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LL.B. Semester ll
113 F - PRINCIPLES OF POLITICAL SCIENCE & THEORY

Note :
Document (version -v1.1 dated 15-Mar-2016) compiled by
ketan.bhatt@iitbombay.org for his personal use. Larger student
community may also benefit.
This document is primarily related to 3 year LLB course of Gujarat
University. However, many other universities have also adopted
similar syllabus.
Syllabus is in BOLD text. Reference to all questions listed herein
below, is to such questions which were asked in Gujarat University
examinations.
SYLLABUS :

http://www.lawctopus.com/academike/category/humanities/politicalscience/

1) Concept of Citizenship, and Federalism :

1..1)

Citizenship : Definition under the Constitution of India

1..2)

State-Citizen : Inter-relationship, Rights-Duties towards

each other

1..3)

Federalism : Unitary and Federal System: Distinction,

True Federalism and Quasi-Federalism meaning, distinction,

Merits & Demerits of Quasi Federalism

1..4)

Federal and State Power

1..5)

Federalism : Basic Structure of the Constitution,

Golaknaths case and Kesavananda Bhartis case and other

relevant cases for reference

1..6)

Doctrine of Judicial Review : Meaning, need and

importance in democratic system

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Q : 2013 : Define and explain the meaning of citizenship. Discuss the
constitutional position relating to citizenship.
Q : 2014, 5 : Explain various modes of acquiring and loosing the
citizenship of india. Does the constitution of india have the system
of dual citizenship? Answer with reasons.
Ans :
hypothesis
https://en.wikipedia.org/wiki/Indian_nationality_law
http://www.gktoday.in/citizenship-act-1955-and-provisionsof-indian-citizenship/
Q : 2013 : Explain : inter-relationship between state and citizen.
Ans :
Hypothesis http://www.preservearticles.com/201012241595/differencebetween-state-and-citizen.html
Q : 2015 : Define and explain unitary and federal systems.
Q : 2013, 4, 5 : What is Federalism? Explain the quasi-federal
system of india. How it differs from true federal system?
Q : 2013, 5 : Merits and demerits of quasi-federal system.
Ans :
Const-I
page-18 --- Q : 2015 : Constitution of India is quasi-federal
Discuss.
Page-24 --- Q : 2014 : Indian constitution can be both
unitary as well as federal according to the requirement of time
and circumstances Discuss.
Q : 2014, 5 : Explain the doctrine of judicial review and importance
thereof. Whether it is a part of the basic structure of the constitution
of india. Explain the meaning and its importance thereof in
democratic countries.
Q : 2015 : Explain federalism as a basic structure of the
constitution of india

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Ans :
read page-8 --- Const-I --- Q : 2015 : Explain : basic structure
theory to the preamble / power of parliament to amend the
constitution.
-----> golaknath :
hypothesis --https://en.wikipedia.org/wiki/I.C._Golaknath_and_Ors._vs_St
ate_of_Punjab_and_Anrs.
page-311 of jhabvala
-----> keshavananda bharti
hypothesis --https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_
of_Kerala
page-313 of jhabvala
Doctrine of judicial review :
hypothesis ---> https://en.wikipedia.org/wiki/Judicial_review
and then go on to discuss indian caselaws - golaknath +
kesavananda
also read const-I Q : What is meant by Judicial Review (Art-13)?
https://indconlawphil.wordpress.com/2013/12/29/judicialaccountability-and-fundamental-rights-i/
https://indconlawphil.wordpress.com/2014/01/10/guest-postjudicial-accountability-and-fundamental-rights-ii/

2) Meaning of State under Article 12 and its Significance and other

Constitutional Principles :

2..1)

Definition of State under Article 12 of the Constitution

of India

2..2)

Changing notion of State under Article 12 of the

Constitution of India through Judicial Pronouncements

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2..3)

Change of trend in the Definition of State in the era of

Liberalization

2..4)

Change in the Judicial Trend in interpreting the definition

of State after the year 2002

2..5)

Sovereignty: Definition, concept, characteristics, Austins

theory on Sovereignty

2..6)

Supremacy of the Constitution : Meaning and importance

along with the Supreme Court decisions

Q : Discuss : In reference to Art-12 : (i) Changing notion of 'State',

(ii) Change of trend in the Definition of 'State', (iii) Change in the
Judicial Trend in interpreting the definition of 'State' after the year
2002
Ans :
(i) Changing notion of 'State'

(ii) Change of trend in the Definition of 'State'

