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
 Limitation of Political Obligation
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.
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.
Excess taxes:-
Taxes should be levied keeping in view the 'principle of
maximum satisfaction'. The taxation should be within the
taxable capacity of the people. The government should be
very cautious in imposing taxes. It Should follow the
canons of taxation.
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
Theories On The Origin Of
Obligation
The State

Idealistic
theory

Divine Right Traditional

Theory Theory

Consent

theory
 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
Criticism:
 No historical evidence.
 Illogical & unscientific.
 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.
Utilitarianism theory
Bentham and Mill
 England Bentham (1748- Mill (1806-1873)
1832)

170 190
0 Mozart (1756- 0
Kant (1724-1791)
1804)

Germany

America
For
comparison
Jefferson (1743- Lincoln (1809-1865)
1826)
• Bentham propounded the theory of
Utilitarianism.
• State shall achieve the greatest happiness to
greatest number.
• The people who derived utility from the
state, shall be obliged to obey the law.
• Government owes a duty to the people foe
exacting loyalty and obedience.
• The state provides utility or happiness by
laying down laws.