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Welfare state and administrative law
The document discusses India as a welfare state and administrative law. It notes that India's constitution establishes it as a welfare state through provisions like the Directive Principles of State Policy and Fundamental Rights. It also discusses the growth of administrative law due to factors like the changing role of the state and the need for delegated legislation. Administrative law deals with the powers and functions of administrative authorities and remedies for abuse of power. Key points of delegated legislation and its criticism are also summarized.
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Welfare state and administrative law
- 1. WELFARE STATE AND ADMINISTRATIVE LAW PresentedBy Harikrishnan V S2 MBA , CET SOM
- 2. INTRODUCTION • The functionsof a state • Legislative • Executive • Judiciary • Legislative - Parliament • Executive - Prime Minister, Cabinet , Government Departments & Civil Service • Judicial - Supreme Court
- 3. WELFARE STATE • Isa concept of government in which the state plays a key role in the protection and promotion of economic and social well-being of its citizens. • Is based on the principles of equality of opportunity and equitable distribution of wealth. • Under this system, the welfare and well-being of its citizens is the responsibility of the state. • Such a government is involved in citizens lives at every level. • most of the modern democratic countries are 'welfare states‘
- 4. IS INDIA AWELFARE STATE? • India was not a welfare state before independence. • The Constitution makers were very much aware of India’s problems. That is why, they decided that India would be a welfare state. • “sovereign socialist secular democratic republic” • Accordingly, two specific provisions have been made in the Constitution to ensure social and economic welfare of the people of India – • Fundamental Rights • Directive Principles of State.
- 5. IS INDIA AWELFARE STATE? • A salient feature of the Indian constitution is the effort to establish a welfare state. (Preamble makes this clear) • Article 38 of the Constitution reads: “The state shall strive to promote the welfare the people by securing and protecting as effectively as it may, a social order in which justice-social economic and political-shall pervade all institutions of national life.” provides a broad framework for the establishment of the welfare state ideal. • Protection and special care of the weaker sections of the community is provided Article 46 - to protect them from social injustice and all forms of exploitation. • Reservation for the SC, ST and the other backward classes - to meet out social justice to them. • As a welfare State, India is committed to the welfare and development of its people, particularly the vulnerable sections . This section of the society constitutes nearly 85% of the population
- 6. FUNDAMENTAL RIGHTS • Embodiedin Part III of the Indian Constitution . • Acts as a guarantee that all Indian citizens can and will enjoy civil liberties and basic rights. • These civil liberties take precedence over any other law of the land. • Some of these important rights are: 1. Right to equality 2. Right to freedom 3. Right against exploitation 4. Right to freedom of religion: 5. Cultural and Educational rights 6. Right to constitutional remedies 7. Right to life • But this was not enough. Indian citizens also needed opportunities for economic and social development. That is why Part IV on Directive Principles of State Policy was included in the Indian Constitution.
- 7. DIRECTIVE PRINCIPLES OFSTATE POLICY • Embodied in Part IV of the Indian Constitution • Are guidelines to the central and state governments of India • The governments must keep these principles in mind while framing laws and policies to establish a just society in the country. • The main aim of these principles is to create social and economic conditions under which all the citizens can lead a good life. • Act as a check on the State; • Basic Objective is to create a “welfare” state.
- 8. TYPES OF DIRECTIVEPRINCIPLES • The Constitution does not classify them under different heads, but for our better understanding, we may classify them under the following specific categories: • Principles promoting social and economic equality; • Principles related to Gandhian thought; • Principles related to International peace and security; and • Miscellaneous Principles.
- 9. SALIENT FEATURES OFDPSP • The State, who is directed is defined in Article 12 (Article 36) • Directive principles are not enforceable by any court – but , it shall be the duty of the state to apply these principles in the governance - Article 37 • State has to secure a social order with economic, political and social justice - The state shall strive to minimize the inequalities of income, status, facilities, opportunities etc. (Article 38) • Article 39 says that state shall secure: • That all citizens (men & women) have equal right to means of livelihood. • That the ownership and control of the material resources are so distributed • they are best to sub serve the common good. • That the operations of the economic system don’t result in the concentration of wealth for some. • There is equal pay for equal work for men and women. • The health and strength of the workers (men & women) and children are not abused. • Children are given opportunities to develop in healthy manner and they are protected against the exploitation.
