B.A. POLITICAL SCIENCE LONG Notes

        

        Long notes on four topics:

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             POLITICAL SCIENCE

(A) .RTI ACT, 2005 A CRITICAL ANALYSIS AND IT'S ADVENTAGES AND DISADVENTAGES. 

(B) . THE CONCEPT OF IDEAL STATE AS PROPOUNDED BY PLUTO AND IT'S DRAWBACKS. 

(C) .OMBUDSMAN

(D) .PLUTO'S THEORY OF JUSTICE. 

                        Answer

(A) .RTI ACT, 2005 A CRITICAL ANALYSIS AND IT'S ADVENTAGES AND DISADVENTAGES

INTRODUCTION: The RTI is the most conspicuous principle which is considered as the critical instrument of majority rule government. It plans to maintain straightforwardness and responsibility in the working of the public specialists considerably financed by the public authority. It implements the right of each resident to have an admittance to any administration related data. For instance to looks for data as to any concede given by the state to any power. It is subsequently appropriate for each person to know where their cash which they pay as far as duty to the public authority is being utilized so they get additionally urged to maintain the tax collection rules, while in case they are not fulfilled and feel that their cash is being utilized for unlawful purposes rather than the improvement of the country then they will be lose trust in the framework. Truth be told one has the option to know even with regards to the qualifications and foundation of the applicants challenging decisions so they might guarantee the limit and value of that individual by whom they would be administered in future.

Indeed the Supreme Court of India managed in a milestone judgment of Union of India versus Relationship of Democratic Reforms (2002), that the residents reserve a privilege to be familiar with charges against possibility for decisions just as subtleties of their resources, since they want to offer themselves for public help and local officials can't guarantee exception from exposure of charges against them or subtleties of their resources. Given our troubling record of misgoverning and wild defilement which connives to deny residents their fundamental privileges and nobility, therefore, the residents' all in all correct to data is given more noteworthy power with respect to protection. Notwithstanding above, even the ideological groups, sanctuaries, schools and furthermore privately owned businesses will undoubtedly cover under the space of the RTI Act and henceforth ought to be made responsible for their exercises to the residents.

In any case, there exist specific escape clauses in the Act that cause uncertainty and disarrays. For instance, Section 2(h) clarifies what goes under the domain of the expression "public power" yet it doesn't give an extensive thought and makes ambiguities which present issues for the Information Commission to choose the idea of a power. In addition, the expression

"significantly financed" additionally doesn't give an unmistakable picture that what establishes the word 'considerable' which create outright turmoil. For instance, the civil enterprises, state and focal legislatures are progressively deciding on Public Private Partnership (PPP) attributable to which it appears to be that straightforwardness could be ruined, as private associations are avoided from RTI Act and in such partnerships one can get access to public documents by putting a query to the public partner only.

Thus it is a big lacuna as this decision becomes subjective/one sided with no authenticity and completely relies on the Information Commissioner. Furthermore, there is no clarity in the matter of NGOs which are receiving significant amounts of finance, however the aided schools and colleges are deemed to be public authorities if they have significant government nominees; or companies where the government either owns substantial finance, are directly covered under RTI Act and those which are privately owned and managed are covered under a third party.

Another discrepancy in this Act is under Section II whether the third party's denial is the final verdict because when it comes to disclosure of information pertaining to the third party, its consent is required to be taken and in most of the cases they refuse to disclose the information stating the reason of it being an encroachment on their privacy and the PIO abide by it blindly without weighing the ramifications on the general public. The PIO is necessitated to wisely weigh the pros and cons of such non-disclosure and how far would have an impact on the citizens and their rights.

Above all, the RTI Act is useful legislation apart from the aforementionedloopholes which if removed can further improve. Also the public needs to become more vigilant and responsible and use this right in order to make oneself aware about the allocation of public contribute finance, the election  candidates,  political parties,  private  institutions,  schools, etc. and contribute in eradication of corrupt practices from the political, economic as well as social scenario. 

           Anventages of RTI:

1.Empowerment of the Common Man: The resident has been engaged as in he has the option to be educated with regards to anything that influences his life straightforwardly or in a roundabout way. The dependable bodies or specialists will undoubtedly answer emphatically whatever data is asked or needed by individuals.

2.Easy method of spreading data legitimately: The RTI resembles an apparatus for giving a wide range of data to individuals. The RTI gives degree to individuals to be open to government records or government archives which any other way average citizens can not get such data from the Governmental workplaces or offices.

