, a large population is an advantage from
the point of view of military defense. However, a large
population can be a liability if the resources of the state are not
sufficient for its maintenance. One of the main problems faced
by developing countries is overpopulation. Thus, there should be
a happy balance between the size of the population and material
wealth of a state.
2. Territory:
Territory is also an essential element of state. Land, water, air
space comprise the territory of a state.
As in population, so in territory no limit can be laid down.
Small states and large ones exist side by side. We have tiny
states like SanMarino. On the other hand, these are giant states
like Russia, China, USA, and Australia with millions of square
miles. However, the truth is that a small state is at a
disadvantage in its relation with large ones.
Small states are under the influence of one or the other large
states which are strong in defense. Because of availability of
resources they are economically self -sufficient.

3. Government:
Government is the political organization of the state. It is a
visible instrument of state power. Without a government there
would be lawlessness and anarchy and ultimately the state
would be dissolved.
Government consists of three organs mainly the legislature,
executive and judiciary. The legislature makes laws, the
executive enforces laws while the judiciary adjudicates cases or
disputes.
There are different kinds of government in different states
such as monarchy, democracy and dictatorship. Most developed
states are democracies including Pakistan and India. Whatever
may be the form of government, one thing is clear: there can be
no state without government.
4. Sovereignty:
The most important element of the state is its sovereignty. It
is the element which differs the states from all other
associations.
Sovereignty has two aspect:
(i) Internal aspect
(ii) External aspect
Internally viewed the states have supreme power over all
individuals and associations within its fixed area.
Externally viewed, the state is free from control of any foreign
state. Before independence, Pakistan was not a state as it was
ruled by the British.
Q No# 5
Write a note on state government and differentiate?
Answer:

Government:
Government is the political organization of the state. It is
a visible instrument of state power. Without a government there
would be lawlessness and anarchy and ultimately the state
would be dissolved.
Government consists of three organs mainly the legislature,
executive and judiciary. The legislature makes laws, the
executive enforces laws while the judiciary adjudicates cases or
disputes.
State:
The modern term state is derived from the word status. The state
is the natural institution. Study of political science is the study of
the state and government. It is the knowledge about state and its
principals. The study of the state is also related to men and
groups, men and groups to the state and state to other states.

Aristotle said:
Man is a social animal who is dependent on others for the
satisfaction of his wants. The state is the highest form of human
association.

Differentiate between state and government:


There are following differences between state and
government:
1. Difference of institution:
State is a natural institution whereby government is a
political institution.
2. Difference of sovereignty:
A state is a geographic entity and independent from other
states. Government is the political administration of a state.
3. Physical entity:
The government controls the state. Governments change
according to the will of the people while the state remains, no
matter who runs it.
4. Difference of enforcement of law:
A state is a geographic entity that enjoys sovereignty while a
government is an organization that creates, defines and enforces
the law of state.
5. Difference of element:
A government is given legislature, executive and judicial
power to administer the state while the state must have land and
sovereignty.
6. Difference of territory:
A state is the territory while a government is the entity that
administers or manages the territory.
7. Difference of membership:
All individuals residing within territorial jurisdiction, are the
members (citizen) of the state, while the government consists of
a few political office bearers.
8. Difference of physical structures:
Government comes and goes regularly after every general
election, the government changes whereby the state is
permanent.

Q No# 6

Write a note on state and society and differentiate?


Answer:
Society:
A society is basically a collection or group of people who are
held together by the internal relationships among themselves in
order to achieve common goals.
The common goals may be happiness, progress or any other
well-being of all individuals included in society. The strength of
the society depends upon its cultures and traditions. All kinds of
social behavior and conduct of all individuals are regulated by
common customs.
In a society obedience has to be expected of their
individuals through the power of customs, traditions and
moralities. Instead of through coercion society does not have
any geographical territory. Society is an absolutely voluntary
unit. No one is a part of it if they don’t want to be a part of it.

Difference between state and society:


i. Difference of territory:
A state has territory while a society does not have territory.
ii. Difference of membership:
A state is a natural institution whereby society is a
voluntary collection of people.
iii. Difference of laws:
Society demands obedience through their customs,
traditions and moralities while the state demands obedience
through laws of state.
iv. Difference of punishment:
State possesses the power of coercion. Dis-obedience to its
laws followed by punishment. On the other hand, the society has
no power of coercion as well as dis-obedience to its rule may not
be followed by any physical punishment.
v. Difference of existence:
Society is rooted in human nature. Society prior to the state.
State came into being after the birth of society.
vi. Difference of elements:
State acts through government which is its essential
element. Government is also the agent of the state. It exercises
sovereignty of state. Society has no agent or agency. It functions
naturally based on customs, traditions and moralities of
individuals.
vii. Difference of system:
Society has a social system whereas, state has a political
system.
viii. Difference on entity:
Society is permanent whereas, a state is temporary as when
a state is occupied by another state.

Q No# 7
Write a note on state and associations and differentiate?
Answer:
Association:
An organization deliberately formed for the collective
per-suit of some interests are groups of interest in common
which the members of its share are termed as an
association. It is an organized group of persons per-suing
through some cooperative action. Associations are groups
in which membership is in non-sense obligatory generally it
is voluntary. So these units are often called voluntary
associations.
At many times they have a constitution, methods of
procedures, rules and regulations for running the
association. Associations do not spring up like society but
formed to fulfill certain purposes.
We also belong to associations only by virtue of
some specific interest that we have.
Example no # 1:
For example, we belong to a cricket club for the purpose
of physical recreation or games. Thus, an individual may
belong to many associations for his different interests.
Example no # 2:
Associations are deliberately formed groups such as
political parties, trade unions and student unions.
For example, a college is an institution and association.
As an institution of learning, It comprises the admission
process, registration, lecture system, examination etc. But
when we look at the college from the point of view of an
organized group of teachers or students or clerical staff, it
represents different associations.