(iii) Change in the Judicial Trend in interpreting the definition of

'State' after the year 2002

Q : 2013, 4, 5 : What do you mean by 'state' defined under Art-12 of

the constitution? Explain with decided case, how the supreme court
expanded the scope of Art-12.
Q : 2013 : Explain : Case : Predeep Kumar Biswas -vs- Indian
Institute of Chemical Biology [(2002) 5 SCC 111]
Ans :
good - http://www.lawctopus.com/academike/authoritiesarticle-12-constitution/
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1106615
https://indconlawphil.wordpress.com/tag/article-12/
Art-12 : In this Part, unless the context otherwise requires, the
State includes the Government and Parliament of India and the
Government and the Legislature of each of the States and all local or

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other authorities within the territory of India or under the control of
the Government of India.
Make outline of HOW scope got expanded :

interesting study :
good -> https://indconlawphil.wordpress.com/tag/article-12/
https://indconlawphil.wordpress.com/2014/04/26/what-isthe-state-i-article-12-and-constitutional-obligations/
https://indconlawphil.wordpress.com/2014/07/05/what-isthe-state-ii-two-approaches-to-interpreting-article-12/
https://indconlawphil.wordpress.com/2014/08/15/what-isthe-state-iii-adopting-the-instrumentality-or-agency-test/
https://indconlawphil.wordpress.com/2014/08/17/what-isthe-state-iv-agencyinstrumentality-as-a-function-of-statecontrol/
https://indconlawphil.wordpress.com/2014/08/19/what-isthe-state-v-zee-telefilms-the-death-of-the-functionalapproach-and-an-alternative/
https://indconlawphil.wordpress.com/2015/12/16/deemeduniversities-and-article-12-of-the-constitution/
Q : Discuss : Sovereignty: Definition, concept, characteristics,
Austins theory on Sovereignty
Ans :
hypothesis http://www.politicalsciencenotes.com/essay/sovereigntymeaning-and-characteristics-of-sovereignty/254
hypothesis - https://en.wikipedia.org/wiki/John_Austin_
%28legal_philosopher%29
Q : Supremacy of the Constitution : Meaning and importance along
with the Supreme Court decisions
Ans :

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hypothesis --https://en.wikipedia.org/wiki/Constitution_of_India

3) Democratic Systems and Constitutional Doctrines :

3..1)

Democracy: Parliamentary Democratic System vis--vis

Presidential Democratic System, Merits & Demerits

3..2)

Doctrine of Separation of Powers : Legislature, Judiciary

& Executive

3..3)

Doctrine of Eclipse: Application and Importance

3..4)

Doctrine of Waiver of Fundamental Rights :

Circumstances

3..5)

Principle of Rule of Law, application in India and other

countries, importance,

3..6)

Procedure established by law (under Article 21):

Meaning, interpretation by the Judiciary and its importance

Q : 2013, 4, 5 : Explain in detail the parliamentary democratic

system and presidential democratic system. Distinguish between
them. Advantages and disadvantages.
Q : 2014 : Which is the best system as per your opinion? Answer
with reasons.
Ans :
hypothesis --https://en.wikipedia.org/wiki/Democracy#Types_of_democracies
Differences between Parliamentary democratic system and
presidential democratic system :
https://www.quora.com/How-different-and-similar-are-thepresidential-and-parliamentary-government-systems-and-whatshould-they-understand-about-each-other
In a Parliamentary System, every election can change who
has executive power (Prime Minister),

whereas in a Presidential System, only presidential

elections can do that (short of impeachment)

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In a Parliamentary System, the entire country doesn't usually
get to vote for the executive by name (except Israel),

but in a Presidential System, the entire country does

get to vote for a specific leader by name.

In a Parliamentary System, it is the elected legislators that

serve in the executive roles in the government, from the top
spot to the cabinet posts. Therefore all were directly elected in
some way, just not to the specific post (but they were only
elected from the region they originally represented).

In a Presidential System, the executive is elected to

their position in a national election, but the leaders of
the key cabinet posts need not have ever been
elected.

In a Parliamentary System, elections can be called and held at

previously unscheduled times (not necessarily true in all
systems),

in a Presidential System, elections are held on strict

schedule that doesn't generally change.

In a Parliamentary System, the head of state is usually a

different person than the head of government (not in every
country). The HOG is often vested with more official power,
but holds that position for a relatively short time.

In a Presidential System, the head of state and head

of government tends to be the same person.