3.Protection of Information: Since the chose individuals with chose inquiries will be engaged and informed legitimately and appropriately, so this will prompt assurance of data accordingly shielding everybody from being wrongly or improperly educated or deceived.

4.Corruption will diminish progressively: If an individual requests data on explicit question or data and the appropriate response must be given or conveyed by a skillful and dependable power. In this manner the authority must know about his exercises. In this manner RTI will unquestionably assist with limiting the odds of debasement. 

              Disadvantages of RTI:

1.Unnecessary Disturbances: RTI make superfluous aggravations just as extra weight for the administrative organizations .. Bodies of evidence have been documented against bringing incorrectly data and requesting unexpected data from the various authorities at different levels and this make only a general disarray.

2.An additional weight to the specialists: Since the approved people or authorities are as of now having trouble with loads of works and obligation to be conveyed at their end, so it has added a major weight to be done or to be conveyed.

3.Multiple Public Information Officers: The Government has selected Public Information Officers in each division. The goal is to give data to the resident who is looking for right data structure a right Information Officer. This framework has added various Public Information Officers.

4.People's openness is rushed and tedious: There are numerous Public Information Officers who are not available to the commoners. In this manner average citizens need to confront heaps of challenge or issue just as time.

More or less, the RTI has fallen in a skyline of such a region its suggestions and application have encountered various shades. 

(B) .THE CONCEPT OF IDEAL STATE AS PROPOUNDED BY PLUTO AND IT'S DRAWBACKS:

INTRODUCTION: Plato is the main Greek political mastermind and savant. He is considered as one of the most shrewd and genuine devotee of Socrates. He is the most notable scholar of 5th century BC.

His work "The Republic "is his magnum opus is as yet considered as an incredible settlements on all issues which looked by us even today.

Optimal territory of Plato

In his "Republic" Plato has attempted to depict the image of an optimal state. As indicated by him, the residents can be at their best just in an optimal state. While portraying the image of such a state, he has endeavored to show concerning what ideal state should be, without caring whether or not that was practicable. What Plato portrayed to do was to set an ideal state for the state in any event, for the occasions to come.

His ideal state was no limited by any traditions and shows however a sentiment of free knowledge. As indicated by him it was predominance of excellence which made a difference much in the organization of the state.

Remarkable component of Plato's Ideal express: Plato's ideal state has the accompanying highlights: -

1. Rule of Philosopher King:

As indicated by Plato an ideal state should be represented by a savant ruler. He ought to be an aloof individual and serves of truth and intelligence. He should join in himself ethicalness and information; so he will be in a situation to take care of the government assistance of the state.

2.Restriction of Art and Literature:

According to Plato, in the ideal state there should be positive restrictions on the production of art and literature. The people should have only such literature which promotes high moral character, wisdom and intelligence.

3.Equal treatment of Man and women:

According to Plato both men and women should be brought up equally as useful citizens. As both are an integral part of the state and as such there should be no distinction between the two as the development of their faculties is concerned.

4.State controlled Educational system:

According to Plato state has full and final control over education. It was the only agency which could produce philosopher king. It also trains the minds and thoughts of the people in right and proper direction. In his philosophy education had both social and individual aspects. In society.

5.Specialized soldiers:

Plato fully well realized the importance of the defence of the state. He, therefore, gave their responsibility to the soldiers. He believed that these people should not be the ordinary soldiers but persons specially trained for the purpose.

6.Functional specialization:

Plato believed in a system of complete functional specialization. He was of the firm view that everyone should perform functions assigned to him and should not try to go beyond these.

7.Proper administration of Justice:

According to Plato justice was an essential and integral part of a state. Therefore, he pleaded that justice should be properly administered. His basis of justice was functional specialization and everybody was required to remain within his limits.

8.Communism of wives and property:

He believed that if the ruling class was to perform its duties devotedly and honestly it was essential that there should be communism of wives and property. It will make them free from bondage of family life and rise above narrow interests of possessing maximum of private property.

9.Retention of slavery:

Plato believed that in an ideal state the ruling class has to devote their time for the development of the people. So Plato wanted to continue the system of slavery in his ideal state.

10.Bringing up the children:

According to Plato children were national possession and as such it was obligatory on the part of the state to them up according to their aptitude. The state controlled children alone could be the real possession of the nation.