Difference between state and association:


Some of the main differences between state and
association are as follows:
i) Difference of sovereignty:
Association is a non-sovereign organization of
people. An association has no power to get its orders
obeyed. On the other hand, states possess sovereignty. It
can use force for securing the people to its laws and
policies. Anyone refusing to do so is punished by the state.
ii) Difference of objectives:
The state has wider objectives while an association has
limited objectives.
iii) Difference of membership:
Citizenship/membership of the state is compulsory.
Both membership of an association is voluntary.
iv) Difference of taxes:
A state can impose taxes to run its administration. On
the other hand, an association can collect only membership
fees or voluntary contributions.
v) Difference of territory:
Territory is an essential element of every state.
Moreover, an association is voluntarily organized
non-sovereign organizations which always remain and
work under the laws of the state.
vi) Difference of entity:
Within a definite territory only one state can live. On
the other hand a large number of associations can work
within the territory of a state.
vii) Difference of existence:
The state is the national community of its people while
associations can be local, regional, national or international.
viii) Difference of status:
The state is permanent whereas associations are
temporary because associations always come and go.
ix) Difference of laws:
The state is superior to all associations. Due to its
sovereignty, associations always function under the laws of
state. The state can regulate and control the functioning of
associations existing in its territory. Every association
always exists and works on the bases of the laws of the
state.
Q No# 8
Explain the end and functions of the state?
Ans:
State:
The modern term state is derived from the word status.
The state is the natural institution. Study of political science
is the study of the state and government. It is the
knowledge about state and its principals. The study of the
state is also related to men and groups, men and groups to
the state and state to other states.
Aristotle said:
Man is a social animal who is dependent on others
for the satisfaction of his wants. The state is the highest
form of human association.
End and functions of the state:
A state is a form of political association, and political
association is itself only one form of human association.
Other associations range from clubs to business enterprises
to churches. Human beings relate to one another, however,
not only in association but also in other collective
arrangements, such as families, neighborhood, cities,
religions, cultures, societies, and nations. The state is not
only a form of political association. Other examples of
political association include township, counties, provinces,
condominiums, territories, confederation, international
organizations (Such as UN) and supranational
organizations (Such as the EU). To define the state is to
account for the kind of political association it is, and to
describe its relation to other forms of human associations,
and other kinds of human collectivity more generally. The
functions and end of the state are correlated which can be
better explained with reference to the views of different
schools of thoughts. In fact, the issue holds a key position
in the ancient as well as in the modern political thoughts, as
most of the political issues and the premises are related to
it.
According to Cicero:
“State is the numerous society united by a
conmen science of right and mutual participate in
advantage”
According to Lipson:
“State is the group of human being organized
in a special way to score certain results”

“Elements of the state”


The different interpretation regarding defining state shows
state is composed of four essential attributes.
i) Population:
(Physical basis of the state)
The state is a human institution so population
is its primary element. There is no hard and fast rule about
population.
The ancient Greek writers like Plato and Aristotle favored a
small population. It must be remembered that both of them
were thinking in terms of small city states.
The modern tendency is in favor of large states.
All that can be said, a large population is an advantage
from the point of view of military defense. However, a
large population can be a liability if the resources of the
state are not sufficient for its maintenance. One of the main
problems faced by developing countries is overpopulation.
Thus, there should be a happy balance between the size of
the population and material wealth of a state.
ii) Territory:
(Physical basis of the state)
Territory is also an essential element of state. Land,
water, air space comprise the territory of a state.
As in population, so in territory no limit can be laid down.
Small states and large ones exist side by side. We have tiny
states like San-Marino. On the other hand, these are giant
states like Russia, China, USA, and Australia with millions
of square miles. However, the truth is that a small state is at
a disadvantage in its relation with large ones.
Small states are under the influence of one or the other
large states which are strong in defense. Because of
availability of resources they are economically self
-sufficient.
iii) Government:
(Political or spiritual basis of the state)
Government is the political organization of the state. It
is a visible instrument of state power. Without a
government there would be lawlessness and anarchy and
ultimately the state would be dissolved.
Government consists of three organs mainly the
legislature, executive and judiciary. The legislature makes
laws, the executive enforces laws while the judiciary
adjudicates cases or disputes.
There are different kinds of government in different
states such as monarchy, democracy and dictatorship. Most
developed states are democracies including Pakistan and
India. Whatever may be the form of government, one thing
is clear: there can be no state without government.
iv) Sovereignty:
(Political or spiritual basis of the state)
The most important element of the state is its
sovereignty. It is the element which differs the states from
all other associations.
Sovereignty has two aspect:
(i) Internal aspect
(ii) External aspect

Internally viewed the states have supreme power over all


individuals and associations within its fixed area.

Externally viewed, the state is free from control of any


foreign state. Before independence, Pakistan was not a state
as it was ruled by the British.

Q No# 9
Write a note on a divergent view of the state?
Ans:
Divergent view:
The early Greek political philosopher Plato and Aristotle
considered “that state is bound by an ethical end. It does not
come into existence.” The religious scholar also laid stress on
the moral purpose of the state. Democratic ideals the people
began to release about the importance of the state as guidance
of the right consequences. There are following divergent views
about state:
1.Idealism view
2.Utilitarian view
3.Individualism view

Idealism view:
Plato and Aristotle have been great supporters of the
idealism view. The theory was explained in a better way by the
German philosopher of the 18th and 19th century.
Meaning of idealism theory of state:
The basic principle of the theory is that the state is an end
and the individual is a means. According to Hegel, the individual
can perfect himself only in the state. The supporters of this
theory also believe that the state is a person and has a will of its
own. This will is the real one and represents the will of all, so
the individual must always obey the laws of the state because
they represent the will of the state. The supporters also say that
the state is a reality and individuals are something temporary.
Some idolists have gone to the extent of idolizing.
Hegel says that the state is the march of god on earth and
the people should worship it. This is the reason the state must
always be obeyed.
Disadvantage of idealism view of the state:
i) Abstract theory:
It is an abstract theory because the state does not have
existence is reality.
ii) Danger to rights and freedom:
The argument of its supporters that the state is everything
and individual is nothing is false and presents a great danger to
the individual rights and freedom.
iii) Based on wrong conception:
Its supporters also consider the state to be sovereign and
that there is no check and balance on the authority of the state.
In today’s world the will of the state is the will of the
ruling class and not of the people.
iv) No rights to individuals:
This theory doesn’t grant any right to the individual. The
people have only one right and that is to obey the state. For this
reason this theory is dangerous because there is no value to the
people. In other words, people are sacrificed for the interests of
the ruling class.