- 10. THE DISTINCTION BETWEENFUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES Fundamental Rights • meant for the citizen • Individualistic in nature. • Enforceable in the courts. • seeks to establish political democracy • enforceable by the courts • more precise and concrete Directive Principles Of State Policy • meant for the State • Socialistic in nature . • not enforceable in the courts. • seeks to establish social and economic democracy. • not enforceable by the courts. (none the less they are regarded as fundamental in the governance of the country.) • are of wider significance
- 11. IS “WELFARE STATE”A UTOPIAN CONCEPT? • Some nations believe that creating a welfare state is the proper role of any central government; few have managed to create efficient systems. They are unable to provide equitably for all their citizens, often leaving those most in need with the least. Rationing of goods and services also becomes a major problem when too many people depend on the welfare state. • All advanced societies view helping people who literally cannot help themselves as decent, humane, and necessary. Yet, another serious issue with the welfare state philosophy is that many people who are capable of caring for themselves have no motivation to improve their lives when they can depend on the government to provide for them. This often breeds resentment amongst those who do work when they are forced to pay for people who do not, via ever-increasing taxes. • Such a system can fuel class warfare and prevent equality instead of obtaining it. The concept of the welfare state may appear to be a good model on paper. The reality of creating a truly equitable state has thus far been impossible to achieve, however.
- 12. CONCLUSION AND OBSERVATION •The welfare state is such a convenient and elastic phrase • In the sphere of policies and legislation, it comes handy to the political reformers to push their pet schemes and proposals and denounce those of the opponents • To political parties and organs of fostering public opinion, it provides a cover for strategy and tactics to carry out several activities to attract the largest sections of voters
- 13. ADMINISTRATIVE LAW • Isthe law related with the administrative functions of the Government and its Departments. • Definition : - • Administrative law deals with the powers and functions of the administrative authorities , the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by these authorities.
- 14. ADMINISTRATIVE LAW • Administrativelaw deals with : 1. The powers and functions of the administrative authorities 2. The procedure to be followed by these authorities in exercising such powers. 3. The remedies available to the aggrieved persons , when the authorities abuse the powers.
- 15. REASONS FOR THEGROWTH OF ADMINISTRATIVE LAW • Change in the philosophy as to the role played by the state . • Inadequate judicial system – • Judiciary was slow , costly, un expert , complex and formalistic. • Overburdening of judicial system- speedy disposal was not possible - resulted in strikes and lock out in disputes between employers and employees. • As a result , industrial tribunals and labor courts were established – they possessed techniques and expertise to handle these complex problems. • Tribunals are not courts but executive authorities having judicial powers.
- 16. REASONS FOR THEGROWTH OF ADMINISTRATIVE LAW • Inadequate legislative process – • The legislative process was also inadequate. Legislature had no time and technique to deal with all the detailed rules and procedure. • Detailed procedure made by the legislature were found to be defective and inadequate. • All these resulted in the delegation of some legislative powers to the administrative authorities. • When rule making is done by the executive branch it is known as delegated legislation.
- 17. REASONS FOR THEGROWTH OF ADMINISTRATIVE LAW • Scope for experiments – • There is scope for experiments in administrative process • A rule can be made , tried for some time and if it is found defective it can be altered or modified within a short period. • Thus , legislation is rigid in character while administrative rule making is flexible.
- 18. REASONS FOR THEGROWTH OF ADMINISTRATIVE LAW • Preventive measures - • Administrative authorities can take preventive measures- licensing , rate fixing etc. • They can also take effective measures for enforcement of preventive measures like, suspension, revocation or cancellation of licenses , destruction of contaminated articles etc. These are not generally available through regular courts of law. • In most cases , such preventive actions prove to be more effective rather than punishing a person after he has committed a breach of any provision of law.
- 19. ADMINISTRATIVE LAW -SIGNIFICANCE • It is very significant because if it did not exist then the very concept of having a democracy and a government to work for the people would be self defeating because then there would be no responsibility or accountability of the public officials to anybody and the administration would run arbitrarily thus creating a huge monster that would eat up the very system. There would be an upset in the balance in areas such as police law, international trade, manufacturing, environmental, taxation, broadcasting, immigration, and transportation,etc.