11.Division of classes:

Plato's ideal state has three classes, namely rulers at the head to govern the state, soldiers to defend and peasants and artisans to fight for the betterment of the economic conditions of the people living in it. Each section of the society was required to attain perfection in their particular assigned job.

12.Totalitarian Outlook:

Plato's ideal state has totalitarian outlook. According to him the people can only develop in the state and that was the only agency through which his personality could find the fullest expression.

              Drawbacks:

 

Platonic concept of an ideal state can be criticized on the following grounds: -

1. Non - development of Human Personality:

In his ideal state there is hardly any one's of fullest development ofhis personality, because his specialization of function leads to one sided development only.

2.It is authoritarian:

His and ideal pays no state respects is authoritarian to the individual.in the feeling that he combines the people in the state

3.Anti-human state:

In his express his idea of both socialism of spouses and property is against human opinions and sentiments. It is somewhat against human and can't interest typical individuals.

4.Utopian state:

The ideal state portrayed by Plato is pretty much idealistic. As per his game plan it is neither conceivable nor practicable to have a 'scholar ruler' or state controlled arrangement of instruction.

5.No-acknowledgment to Laws:

It is peculiar that in the ideal state Plato has given no acknowledgment to laws. The laws have been given less significance that what these ought to have in a very much evolved and edified state.

6.Anti-vote based:

Plato has made it pretty much compulsory on the residents to submit to the orders of the thinker ruler. They have not been given any power or ability to resist his orders which is essentially against vote based in nature and character.

Evaluation:

However Plato's ideal state has been reprimanded on various grounds and yet it has specific importance. The center of his way of thinking actually stays unchallenged. State controlled arrangement of training is even today being presented in the communist states. Plato's weight on idealistic individuals is even today appreciated. His hypothesis, in his own occasions and conditions, was appropriate and practicable just as feasible.

(C) .OMBUDSMAN:

Meaning: Ombudsman is an authority selected to explore individual objections against maladministration particularly that of public power. The exact significance of the term ombudsman is complaint official. The issues which fall under the caution of Ombudsman included maltreatment of authoritative circumspection, maladministration, regulatory defilement, partiality and bad conduct of different kinds. The Ombudsman can follow up based on a grievance got from a resident against an official or all alone. The idea of Ombudsman originally started in Sweden in 1809.

The technique for redressal of resident's complaints is immediate, straightforward, casual, modest and quick. Because of the accomplishment in Sweden it was additionally continued in Finland, Denmark, Norway, U.K, and so on Thusly more nations of the world additionally embraced this framework. In India Ombudsman is also called Lokpal/Lokayukta.

Characteristics of Ombudsman Institution: Prof.Larry B Hill has identified the accompanying attributes of Ombudsman organization-

1.Ombudsman foundation is a different element that is independent in nature.

2.It works autonomously of the governing body or chief.

3.Ombudsman is a lawfully settled legislative authority.

4.It is a checking organization and non-sectarian body.

5.It is open and noticeable to all.

Goals of Ombudsman: Prof. Larry Hill has portrayed the accompanying destinations:

1.To make organization more others conscious just as reduce well known estrangement from government.

2.To forestall maltreatments by going about as administration guard dog.

3.To present managerial change.

Functions of Ombudsman:

The significant elements of Ombudsman are examination, security of the privileges and opportunity of individuals just as redressal of residents' grievances identified with mal-organization of government the globe offices. has additionally driven The to increment critical in the two options the number and adjustments and types to of some Ombudsman of its function.offices Some across of the significant changes in capacities are talked about underneath:

1. In Sweden, where authorities are mindful neither to the Crown nor to the parliament, however are dependent upon law and order, the primary capacity of the Ombudsman is to take judicial procedure against government workers and judges for breaks of the law. It was intended to go about as examiner.

2.In Denmark, the role of the Ombudsman is to safeguard law and order for the individual as an appellate body for the citizens who are in conflict with the administrative agencies.

3.With the introduction of Ombudsman in most countries of the world the function of Ombudsman began to undergo an important change in focus. At present the primary function is to redress grievances.

4.The Ombudsman offices not only consider individual grievances butalsoidentify systemic faults, thereby helping to secure improvement of administration.

5.Some Ombudsmen have gone even further as regards the promotion of good practice and published codes of offering general guidance to governmental agencies.

6.Many Ombudsman offices are empowered to start investigation on their own initiatives.

7.A number of Ombudsmen have also added to their functions a role of policing codes. One aspect of this task of uncovering instances of corruption assigned to it.