2. Utilitarian view:
The main supporters of the utilitarian view are Bantham,
Austian and James Mil. According to this theory the state and
its institution are to be valued with reference to its utility.
The utilitarian supporters introduce criteria for the
measurement of the utility of laws, termed as pain and
pleasure. Their arguments are some-what as follow:
i) Pleasure or happiness:
Utilitarian gets its name from the term “utility” which in the
context does not mean “useful” but rather means pleasure or
happiness. Every individual in the society can seek pleasure and
avoid pain. The state therefore should enforce only such laws as
can insure happiness in a society.
According to Adam Smith:
State should reform only by following three functions:
i) Protection against external aggression
ii)Enforcement of justice
iii)For ensuring equity and fair play
ii)Right and wrong actions:
This principle is controversial. Utilitarianism credits their
stress on the welfare of the individuals and the promotion of
public liberties. Its supporters say that the morality of an action
is decided by its consciousness. For example saving two lives in
better than saving life.
iii) Happiness counts equally:
Pain and pleasure signifies a mental attitude which can’t be
measured in material terms. A matter painful for one man may
be a source of satisfaction or pleasure for others.
In short, this concept gives priority to individual well being
over the welfare of the society as a whole.

Individualism view:
(Laissez faire)
1. Introduction:
The 18th century was characterized as a period of swift
economic changes, especially in Europe. There was an increase
in the wealth of an industrial class, whereas general conditions
of the wage earners remained miserable.
2. Basic principles:
The exponents of individualism attached much sanctity to
individual person while under-rating the role of state, as they
wanted a strict sphere of its action.
a) State as a negative institution:
They regard the state as a negative institution which takes
away the liberties of individuals and is incapable of performing
welfare functions.
b) Function of the state:
The only function of the state from this point of view has
been confined to the maintenance of law and order in addition
to the defense against foreign aggression.
3. Justification:
The policy of non interference (Laissez Faire) was justified
on ethical, biological, economic and political grounds.
Q No# 10
Write a note on the concept and real purpose of the welfare
state?
Ans:
Concept and real purpose of welfare state:
A welfare state holds responsibility for the protection of rights
and the benefits for the messes. In a welfare state, individuals,
groups, political parties and societies etc are given preference
under the law. In short, a welfare state is a state in which poor
people are as protected as rich. In the welfare state, the genuine
demands of the people are heard. A welfare state takes care of
its people as guardians in a motherly manner. It is also
noticeable that people in a welfare state are aware of their
fundamental rights as well as duties.
The real purpose of the state stands in between the two
aforesaid concepts. Gone are the days when the state was
considered to be an invader of public liberties; a modern state,
on the other hand, provides facilities necessary for better
standards of life. With the extension in the goals and purposes of
state, there has been tremendous increase in the functions in
various directions.
There are following functions of welfare state:
1. Provision on facilities:
A state should provide basic facilities to their people.
Basic facilities mean the minimum improvements necessary and
reasonable to enable people to safely use recreational lands. In
the modern industrial age, the state regulates economic activities
so as to ensure the protection of the interests of classes. A
welfare state aims at the betterment of the society by providing
facilities.
2. Transportation and means:
An efficient transportation system plays a pivotal role in
economic development and in improving the tone of
administration. Its strategic importance, in respect of the defense
of a country, can’t be undermined. Frequent and easy contact
among the people, made possible through development in
communication, facilitates the promotion of fraternal feeling and
integrative values in a society.
3. Promotion of health and education:
Importance of education for life is universally recognized.
State is bound to provide educational facilities so as to
indoctrinate civic virtues and inculcate political consciousness in
the people.
Provision of health facilities to its citizens is also an
important function of a welfare state. Modern governments
introduce and publicize precautionary measures for the
elimination of diseases, establish medical centers and administer
medical education. To protect the health of the citizens, local
governments, in particular, arrange suitable sanitary conditions,
ensure the provision of pure food without adulteration and
provide other health facilities.
4. Justice:
Provision of justice is a primary duty of the government, so
as to provide conditions necessary for fair-play and equity. It
also implies that the state should provide equal conditions,
mental and material both, to all alike so that they may develop
their capacities according to their natural dispositions.
5. Equality of people:
Social equality is a state of affairs in which all people within
a specific society or isolated group have the same status in
possibly all respects, possibly including civil rights, freedom of
speech, property rights and equal access to certain social goods
and social services. The major examples of social
inequality include income gap, gender inequality, health
care, and social class. In health care, some individuals receive
better and more professional care compared to others.
6. Economic planning:
In the modern industrial age, the state regulates
economic activities so as to ensure the protection of the interest
of classes. Within the framework of economic planning the
interests of the working classes, especially, are given due
consideration. To curb monopolies and undue profiteering,
proper steps are taken. Economic reforms are introduced aiming
at the betterment of wage-earners and ensuring fair distribution
of wealth in the society.
7. Promotion of democracy:
Democracy promotion, which can also be referred to
as democracy assistance, democracy support,
or democracy building, is a strand of foreign policy adopted by
governments and international organizations that seek to support
the spread of democracy as a political system around the world
In some countries, freedom of political expression, freedom of
speech, freedom of the press, and internet democracy are
considered important to ensure that voters are well informed,
enabling them to vote according to their own interests. Many
democracies are constitutional monarchies, such as the United
Kingdom.
8. Minorities:
Minority, a culturally, ethnically, or racially distinct group
that coexists with but is subordinate to a more dominant group.
As the term is used in the social sciences, this subordinacy is the
chief defining characteristic of a minority group. As such,
minority status does not necessarily correlate to population.
9. Children and women rights:
 
