What is Polity?

A society organized through the exercise of political Authority is called as Polity. In simplest terms, Polity refers to the study of government or State.

What is Government/ State?

To govern means to rule or exercise control in the society. In political terms, the government is generally identified with the executive organ of the State. On the other hand, State is a wider concept which is defined as: “ A Political Association that establishes sovereign jurisdiction within defined territorial borders and exercises authority through a set of permanent institutions.”

What are the essential features of a State?

From the definition given above, following important features of a state  can be identified.

No1. It has a defined population

No.2. It has a defined Territory.

No.3. It has a Government.

No.4. It is a sovereign entity.

Is there any difference between Government and State?

Only basic although, both terms are often used interchangeably. In fact, State is a wider association that embraces within it right from government to population. Whereas, the government is merely a part of the State. In other words, it is through the agency of the government that the state exercises its power or authority. This way, a government is the brain of the state.

  
Why do we need a Government or State?

To create order in the society because without a government there will be chaos, disorder and war of each against all. In short, in the absence of a government, there will never be peace and security in the society. A political scientist named Thomas Hobbes in the 16th century gave a classic explanation as to what life would be like in a stateless society; a life full of insecurity and civil war.

 
What is Constitution?

It is the governing document of the State or government. In other words, a Constitution is a set of rules under which the functions and powers of different organs of the state are defined and demarcated. Besides this a constitution also enshrines the political relationship of the people with the state by embodying certain rights which citizens shall enjoy. Since constitution is a fundamental law of the state so do these rights are called as such.

A Constitution is thus, a document of people’s faith and aspirations possessing a special legal sanctity. It is the fundamental law of a country and all other laws and customs of the country in order to be valid must conform to it. It sets out the framework and the principal functions of various organs of the Government as well as relations between the Government and its citizens.

Why do we need a constitution?

To make government a rule bound activity because without there being some rules or law for the state  or governments to follow or bound by, it will become a government with unlimited powers thereby becoming a threat to individual rights and liberties. It will be a kind of dictatorship.

As the famous saying goes: “Power tends to corrupt and absolute power corrupts absolutely.”

What is Constitutionalism?

It is a liberal belief in a limited government.  In other words, it recognizes the need for a government but the government would have limited powers. A government with limited powers thus becomes a constitutional government. This is because; it is the constitution which actually serves as a constraint on the powers of the government. Although it is possible to have constitutionalism even without a constitution. Mechanisms such as Rule of law, judicial review, Fundamental rights, bicameralism and federalism etc. all seek to promote constitutionalism.

What is Rule of Law?

It is a concept with multifaceted meanings but as understood from the name itself, it refers to a system where law rules and not men. It is to the law that the conduct of all men both of the government and private is subject to. This way rule of law establishes a framework of law within which everyone has to conduct himself.

A British Jurist of the 17th century, A.V. Dicey is credited with the enunciation of the doctrine of rule of law and accordingly associated following elements with thje doctrine of rule of law.

1.      no one shall be punished except for a distinct breach of law,

2.      everyone shall be equal in the eyes of law,

3.      there shall be no arbitrariness in the hands of the officials.

The rule of law thus, centrally comprises “the values of regularity and restraint, embodied in the slogan of “‘a government of laws, not men’”. The term Rule of Law does not provide any thing about how the laws are to be made, or anything specific like the Fundamental Rights or the Directive principles or equality etc. but it provides for two basic concepts that is Law must be obeyed by the people and that the law must be made in such a way that it is able to guide the behaviour of its subjects. Different legal theorists have different approaches towards the concept of Rule of Law. Some believe that the rule of law has purely formal characteristics, meaning that the law must be publicly declared, with prospective application, and possess the characteristics of generality, equality, and certainty, but there are no requirements with regard to the content of the law. While other legal theorists believe that the rule of law necessarily entails protection of individual rights. Within legal theory, these two approaches to the rule of law are seen as the two basic alternatives, respectively labeled the formal and substantive approaches.

Origin of the Concept of Rule of law:

The concept of Rule of Law is very old. In the thirteenth century Bracton, a judge during the reign of Henry III in a way introduced the concept of Rule of Law without naming it as Rule of Law. He wrote:

“The king himself ought to be subject to God and the law, because law makes him king.”

Later on, Edward Coke is said to be the originator of concept of Rule of Law when he said that the king must be under God and law and thus vindicated the supremacy of law over the pretensions of the executives.

 In India, the concept of Rule of Law can be traced back to the Upanishads. Upanishads say that Law is the King of Kings.  It is more powerful and higher than the Kings and there is nothing higher than law.  By its powers the weak shall prevail over the strong and justice shall triumph.

However, the main credit for developing the concept of Rule of Law goes to Professor A.V. Dicey who in his classic book “Introduction to the Study of the Law of the Constitution” published in the year 1885 tried developing the concept of Rule of Law. As per Dicey, no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land.  This establishes the fact that law is absolutely supreme and it excludes the existence of arbitrariness in any form.

According to Dicey, where there is scope for discretion, there is room for arbitrariness.  So Dicey held that every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals.

Rule of law in the modern sense:

Today Dicey’s theory of rule of law cannot be accepted in its totality. The modern concept of the rule of law is fairly wide and therefore sets up an ideal for any government to achieve. This modern concept was developed by the International Commission of Jurists. Known as Delhi Declaration, 1959 which was later confirmed at Logos in 1961. According to this formulation-

“The rule of law implies that the functions of the government in a free society should be so exercised as to create conditions in which the dignity of man as an individual is upheld. This dignity requires not only the recognition of certain civil or political rights but also creation of certain political, social, economical, educational and cultural conditions which are essential to the full development of his personality”.

According to Davis, there are seven principal meanings of the term “Rule of law: (1) law and order; (2) fixed rules; (3) elimination of discretion; (4) due process of law or fairness; (5) natural law or observance of the principles of natural justice; (6) preference for judges and ordinary courts of law to executive authorities and administrative tribunals; and (7) Judicial review of administrative actions.  According to Sir Ivor Jennings on Rule of law:

 “In a proper sense, rule of law implies a democratic system, a constitutional government where criticism of the government is not only permissible but also a positive merit and where parties based on competing politics or interests are not only allowed but encouraged. Where this exists, the other consequences of rule of law must follow”.