- 20. CHANGING ROLE OFTHE STATE AND ITS IMPACT ON ADMINISTRATIVE LAW • Increasing trend towards privatization - resulting in a shrinking of the role of the State. • Some even argue : “Less Government is Good Government” (which reminds us of the supporters of laissez-faire theory) • But , even as role of State as service provider is shrinking , its role as a Regulator is retained and reinforced in a liberalized and privatized economy. • Governmental interventions in the form of price fixation , laying down conditions of license , presence of nominees on the Board of Directors of private enterprises , and regulatory authorities with enormous powers (TRAI , Electricity Regulatory Commissions) • Exclusive power of Maharashtra Electricity Regulatory Commission to determine the tariff was upheld by the Supreme Court in BSES Ltd. Vs M/s Tata Power Co.
- 21. DELEGATED LEGISLATION • Traditionaltheory of the separation of powers – law-making is primarily the function of the legislature. • But a strict adherence to this has become inpossible in a modern Welfare State due to : Volume of work – unable to cope up with Baffled by the complexity of the subject matter of legislation • Therefore the legislature was compelled to delegate part of the law- making functions to the executive. • The legislature does not abdicate its essential function but only authorizes a delegate to perform some subsidiary part of that function. • This helps , atleast in theory , to keep alive the doctrine of separation of powers.
- 22. DELEGATED LEGISLATION • Thefact that the executive when making a law is acting as a delegate of the legislature has given rise to the term ‘delegated legislation’ , and the thought that such legislation is subordinate to the laws made by the legislature has resulted in another term “subordinate legislation”. • Modern writers , however , prefer the term Administrative delegation to denote the exercise of law-making power by the executive.
- 23. DELEGATED LEGISLATION • Theterm delegated legislation may be used in two senses : • Exercise of the legislative power delegated to a subordinate authority by the legislature ; or • The subsidiary rules that are made by the subsidiary authority in pursuance of the power delegated to it by the legislature. In administrative law , we are more concerned with the exercise of law- making power by the administration , so the first meaning will be more applicable.
- 24. REASONS FOR DEVELOPMENTOF DELEGATED LEGISLATION • Attributed partly to the development of Welfare State and partly to the need to cope with emergencies of various kinds. • Following factors stress the necessity for delegation : • Pressure upon parliamentary time is great. • The subject matter of modern legislation is very often of a technical nature. • Impossible to foresee all contingenceies and local conditions for which provisions must eventually be made. • Is valuable because it provides for a power of constant adaptation to unknown future conditions without the necessity of amending legislation.
- 25. REASONS FOR DEVELOPMENTOF DELEGATED LEGISLATION • Following factors stress the necessity for delegation : • This practice permits the utilization of lessons learnt from experience.The advantage of this in matters such as Town Planning is too obvious. • In a modern State , there are many occasions when there is a sudden need of a legislative action . For many such needs , delegated legislation is the only convenient or even possible remedy. • It is vital for the Parliament to arm the executive Government in advance with almost all plenary powers to meet occasions of emergency which affect the whole nation.
- 26. CRITICISM OF DELEGATEDLEGISLATION • The present criticism about delegated legislation is mainly based on the following arguments : • Very wide powers may be delegated by the legislature. This will result in unreasonable action by the executive and endanger civic and personal liberties. • Control of delegated legislation by the legislature and the judiciary is not effective. There is a danger that the servant may be transformed into the master. Important to note that these arguments do not challenge the necessity of delegation , but only emphasise the need to limit the power of delegation and also to introduce effective controls on the exercise of powers.
- 27. METHODS OF DELEGATION •Power to fill in details • Most common type of delegation • Lack of time and difficulty to foresee further contingencies justify this type of delegation. • The usual formula is to state in Act that the Govt may make rules to ‘carry out the purposes of the Act’. • Also called skeleton legislation , because the legislature makes the law in a skeletal form , and it is the executive which provides flesh and blood to this skeleton.
- 28. METHODS OF DELEGATION •Power of Inclusion and Exclusion • the legislature makes the law , but the power to bring individuals , institutions or commodities within the purview of the stature or to exempt them is delegated to the executive. • For e.g. The Minimum Wages Act , 1948 , applies to employments mentioned in the Schedule , and the Govt is empowered to add any other employment to the Schedule or to delete any entry from the Schedule , thereby excluding any particular employment from the application of the Act. • If these are not followed , then the delegation is liable to be struck down.