Children's rights includes their right to association with both
parents, human identity as well as the basic needs for physical
protection, food, universal state-paid education, health care, and
criminal laws appropriate for the age and development of
the child, equal protection of the child's civil rights, and
freedom.
Women rights includes the right to live free from violence,
slavery, and discrimination; to be educated; to own property; to
vote; and to earn a fair and equal wage. As the now-famous
saying goes, “women's rights are human rights.” That is to say,
women are entitled to all of these rights.
10. Ethical functions of the state:
In short, the modern state, whether it is based on
Western Liberal Model or Socialistic one, or operates within
Islamic ideology, has an extensive sphere of action. For the
prosperity of family life, it enacts family laws and recognizes
the right to privacy. In the agricultural field, the laws protect the
rights of tenants as well as that of the landowners, providing the
necessary facilities for increasing the agriculture output.
Last but not the least important, are the ethical functions of a
state. State tries to maintain a virtuous life, in the absence of 6 of
which a civilized way of life is not possible. State through its
laws, can bring revolutionary changes in the existing values and
thinking of people. Thus every state makes an effective use of
channels of political socialization and communication, to foster
values in line with the national objectives, state and its laws can
play an effective role in the eradication of social ills and vices.
Development of art and promotion of cultural activities, also
need the protection of laws. In fact, with the extension in the
range of human rights, there has been a parallel extension in the
responsibilities and liabilities of the state.

Q No# 11
Write a note on essential and secondary functions of the
state?
Ans:
State:
The modern term state is derived from the word status. The state
is the natural institution. Study of political science is the study of
the state and government. It is the knowledge about state and its
principals. The study of the state is also related to men and
groups, men and groups to the state and state to other states.
Aristotle said:
Man is a social animal who is dependent on others for the
satisfaction of his wants. The state is the highest form of human
association.

Definition of the state:


According to Bluntschli:
State as the politically-organized people of a definite territory.
According to Woodrow Wilson:
State is a people organized for law within a definite
territory.
According to John-W Burgess:
State is a particular portion of life mankind views as an
organized unit.
Essential function of the state:
1. Justice:
Provision of justice is a primary duty of the government, so
as to provide conditions necessary for fair-play and equity. It
also implies that the state should provide equal conditions,
mental and material both, to all alike so that they may develop
their capacities according to their natural dispositions.
2. Equality of people:
Social equality is a state of affairs in which all people within
a specific society or isolated group have the same status in
possibly all respects, possibly including civil rights, freedom of
speech, property rights and equal access to certain social goods
and social services. The major examples of social
inequality include income gap, gender inequality, health
care, and social class. In health care, some individuals receive
better and more professional care compared to others.
3. Minorities:
Minority, a culturally, ethnically, or racially distinct group
that coexists with but is subordinate to a more dominant group.
As the term is used in the social sciences, this subordinacy is the
chief defining characteristic of a minority group. As such,
minority status does not necessarily correlate to population.
4. Children and women rights:
 
Children's rights includes their right to association with both
parents, human identity as well as the basic needs for physical
protection, food, universal state-paid education, health care, and
criminal laws appropriate for the age and development of
the child, equal protection of the child's civil rights, and
freedom.
Women rights includes the right to live free from violence,
slavery, and discrimination; to be educated; to own property; to
vote; and to earn a fair and equal wage. As the now-famous
saying goes, “women's rights are human rights.” That is to say,
women are entitled to all of these rights.
Secondary functions of the state:
1. Provision on facilities:
A state should provide basic facilities to their people.
Basic facilities mean the minimum improvements necessary and
reasonable to enable people to safely use recreational lands. In
the modern industrial age, the state regulates economic activities
so as to ensure the protection of the interests of classes. A
welfare state aims at the betterment of the society by providing
facilities.
2. Transportation and means:
An efficient transportation system plays a pivotal role in
economic development and in improving the tone of
administration. Its strategic importance, in respect of the defense
of a country, can’t be undermined. Frequent and easy contact
among the people, made possible through development in
communication, facilitates the promotion of fraternal feeling and
integrative values in a society.
3. Promotion of health and education:
Importance of education for life is universally recognized.
State is bound to provide educational facilities so as to
indoctrinate civic virtues and inculcate political consciousness in
the people.
Provision of health facilities to its citizens is also an
important function of a welfare state. Modern governments
introduce and publicize precautionary measures for the
elimination of diseases, establish medical centers and administer
medical education. To protect the health of the citizens, local
governments, in particular, arrange suitable sanitary conditions,
ensure the provision of pure food without adulteration and
provide other health facilities.
4. Economic planning:
In the modern industrial age, the state regulates
economic activities so as to ensure the protection of the interest
of classes. Within the framework of economic planning the
interests of the working classes, especially, are given due
consideration. To curb monopolies and undue profiteering,
proper steps are taken. Economic reforms are introduced aiming
at the betterment of wage-earners and ensuring fair distribution
of wealth in the society.
Q No# 12
Write a note on Islamic concept of the welfare state?
Ans:
Islamic concept of the state:
An Islamic State, being an institution of Islamic ideology,
is bound to bring far-reaching and multi-dimensional changes in
human society. State has been regarded as the most effective
vehicle of change. Islam aims at the establishment of a just and
stable political order as well as that of a righteous society based
on fair-play and justice. The whole life is regarded as a
corporate whole whose every aspect is channelized under a
revolutionary and comprehensive program.
For the enforcement of justice, Islam believes neither in
uncontrolled economic pattern, as portrayed by Capitalism, nor
bears an affinity with its Socialistic solution in which the whole
life of individual is rendered into excessive legal restraints.
Islam, on .the other hand, adopts its modes to channelized
collective efforts for the betterment of the whole society.      
 