In a Parliamentary System, minority groups can form third,

fourth, and fifth parties and have much more influence i

In a Presidential System where third parties are

marginalized (many complexities here). A vote for a
third party in a Presidential System is arguably a
wasted vote, but not so in a Parliamentary System
where third parties often join and influence
governing coalitions.

In a parliamentary system, the ruling party or coalition pretty

much get to govern the way they want. They can swiftly pass
whatever laws and policies they want. It is thus reasonable to

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hold them totally accountable for the results of their
government.

In a presidential system, the legislature and the

executive do not have to be aligned and often work
against each other. Policy implementation can be
much slower and more moderated, at least in the US
system. Therefore, there is frequently not just one
party in power at a time and the executive should
not be fully blamed (or credited) for the outcome of
their time in office because many of their preferred
policies were never actually implemented. In fact, in
the US variant of the presidential system, a
legislature held by a different party, even (or
especially) if only one chamber, has political
incentives to effectively sabotage the outcomes of
the other side, even almost blatantly, because when
power is fragmented, the executive (and his/her
party) will be held accountable for any perceived
failures, even when the opposition significantly
contributed to them.

Q : 2013, 4, 5 : Explain in detail the doctrine of separation of powers

and its importance in maintaining healthy democracy in india.
Ans :
hypothesis --http://www.legalservicesindia.com/article/article/administrativelaw-separation-of-powers-1878-1.html
Q : 2013, 4, 5 : Explain : Doctrine of eclipse and its application.
Ans :
Read from annotated Doctrine-of-eclipse.pdf
Q : 2013, 4, 5 : What is doctrine of waiver of fundamental rights?
Discuss the legal status of right to die / mercy killing in india
taking in to consideration above doctrine and judicial approach.
Ans :

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Doctrine of Waiver of Right: It provides that a person has the
liberty to waive the enjoyment of such rights as are conferred on
him by the state, provide that such person must have the
knowledge of his rights and the waiver should be voluntarily,
However, citizens cannot waive of any of the fundamental rights.
Distinguish between rights and fundamental rights
hypothesis --http://www.legalservicesindia.com/article/article/waiver-offundamental-rights-203-1.html
or read on for alternate answer
Definition The Doctrine of Waiver of seems to be based on the
premise that a person is his best judge and that he has the
liberty to waive the enjoyment of such rights as are conferred on
him by the state.
Blacks Law Dictionary defines Waiver as the voluntary
relinquishment or abandonment (express or implied) of a legal
right or advantage. It also says that the party alleged to have
waived a right must have had both knowledge of the existing
right and the intention of forgoing it.
Various Legal luminaries and scholars have also tried to explain
the Doctrine of Waiver.
1. William R. Anson

The term waiver is one of those words

of indefinite concoction in which our legal literature abounds;

like a cloak, it covers a multitude of sins.
2. Restatement (Second) of Contracts

Waiver is often

inexactly defined as the voluntary relinquishment of a known

right. When the waiver is reinforced by reliance, enforcement
is often to rest on estoppel. Since the more common
definition of estoppel is limited to reliance on a
misrepresentation of an existing fact, reliance on a waiver or
promise as to the future is sometimes said to create a
promissory estoppel. The common definition of waiver may

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lead to the incorrect inference that the promisor must know
his legal rights and must intend the legal effect of the
promise. But it is sufficient if he has reason to know the
essential facts.

3. Keeton Waiver is often asserted as the justification for a

decision when it is not appropriate to the circumstances.

4. Farnsworth on Contracts Although it has often been said

that a waiver is the intention relinquishment of a known
right, this is a misleading definition. What is involved is not
the relinquishment of a right and the termination of the
reciprocal duty but the excuse of the non-occurrence of or
delay in the occurrence of a condition of a duty. American
Conception of Doctrine of Waiver

In the famous case of Miranda v. Arizona , the Supreme Court

laid down certain requirements known as theMiranda Rights.
These requirements include stipulations such as the right to
remain silent and that they may have an attorney present
questioning. However, in USA, a Criminal Defendant may waive
the right to remain silent as well as the other Miranda Rights
and make a confession, but the Prosecution must demonstrate
to the court that the waiver was the product of a free and
deliberate choice rather than a decision based on intimidation,
coercion, force or deception. It must also be proved that the
defendant was fully aware of the Miranda rights being
abandoned and the consequences thereof.