- 29. METHODS OF DELEGATION •Power to Impose Tax • Though taxing power as such is not delegated to the executive , various methods are now adopted which pass on the effective powers to impose tax to the executive . Generally done by 2 methods : • A power to bring certain transactions or commodities under the tax or to exempt from tax is delegated. (similar to the power of inclusion discussed above) • The power to fix the rates of tax is delegated to the executive . Generally the statute fixes a maximum limit and allows the executive to vary the rates within that limit.
- 30. METHODS OF DELEGATION •Power to Modify the Statute • Considered the most drastic form of delegation . • The power to modify a statute is conferred on the executive for making necessary adjustments while extending it to new areas. • The most widely criticized form of delegating amending powers is called the Henry VIII Clause . • Here the legislature gives powers to the executive to make modifications in the Act to meet any difficulties. • This clause can be found in India in many statutes .
- 31. METHODS OF DELEGATION •Power to Bring an Act Into Operation • Power to extend the application of the Act • Conditional Legislation • Considered the most drastic form of delegation . • The power to modify a statute is conferred on the executive for making necessary adjustments while extending it to new areas. • The most widely criticized form of delegating amending powers is called the Henry VIII Clause . • Here the legislature gives powers to the executive to make modifications in the Act to meet any difficulties. • This clause can be found in India in many statutes .
Editor's Notes
- #4 The British rule was not very interested in protecting and promoting the welfare of the people. Whatever it did was in keeping with the interests of the British colonial government and not in the interests of the people of India. When India attained independence, it had innumerable problems and challenges. The social and economic inequality was all pervasive. Economically, India’s situation was miserable. Socially also India was having a number of problems. There were social inequalities and all the vulnerable sections of the society such as women, dalits, children were deprived of basic means of living. The Constitution makers were very much aware of the problems. That is why, they decided that India would be a welfare state. As you must have seen, India is described as a “sovereign socialist secular democratic republic” in the Preamble of the Indian Constitution. Accordingly, the Constitution has extensive provisions to ensure social and economic welfare of the people of India. In this regard two specific provisions have been made, one in the form of Fundamental Rights and the other as Directive Principles of State Policy. The Fundamental Rights embodied in Part III of the Indian Constitution act as a guarantee that all Indian citizens can and will enjoy civil liberties and basic rights. These civil liberties take precedence over any other law of the land. They are individual rights commonly included in the Constitutions of liberal democracies. Some of these important rights are: equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights. But this was not enough. Indian citizens also needed opportunities for economic and social development. That is why Part IV on Directive Principles of State Policy was included in the Indian Constitution.
- #5 India was not a welfare state before independence. The British rule was not very interested in protecting and promoting the welfare of the people. Whatever it did was in keeping with the interests of the British colonial government and not in the interests of the people of India. When India attained independence, it had innumerable problems and challenges. The social and economic inequality was all pervasive. Economically, India’s situation was miserable. Socially also India was having a number of problems. There were social inequalities and all the vulnerable sections of the society such as women, dalits, children were deprived of basic means of living. The Constitution makers were very much aware of the problems. That is why, they decided that India would be a welfare state. As you must have seen, India is described as a “sovereign socialist secular democratic republic” in the Preamble of the Indian Constitution. Accordingly, the Constitution has extensive provisions to ensure social and economic welfare of the people of India. In this regard two specific provisions have been made, one in the form of Fundamental Rights and the other as Directive Principles of State Policy. The Fundamental Rights embodied in Part III of the Indian Constitution act as a guarantee that all Indian citizens can and will enjoy civil liberties and basic rights. These civil liberties take precedence over any other law of the land. They are individual rights commonly included in the Constitutions of liberal democracies. Some of these important rights are: equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights. But this was not enough. Indian citizens also needed opportunities for economic and social development. That is why Part IV on Directive Principles of State Policy was included in the Indian Constitution.
- #6 The Preamble and the Directive Principles of State Policy make it amply clear our goal is a welfare and socialist state through democratic means. Protection and special care of the weaker sections of the community is provided Article 46 . which directs the state to promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the scheduled castes a the scheduled tribes, and to protect them from social injustice and all forms of exploitation. . India is a country which has accepted the notion of Welfare State by accepting the liability towards securing the public welfare and to sub-serve the interest of all citizens.