(i) One aspect of this program includes the enforcement of the
welfare system through the state machinery. The Holy Prophet
(PBUH) is reported to have said: "Islam and governments are
twin. None of the two can remain isolated. Islam is like a
building while government is its guardian. A building without
foundation demolished and a person is robbed off who has no
guardian".

(ii) The second method for the creation of a welfare society,


concentrates on fostering fraternal feelings, love, brotherhood,
charity, etc.  Harnessing individual action with the mechanical
action of state, in a balanced form, has become the most intricate
problem in the modern age. Western civilization introduced two
diametrically opposed concepts in this respect, as explained
above.

 Balanced View:
                         Islam adopts the most balanced path in this
direction. Political and social aspect of liberty, as upheld by
Western liberalism, and the Socialistic myth of equality, can be
found in a balanced form in Islam, i.e., Islam has maintained
suitable balance between liberty and equality.

Sphere of Islamic State:


An Islamic state, in the contemporary world, is bound to
introduce multi-dimensional changes, hence it has an extensive
sphere of its legal action mixed type of economy, a combination
of public and private sector, finds its due place in Islamic
economic structure. States can, however, collectivize the means
of production on which private ownership is harmful to the
collective interest of the society but it should not be adopted as a
matter of policy, as done by the Socialist states, irrespective of
the actual needs.
During the period of the pious Caliphs, certain means of
production remained, of course, under the state control. Hazrat
Umar Farooq (R.A.), declared the newly-conquered lands of
Syria and Iraq as 'Kharaj lands' and these were left in the
hands of the non-Muslim tillers of the soil. He took away the
personal property of the royal family of Iraq and put it under the
ownership of the state. Hazrat Umar Bin Abdul Aziz (R.A.),
an Ummayad Caliph, took away the whole of the ill- gotten
wealth of the ruling family and deposited it in the state treasury.
An Islamic State is authorized to adopt all modern techniques
necessary to ensure fair distribution of wealth in the society,
provided these are in line with the teachings of Islam. States can
take away private property during emergency conditions, if
national interest demands, and introduce rationing systems in
times of need. Moreover, Islamic state can nationalize big
enterprises if national interest so demands. Nevertheless,
collectivization of these means of  livelihood, is not
recommended on which private ownership is not harmful to the
spirit of Islamic justice.                  
Change in Political Culture:   
                                                 Islam lays too much stress on the
promotion of healthy trends in a society. The rituals of Islam are
an effective means of imparting education, training and
indoctrination of civic virtues such as love, fraternal feelings,
charity and simplicity. An environmental setting is prepared
suitable for the perfection of human character. Love to wealth
and a luxurious way of life is discouraged; and spending of
wealth in the way of Allah is encouraged as the highest moral
value. Self-consciousness, indolence and vanity is discouraged
in the Islamic value system. Improvement in human behavior in
all aspects of life, is an indispensable part of the comprehensive
plan of action, as envisaged by Islam.                    
          Economic justice, for example, is secured through a
well-knit program of socio-economic and political change. The
preliminary phase of social change starts right from the
reformation of the personal life of an individual and culminates
in an overall charge at the global level. Hence Islam has
integrated political power with justice and moral values. Islam
does not believe in any so-called class war, as upheld by
Marxism, rather declares the faithful as best of the community
sent forth unto mankind that enjoins right and prohibit wrong.
Allah says:           
                Ye are the best community that hath been raised up
for mankind. Ye enjoin right conduct and forbid indecency;
and ye believe in Allah....
(Quran iii: 110)

Political Socialization and Communication:


                   To introduce an overall change in the society,
Islamic State has to chalk out a comprehensive plan in
which reconstruction of the educational system takes top
priority. It should be so modeled as to produce persons
having orientation to Islamic goals. Another priority is the
reformation of information media. It is through the
socialization process that changes can be brought about in
the habits, thinking and customs of the people. Media
professionals can play a pivotal role in shaping the
decision-making process in a system and engendering
supportive values.

Justice:
Provision of justice is a primary duty of the
government, so as to provide conditions necessary for
fair-play and equity. It also implies that the state should
provide equal conditions, mental and material both, to all
alike so that they may develop their capacities according to
their natural dispositions.

Equality of people:
Social equality is a state of affairs in which
all people within a specific society or isolated group have
the same status in possibly all respects, possibly including
civil rights, freedom of speech, property rights and equal
access to certain social goods and social services.
The major examples of social inequality include income
gap, gender inequality, health care, and social class. In
health care, some individuals receive better and more
professional care compared to others.
Question No #15
Discuss kinds and Characteristics of Sovereignty?
Ans: There are difficult kind & characteristics of Sovereignty
with we are discussed under:
1) Internal sovereignty:
Sovereignty is normally understood within the
national sphere is known as internal sovereignty. States which
possess sovereignty is one which has the authority & ability to
excessive command over its society .Internal sovereignty
implies the supremacy of state over all individuals & their
associations within its ferocity.
2) External Sovereignty:
External sovereignty concerns the relationship
between a sovereignty power & other states .The term is
employed as nothing more than the freedom of the state from
control by a foreign state. That is the supremacy of the state
against all foreign wills, either a person or a state.
External sovereignty signifies the independence of a
state from foreign control state is free to chalk out a foreign
policy that suits its national goals .No other state can interfere in
such matters as war & peace .
3) Nominal & Actual Sovereignty:
In ancient times, many states had monarchy & their rules
were monarch. They wielded absolute power and their senators
were quite powerless. At that time, they were excessively
actually sovereign & regarded as real sovereign. For Example,
kings were all powerful in England before fifteen century.
3. Titular / nominal & actual sovereignty:
Sovereignty is supreme only in name, for example the King of
U.K, Pakistan president their powers are exercised by the prime
minister & cabinet.
Actually Sovereignty Means Real Power of State.
For Example, prime minister of Pakistan, prime minister of U.K
& president of USA.
4) Legal Sovereignty:
Legal sovereignty is the supreme law making
authority. The legal Sovereign is that determinate authority
which is able to express in legal form the highest commands of
the state. For Example, the parliament is the legal authority to
excessive legal sovereignty. Only its commands are Laws. It is
recognized by law.
5) Political Sovereignty/ popular Sovereignty:
It is vested in the body of citizens to have a right to
vote it is supreme in democracy. It will be expressed through
election & public opinion. The legal sovereign has to act
according to the will of the electorate.
It means the power of the masses. Each individual
having only one vote and the control of the legislature by the
representative of the people.