8.The Ombudsman offices have also increasingly focused on the possibility of conciliation and on helping to achieve an outcome of satisfactory to the complainant and the agency concerned as quickly as possible. The primary role of Ombudsman is to strive for mutually acceptable resolution rather than necessarily finding faults.

Critical Observation:

The most common criticism of Ombudsman system is that the function is not generally well understood. There is limited documentation and information about their work, often confusion and uncertainty about their role. In spite of its key feature of accessibility, Ombudsman offices are known for inaccessibility. Few citizens are aware of the different Ombudsman schemes, how to reach them and how to process a grievance. Inaccessibility is the main cause why Ombudsman offices tend to be under-utilized, especially by the most disadvantaged sections of the society. It is a known fact especially in Britain that Ombudsman schemes are hidden by bureaucracy

Since the Ombudsman's powers lie essentially in recommendation there is genuine concern that Ombudsman lack 'teeth'. For instance, the annual report is often considered an adequate instrument for influencing administration procedures and practice and educating the

public. Moreover, the Ombudsman is generally powerless to change or reverse decisions.

     (D) .PLUTO'S THEORY OF JUSTICE

INTRODUCTION: Plato appended extraordinary significance to the idea of Justice. It is obvious from the way that he captioned his "Republic" as "concerning equity'. Truth be told the disclosure of the nature and home of equity is the key issue of Republic and the premise of the Ideal State.

Dispassionate origination of Justice:

Plato prior to clarifying his hypothesis of equity has analyzed the common speculations of equity.

1.The hypothesis of Cephalus (Traditional Theory): Cephalus characterized equity as talking reality and paying what was because of divine beings and men.

2.Theory of Thrasymachus (Radicalist): Thrasymachus regarded equity as interest to the more grounded. He puts stock in the guideline of might is correct.

3.Theory of Glaucan (Pragmatic): Glaucan regards equity as something counterfeit. a result of the social show.

Plato censured all the above specifies three hypotheses and dismissed them on the accompanying grounds - he accepted that equity can't vary from one person to another and ought to have general application Justice can never be the interest of the more grounded. Equity isn't counterfeit. It is normal and inborn in human instinct.

For him equity lived in the person as well as in the general public. Equity is the guideline of life. It isn't worry with the outside substance of man yet with the internal itself.

Standards of Platonie Conception of Justice:

I. To build up equity in his optimal state. Plato isolated individuals into three classes, to be specific rulers.soldiersandfarmers/workers.

2.Plato to tie down equity distributes explicit capacity to each class as indicated by his ability and legitimacy. This is known as useful specialization.

3.Plato demanded the standard of non-impedance by different classes in one another's circle of obligation and fixation on its own obligations.

4. Plato emphasize harmony between the three classes namely - rulers, soldiers and peasants representing wisdom, courage and temperance.

5.Justice resided both in the individual and the society.

6.Platonic justice is not ontly legal but also an ethical term.

7.Plato believed that justice cannot differ from individual to individual and should have universal application it cannot be partial.

8.According to Plato. there are four virtues in the society- wisdom. spirit. temperance and justice.

9.Justice is not artificial. It is natural. It is eternal. It is inherent in human nature.

Criticisms:

Plato's concept of justice has been subjected of severe criticisms on the following grounds:

1.Plato's concept of justice is based on moral legal sanction in so far it is not enforceable. It is based on self control and self abnegation in the interest of the society.

2.Plato's theory of justice could be possible in the city state. In the present context. when the population of the state has increased so much that the threefold class division is not possible.

3.Plato's concedes that each individual possesses three qualities - reason, spirit and appetite. But he wants that each individual should devote to the development of only one faculty. Thus he wants the individual to live by one -third of his personality and abandon the two-third of his personality. This can hardly be justified.

4.Plato's justice assigns absolute powers to one class that is the philosopher kings. Thus there is clear scope for inequalities of power and privileges in his scheme of justice.

5.Plato completely subordinates the individual to the state reduces him to a mere means for the promotion of the interest of the state.

Conclusion:

Thus we have discussed the Plato's concept of justice. Plato's theory of justice is something internal. It exists in the individual and in the state. It is not concern with external actions of man but within inward self. The zeal of Plato to promote idealism in the state has made to sacrifice some basic human instinct for the sake of good life. It is for this reason that Plato's theory of justice and Ideal state has criticized as unreal. irrational and paradoxical.