- #8 DIRECTIVE PRINCIPLES OF STATE POLICY As we have seen in the Lesson on ‘Fundamental Rights and Fundamental Duties’, the fundamental rights provided in the Indian Constitution are primarily political rights. The Constitution makers were well aware that even if all the fundamental rights are truly enforced, the goals of Indian democracy would not be realized unless the people of India could avail of social and economic rights. However, they were also alive to the limitations of the abilities of Indian state which attained independence after centuries of foreign rule and was at a low level of socio-economic development. In that situation, if the economic and social rights had been included in the list of fundamental rights, the Indian state would have failed to enforce these rights because of its own limitations. But at the same time, these rights needed to be given special importance. This was done by including a separate Chapter as Part-IV known as the Directive Principles of State Policy in the Constitution The Directive Principles of State Policy are guidelines to the central and state governments of India. The governments must keep these principles in mind while framing laws and policies. It is true that these provisions of the Constitution of India are non- justiceable, which means that these are not enforceable by any court of law. But the principles are considered fundamental in the governance of the country. It is the duty of the central and state governments to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles stated in the Constitution of Ireland and also by the principles of Gandhian philosophy. The main aim of these principles is to create social and economic conditions under which all the citizens can lead a good life. In other words it is to establish social and economic democracy in the country. These principles act as a yardstick in the hands of the people to measure the performance of governments in respect of achieving the objective. All executive agencies have to be guided by these principles. Even the judiciary has to keep them in mind while deciding cases. The Directive Principles of State Policy have been listed in the Constitution under articles 36 to 51. A new directive was added by Forty Second Amendment. It speaks about the duty of the state to protect and improve the environment and to safeguard the forests and wild life of the country. Act as a check on the State; theorised as a yardstick in the hands of the electorate and the opposition to measure the performance of a government at the time of an election
- #9 Principles promoting social and economic equality --- There are certain principles that are very important for realizing the goals of social and economic democracy in India. Many people in India have been suffering from social and economic inequalities since ages. The following principles, in particular, are aimed at ensuring economic and social equality: The state should ensure for its people adequate means of livelihood. The state should ensure fair distribution of the material resources of the country for the common good. The state should distribute the wealth in such a way that the wealth is not concentrated in a few hands. There should be equal pay for equal work for both men and women. The state is directed to take steps to impart compulsory and free education to the children up to the age of 14 years. The state should try to secure participation of workers in the management of the factory. Childhood and Youth should be protected against exploitation. Men, women and children should not be forced by economic necessity to enter jobs and vocations not suited to their age or strength. The state should ensure to the people (a) the right to work (b) the right to education (c) the right to state assistance in cases of unemployment, old age, sickness and disablement. The state should make provisions for securing just and humane conditions of work for the workers and maternity relief for women. B. Principles related to Gandhian thought --- ---------------------------------------------- Gandhian thinking promotes a non-violent social order. Swaraj ( Self-rule) , Sarvodaya ( welfare for all ) and svavlambam(self-reliance) are the basic principles of Gandhian thought. We are all well aware that Mahatma Gandhi was in the forefront of freedom movement. His philosophy and actions guided not only our freedom movement but also the framing of the Indian Constitution. The following Directive Principles in particular reflect Gandhian thought: The state shall promote the educational and economic interests of the weaker sections of the society and in particular the interests of the scheduled castes and scheduled tribes. The state shall take steps to organize the village panchayats. These panchayats should be given such powers and authority as may be necessary to enable them to function as units of self government. The state shall make efforts to prevent the consumption of alcoholic drinks and other harmful drugs. The state shall try to promote cottage industries in rural areas. The state shall take steps to improve the quality of livestock and ban the slaughter of cows and calves and other milch and draught cattle. C. Principles related to International Peace and Security --- The Constitution makers included some principles which provide guidelines to our foreign policy. These are: -------------------------------------------------------------- The state shall promote international peace and security. The state shall endeavor to maintain just and honorable relations with other nations. The state shall foster respect for international laws and treaty obligations. The state shall encourage settlement of international disputes by arbitration, i.e. mutual agreement. D. Miscellaneous Principles ---- Besides, there are some notable Directive Principles which do not come under any of the above mentioned categories. These are as follows: The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. The state shall take steps for the maintenance and protection of the historical monuments, places or objects of national importance. The state shall aim at establishing a uniform civil code for all citizens throughout the country. The state shall take steps to separate the Judiciary from Executive