6) De Jure Sovereignty: (LAW FULL)


Dejure Sovereignty is the legal sovereignty & it has
foundation in law. It is Legal right to command & Exact
obedience
7) De Facto Sovereignty:
It is an actual sovereign, which is actually obeyed by
the people.
De Facto sovereignty is the sovereignty which is
actually able to make its will prevail. The person or body of
person who is able to enforce obedience are whose commands
voluntary obedience is called de facto sovereignty.
Q No# 13
Explain the attributes of sovereignty?
Ans:
     ATTRIBUTES Of SOVEREIGNTY
The characteristics given below are, in fact, the attributes of
State sovereignty and we are not concerned in this discussion
about the use of this supreme power. A discussion on the kinds
of sovereignty signifies the assessment of the role of the
institutions that exercise state power. As far as the sovereignty
of state, it stands undivided; hence no question arises about its
kinds. 
 1. Permanence:
                            Sovereignty of state is permanent and it
remains in operation as long as state exists. Change in
government does not perish sovereignty; the new government
starts exercising it on behalf of the state.      
2. Exclusiveness:
                              It is that attribute of sovereignty that makes
the state supreme over all other institutions within its territorial
jurisdiction and by virtue of which it claims unconditional
obedience. State is the sole source of all powers and authority.
All laws, rights and obligations are determined within its legal
sphere of action. In fact, this supreme power is unique in the
sense that it can't be identified with any other power on this
earth 
3. Absoluteness:
                              Two aspects of state sovereignty are
noteworthy. First, the state stands paramount over all individuals
and over all their associations and enjoys the pivotal position of
regulating their activities and none other can put limitations on
the state's authority. Second, the state is free from external
control. Though all civilized states respect the rules of
international law and morality yet these limits are self-imposed
and based on voluntary submission on their part.    
4. Indivisibility:
                            Sovereignty of state cannot be divided, as the
will of state is the source of all powers. The powers of
government, however, can be divided. In a federal system, these
are the governmental powers which are divided and not the
sovereignty of state. Under such a system, the national
government exercises powers relating to matters of national
importance; while federating units enjoy autonomy in regional
matters.           
5.Universality :
                            State's supreme authority cannot be questioned
within its territory, while all individual and social activities,
legally speaking, can be regulated by its laws. In case, state
adopts a policy of non-interference in certain fields of life, it
does not imply that it has lost or surrendered its right or  claim to
interfere. The discretion of State is beyond all  limits.
Nevertheless, the state does not normally intervene in the
diplomatic immunities ensured to ambassadorial staff of other
countries. In case the activities of any member of foreign
embassy are considered undesirable, the home government can
ask the concerned government to call him back.
6. Inalienability:
                              State can't depart from its supreme power for
the time being or permanently, nor can it transfer it to any other
body. Otherwise that body to whom this supreme authority has
been transferred will become sovereign. Sovereignty is an
inseparable and integral part of state in a manner as any cell is
linked to the living organism.   
7. Imprescriptibility :
                                      Sovereignty of the state is everlasting. If
the state does not exercise its authority in certain spheres of life,
it does not deprive it of the legitimate authority to regulate those
aspects. Though the state does pay full heed to canons of
morality and established values of the society yet in legal sense
no such limitations can be imposed on state sovereignty.
Q No# 14
Explain Islamic concept of sovereignty?
Ans:
ISLAMIC CONCEPT OF SOVEREIGNTY

 Ambiguity of the Western concept:


                                                         With the widespread
popularity of the democratic ideals, the monistic view of
sovereignty was practically discarded. The presence of an
all-powerful absolute government, was regarded as injurious to
the protection of public liberties. As far as the concept of state
sovereignty, it merely signifies a physical feature of the state by
virtue of which it claims unconditional obedience from its
citizens and is regarded as independent from external control.
The real controversy arose regarding the use of this ultimate
authority. In this context, many new terms originated, each one
signifying different repositories of sovereign power.
           In modern democratic states, no institution can claim
absolute power in the sense as was envisaged in the concept of
sovereignty as expounded by Bodin, Hobbes, Rousseau and
Austin. Those Western political thinkers who upheld the cause
of public liberties, struck over the concept of absolutism in all its
guises. They believed that absolute power in any human
repository would lead to tyranny. Consequently, such terms as
legal sovereignty, de facto, de jure, political, popular, ultimate
and immediate sovereignty, became associated with this
concept, thereby making it all the more ambiguous. The very use
of the title kinds of Sovereignty is nothing but a contradiction in
term.                      
Islamic Concept. In contrast to the western concept, Islamic
concept of sovereignty is the most logical, explicit and realistic
one. According to Islamic version, all powers belong to Allah.
All attributes of sovereignty are implicit in Islamic concept. It is
laid down in the Quran:
           Le! Your Lord is Allah who created the heavens and
the earth in six Days, then mounted He the Throne -He
covereth the night with the day, which is in haste to follow it,
and hath made the sun and the moon and the stars
subservient by His commands. His verily is all creation and
commandment. Blessed be Allah, the Lord of the worlds!
(Quran VII: 54) 

 Sovereignty of Allah is not limited to any particular sphere as


He is the Creator of the Universe and governs through His
commandments. Thus there is no place for titular sovereignty in
the political theory of Islam. Islamic state recognises
consciously within its constitutional framework, sovereignty of
Allah in all walks of life.