Doctrine of Wavier in India There have been plethora of cases

that have discussed the doctrine of Waiver. Some of the
important ones are.
1. Jaswantsingh Mathurasingh & Anr. v. Ahmedabad Municipal
Corporation & Ors. In this case, the court said that
everyone has a right to waive an advantage or protection
which seeks to give him/her. For e.g. In case of a TenantOwner dispute, if a notice is issued and no representation is
made by either the owner, tenant or a sub-tenant, it would

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amount to waiver of the opportunity and such person cannot
be permitted to turn around at a later stage.
2.Krishna Bahadur v. M/s. Purna Theatre & Ors. This case
made a differentiation between the principle of Estoppel and
the principle of Waiver. The court said that the difference
between the two is that whereas estoppel is not a cause of
action; it is a rule of evidence; waiver is contractual and may
constitute a cause of action; it is an agreement between the
parties and a party fully knowing of its rights has agreed not
to assert a right for a consideration .

The court also held that : A right can be waived by

the party for whose benefit certain requirements or
conditions had been provided for by a statute subject
to the condition that no public interest is involved
therein. Whenever waiver is pleaded it is for the
party pleading the same to show that an agreement
waiving the right in consideration of some
compromise came into being. Statutory right,
however, may also be waived by his conduct.

3. Municipal Corporation of Greater Bombay v. Dr. Hakimwadi

Tenants' Association & Ors. This case said that even though
Waiver and Estoppel are two different concepts, still the essence
of a Waiver is an estoppel and without Estoppel, there cannot be
any Waiver. The court also said Estoppel and waiver are
questions of conduct and must necessarily be determined on the
facts of each case.
Doctrine of Waiver and Fundamental Rights in India :

Fundamental Rights are the most special of the rights in

Indian Context. These rights though sacrosanct are not
absolute in nature. Our Constitution imposes various imposes
various reasonable restrictions upon the exercise of
fundamental rights.

As stated above, we saw that a right can be waived subject

to the condition that no public interest is involved therein.
However, the scope of the Doctrine of Waiver with respect to

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Fundamental rights is a bit different. It was discussed in the
case of Basheshr Nath v. Income Tax commissioner . The
Court said that:
Without finally expressing an opinion on this question we are
not for the moment convinced that this Doctrine has any
relevancy in construing the fundamental rights conferred by
Part III of our Constitution. We think that the rights described
as fundamental rights are a necessary consequence of the
declaration in the preamble that the people of India have
solemnly resolved to constitute India into a sovereign
democratic republic and to secure to all its citizens justice,
social, economic and political; liberty, of thought, expression,
belief, faith and worship; equality of status and of opportunity.
These fundamental rights have not been put in the
Constitution merely for the individual benefit though
ultimately they come into operation in considering individual
rights. They have been put there as a matter of public policy
and the doctrine of waiver can have no application to
provisions of law which have been enacted as a matter of
Constitutional policy. Reference to some of the articles, inter
alia, Articles 15(1) 20, 21, makes the proposition quite plain.
A citizen cannot get discrimination by telling the State 'You
can discriminate', or get convicted by waiving the protection
given under Articles 20 and 21.
We find that the primary objective of Fundamental Rights is
based on Public Policy. Thus, individuals are not allowed to
waive off such fundamental rights. Also, it is the constitutional
mandate of the Courts to see that Fundamental Rights are
enforced and guaranteed even if one might wish to waive
them
Q : 2014 : Explain the principle of rule of law and its implications in
india.
Ans :
hypothesis - https://en.wikipedia.org/wiki/Rule_of_law
ketan.bhatt@hypothesis - http://www.lawnotes.in/Rule_of_Law

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eg kesavananda bharati constitution is supreme
Q : 2014, 5 : Explain with decided cases the meaning and
importance of the words, procedure established by law under Art21 of the constitution of india and taking in to consideration relevant
judicial pronouncements.
Ans :
hypothesis - http://www.clearias.com/procedure-established-bylaw-vs-due-process-of-law/
also include discussion on Art-21 from const-I
very good 7 page article at
http://manupatra.com/roundup/323/Articles/due%20process
%20of%20law.pdf
SUGGESTED READING :

L. S. Rathore & S.A.H. Haqqi : Principles of Political Theory and

Organization, Eastern Book Co.
Gilchrist, R. N. : Principles of Political Science
Laski, Harold J. : The State in Theory & Practice
Fairlie J. A. : Separation of Powers
Lindasay A. D. : Essentials of Democracy
Constitutional Law of India : D. D. Basu
Constitutional Law of India : V. N. Shukla
Constitutional Law of India : M. P. Jain
Constitution of India : J. N. Pandey
Constitution of India : P. M. Baxi
Constiution of India : Kailas Rai