Political Obligation

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 is 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
and 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 king 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 resilience 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 some 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 On The Origin Of The State Theories of Political Obligation
Idealistic theory Traditional Theory Consent theory Divine Right 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
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 of 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 & their rights
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
• 170 0 190 0 Kant (1724- 1804) Germany England Bentham
(1748- 1832) Mill (1806-1873) Jefferson (1743- 1826) America
For comparison Lincoln (1809-1865) Mozart (1756- 1791)
• 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.