 Legal Sovereignty:
                      It implies that in an Islamic state, Quran and
Sunnah stand paramount. Allah's will and all His
Commandments are found in the Holy Text while Sunnah
consists of the actions and sayings of the Holy Prophet (PBUH)
that have been compiled in the Books of 'Hadith'.Sunnah is the
interpretation and explanation of the Quranic injunctions. The
life of the Holy Prophet (P.B.U.H) is the best exposition of
Islamic teachings, as he was perfect man from every aspect. This
position of the Holy Prophet (P.B U.H.) has been recognised by
Allah and therefore, it is the duty of every  Muslim to follow his
example. Allah says:
                                   Whoso obeyth the Messenger obeyth
Allah and whoso turneth away: We have not sent thee as a
warder over them. (Quran IV: 80)
 Verily in the Messenger of Allah ye have a good example for
him who looketh unto Allah and the Last Day, and
remembereth Allah much. (Quran XXIII: 21)

It is to be noted, that the Holy Prophet (P.B.U.H) had no say in


the absolute sovereignty of Allah, as it is against the Islamic
precept of Tawheed' viz., Unity of Godhead. in fact, the actions
and sayings of the Holy Prophet (P.B.U.H.) are in the nature of
manifestation of the Quranic injunctions. In the Objectives
Resolution passed by the First Constituent Assembly of Pakistan
in 1949, Quran and Sunnah are clearly recognised as the source
of Shariah - Later, in the preambles of all the Constitutions of
Islamic Republic of Pakistan, the same principle was upheld.
   ATTRIBUTES
 1. Universality:
                             Sovereignty of Allah is all comprehensive, as
laws of Shariah provide guidance in all directions and are not
restricted to a particular field of human activity. A true Muslim
is a person who consciously recognise Allah's will in all phases
of his life. Thus the whole life of Muslim becomes consistent
and harmonious. To believe in part of the scripture and
disbelieve in any part amounts to clear denial (Kufr).
'Believe ye in part of the Scripture and disbelieve ye in part
thereof? And what is the reward of those who do so save 
ignominy in the life of the world, And on the Day
Resurrection they will be consigned to the most grievous
doom...."(Quran, 2:85)

2. Absolutism and Indivisibility:   


                                                       Allah's sovereignty is
limitless and He is the absolute Master of the whole Universe.
His authority cannot be compared or identified with any other
as-it is unique. Allah's absolute authority is indivisible and
inalienable: even the Prophets had no say in Allah's affairs.
According to the verses of Quran:
 
And when thou bringest not a verse for them they say why
past thou not chosen it? Say: I follow only that which is
inspired in me from my Lord. (VIII: 203)

 If there were therein , then verily both (the heavens and the
earth) had been disordered, Glorified by Allah, the Lord of
the Throne, from all that they ascribe (unto Him). (XXI: 22)
        There is no place for political or popular sovereignty in
Islamic concept, as Allah's will is the source of all power
Neither the electorate nor the entire humanity is authorised to
alter the permanent laws of Shariah . As far as the concept of
popular representation, people, no doubt, have the right to elect
their representatives, who are regarded accountable to the
people. Political authority has been declared as a trust to be
exercised within the limits set by Quran and Sunnah. Hence the
limits prescribed by Shariah cannot be transgressed.

  As a matter of fact, the concept of political sovereignty was


projected in Western Liberalism mainly with a view to
safeguarding the rights of the people against the encroachment
on the part of autocratic governments. A critical evaluation of 
the working of the modern democratic systems reveals the
so-called political supremacy of the people with is merely on the
paper. Inequality prevailing in the distribution of wealth and
monopoly system in modern societies, have established the
dominance of wealthy classes. The ruling elite has practically
taken the place of the old feudal Lords and that of the autocratic
rulers. Laws in such societies also serve the interests of the
dominant classes. In fact, the concentration of all powers in any
repository is the second name of tyranny. The only solution to
this dreadful malady lies in repudiation of all masters and
recognition of Allah as the sole Master. The superiority of
Islamic concept of sovereignty lies in integrating absolutism
with liberalism i.e., effective safeguards have been provided for
the preservation of public liberties under the absolute
sovereignty of Shariah.

IMPLICATIONS
                         An ideal Islamic polity whose infrastructure is
formed within Divine limits, has distinct advantages. The
monopoly of any particular class in any walk of life, has not
been recognised. In this sense there is no priest class that can
claim absolutism in the realm of politics. Hence the concept of
theocracy, as it worked in medieval Europe, finds no place in
Islamic thought. The concept of political sovereignty has been
substituted with popular vice regency. Political authority is
declared as a trust to be exercised within Sharia law.
Government is accountable to the people. People have been
given the right of political participation through their elected
representatives.

           Secondly, government in an Islamic state is under


constant watch, as it is the duty of all Muslims to be vigilant.
They are supposed to participate fully in public affairs. As
regards the role of government, much stress has Been laid on its
responsibilities rather than on its authority.
      Thirdly, laws of Shariah are in the nature of eternal
Commands that guide the people in all directions. Islamic law
gives fundamental and underlying principles while the people
are allowed to resort to ijtihad in matters where law is either 
silent or unclear. It is to be noted that the constitution, as well as
other branches of law in an Islamic state, have to be enacted in
the light of Shariah.
 
         Fourthly, shariah is the main source of rights and
obligations in an Islamic State. Better and more effective
safeguards are provided for the protection of rights of the
people, as they emanate primarily from Divine  Commandments.
Islam attaches maximum sanctity to human personality and all
political institutions are under obligation to protect and respect
human rights. A suitable balance has been maintained between
rights and obligations. Rights of people have been given priority
even over the rights of Allah Haqooq Ullah.

 Legal recognition of sovereignty of Allah implies the


repudiation of the supremacy of man over man. From the head
of the state at the top, to a common man at the lowest, all stand
equal in the eyes of law. Laws of Shariah do not reflect  any
class conflict; these are the exposition of Divine Wisdom Rule
of law nullifies all trends of autocracy on the part of
government. Everybody in an Islamic State is under the same
law and none is above the law.  Law provides equal
opportunities to all alike necessary for the development of their
capacities. After embracing Islam, a Muslim repudiates the rule
of all autocrats or masters and recognises Allah as his sole
Master. Since each gives himself up to Allah and reduces
himself to Zero, equality of everyone, therefore, is gained with
every other.

A society that consciously recognises Allah's sovereignty in all


spheres of life, can claim to be an ideal democratic society. 
Within the framework of Shariah, the concept of limited
government can be truly realised. In fact, a true democratic
system can flourish only in a society that gives legal recognition
to Allah's sovereignty whose de facto sovereignty is manifest in
the working of the entire universe.

Q No #15
Define law and its kinds/Classification?
Ans:
Introduction:
                         The term 'law' is derived from the German word
"Lag" meaning fixed or evenly. The word 'law' has different
connotations in respect of its use. Physical laws, for example,
signify fixed and eternal rules which are subject to no change.
The principles that regulate human conduct from a moral point
of view are called moral laws. Social laws point to the
importance of prevailing customs and traditions.

In political discussions, the term 'law' implies rules and


regulations enforced by the state. In every society, there exist
rules that regulate human conduct. Such rules may be reduced to
writing or may flourish in the form of customs backed by the
force of public opinion. But these customary rules are
transformed into laws when the state gives them legal
recognition and takes the responsibility to enforce them, through
coercion and by all other resources at its disposal.

                       DEFINITION
1) Green regards law as "the system of rights and obligations
which the state enforces".     

2) To, Salmond, Law consists of the body of principles


recognised and applied by the state in the administration of
justice'.
                          KINDS

1) Constitutional Law:
              Constitutional law consists of those paramount laws of
the land that deal with the organization of state, powers of the
government, exercise of governmental authority and the
protection of fundamental rights. Constitutional law incorporates
not only the letters of the constitutional document but also the
interpretations made by the superior courts. It is found, both in
written and unwritten forms. A major part of the British
constitutional law, for instance, consists of the constitutional
conventions.

2) Statutes:
                          In democratic states, the popular legislative
chambers make laws in accordance with the requirements of
society. Difference between constitutional law and statutes lies
in the procedure of their amendment. A distinct procedure is
adopted in respect of the amendment of constitutional law and a
specific majority is required to this effect; while a simple
majority is required for the amendment of statutes. Nonetheless,
in Britain, no such difference is maintained in the amendment of
both types of law and Parliament can alter any law by a simple
majority. In some states, people directly participate in
law-making through Referendum and Initiative.

3)  Executive Decrees:


                                  In democratic societies, law-making
function is, of course, assigned primarily to legislatures;
executive too wields the power to make rules and regulations in
the light of statutes. This power of delegated legislation on the
part of the executive is regarded indispensable to make the
statutes in line with the administrative needs.

4) Ordinances:
                           The popularly elected legislative assemblies
meet in sessions after short spells. During the intervals, if need
arise for the enactment of a law, instead of convening the session
of the legislature, the head of the government promulgates
ordinances. These ordinances have the validity of law so long as
they remain enforced. But these ordinances, normally, got to be
transformed into statutes when the legislative assemblies meet in
sessions. If approved they cease to be ordinances and are
converted into statutes and in case of disapproval they cease to
have the validity of law.
5) Adjudication:
                     The function of a judge is to interpret and apply
law in specific cases. In case, law is not clear and its direct
application to a dispute is not possible, a judge resorts to
analogy and gives new interpretation to the existing law. This
process is called adjudication. If law is completely silent on any
issue, providing no relief, a judge decides the case keeping in
view the underlying spirit of law, known as Equity. Hence both
adjudication and equity are judge-made laws which set
precedent to be followed by the subordinate courts.

6) Common Law:
                        Common law consists of those usages which
have been given legal recognition by the judiciary in England.
Common law truly reflects the prevailing customs and traditions
of British society; and most of the basic rights of the citizens are
based on it.

7) Private Law:
                         Private laws deal with the interrelationship
between citizens. In cases involving private law, the parties to a
dispute are private persons while the role of state is that of an
arbiter. Modern state normally avoids undue interference in
personal affairs of its citizens. The function of the state is to
protect personal rights of its citizens from any encroachment. In
modern states, religious minorities have their own personal law
based on their respective religion involving such matters as
marriage, divorce, etc.

8) Public law:
                          Public Law signifies those rules that regulate the
relationship between citizens and state. In cases involving public
law, the state is a party being represented through any
governmental institution versus private person. Individuals want
protection of their rights not only against the encroachment on
the part of other fellow citizens but also against the state. Thus
they can seek justice under the protection of public law.

9) Criminal Law:
                              In order to implement justice and ensure law
and order, certain offences are regarded as crimes against the
state. Severe crimes are dealt under criminal law such as murder,
hooliganism, theft and robbery, etc. It means criminal law deals
with the rights of state while judicial procedure adopted for such
trials is termed as criminal procedure. The financial penalty
imposed on the criminals is deposited in the national exchequer.
10) Civil Law:
                    Under Civil Law, all such disputes are settled that
relate to property, deeds, agreements, mortmain and distribution
of assets. Separate Civil Courts are established for deciding such
cases. Penalty imposed on any one party to such disputes, is
given as compensation to the contestant party.

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