- #11 The Directive Principles of State Policy differ from the Fundamental Rights in the following respects, though both aim to ensure happiness among common people. The differences are discussed as follows – · Fundamental Rights are meant for the citizen while Directive Principles of State Policy are meant for the State. They are some socio-economic instructions for the establishment of a welfare State. · Fundamental Rights are individualistic and meant for individual citizens. On the other hand, Directive Principles of State Policy are socialistic in nature and want to establish equality and justice in the society. · Fundamental Rights are enforceable in the courts. Individual can move to the court seeking legal assistance if Fundamental Rights are usurped by force. On the other hand Directive Principles of State Policy are not enforceable and no one can go to the courts to compel the State for their proper implementation. · Fundamental Rights are automatically enforced. While Directive Principles, on the other hand, need legislation for their proper implementation so long as there is no law carrying out the policy laid down in the Directive Principles. · Fundamental Rights seek to establish political democracy while directive principles seek to establish social and economic democracy. · Some Fundamental Rights are positive and some are negative in nature. On the contrary, almost all Directive Principles are positive in character. · Fundamental Rights are political in character. These rights guarantee Some democratic rights to the citizen. On the other hand contrary, Directive Principles are economic in nature and want to ensure economic security of the people. · Some Fundamental Rights of the citizens remain suspended during national emergency. But the question of suspension of Directive Principles does not arise during emergency or in any time. · Fundamental Rights are not absolute and citizens are subject to reasonable restrictions. On the other hand, Directive Principles are not subject to any constitutional limitations. Based on political will the government may or may not implement them · Fundamental Rights are enforceable by the courts and the courts are bound to declare as void any law that is inconsistent with any of the Fundamental Rights On the other hand, Directive Principles are not enforceable by the courts and the courts can not declare as void any law which in conflict with any of the Directive Principles. · In case of conflict between Fundamental Rights and Directive Principles, the former gets supremacy in the court. Every legislation made to implement Directive Principles of State Policy is subject to scrutiny of the court to determine whether it is violative of the Fundamental Rights, particularly Article 14 and Article 19. · Fundamental Rights are more precise and concrete while Directive Principles are of wider significance. Despite so many differences between two, Fundamental Rights and Directive Principles are closely connected to each other. Both concepts constitute an indispensable part of the Constitution and are fundamental for proper development of our country
- #13 The welfare state is such a convenient and elastic phrase that it is tailored to fit various developments in the social and economic fields. To some, the definition of the state assumes a welfare state. To others the concept is related to the extension of administrative activity of the state. Some highlight its close link with the organization and reform of local government. In the sphere of policies and legislation, it comes handy to the political reformers to push their pet schemes and proposals and denounce those of the opponents. To political parties and organs of fostering public reforms to push their pet schemes and proposals and denounce those of the opponents. To political parties and organs of fostering public opinion, it provides a cover for strategy and tactics to carry out several activities to attract the largest sections of voters. Its vastness, as also its vagueness, no doubt, is phenomenal. It is claimed to be an operative ideal for all sorts of ideological platitudes. It has no fixation of outline or a conceptual precision. In its ambiguity lie its uses. Because the word “welfare” defied accurate characterization, the type of changes in society that the term envisages is inexact; its connotation is subject to conflicting interpretations. Any state can be called a welfare state just as any ruler can claim to represent, what Rousseau called, “the general will”. It is difficult to establish a criterion or criteria appropriate to the concpt of welfare state. Its connection with the concepts of “social justice” or “egalitarianism” is both complx and tenuous. On account of the ephemeral and obscure nature of the concept, the welfare state has become everybody’s cup. Each party finds words in justification of the welfare state. For conservatives, state provision comes to assume the character of a “Brummagem bulwark protecting property from the inroads of socialism”; for liberals, the welfare state has warded off the fear of communism and nihilism which stalked the land; and for Laborites, the discomfiture of the title “socialists” is allayed by the adoption of a respectable name. Because the word “welfare” defied accurate characterization, the type of changes in society that the term envisages is inexact; its connotation is subject to conflicting interpretations. It is difficult to establish a criterion or criteria appropriate to the concept of welfare state. On account of the ephemeral and obscure nature of the concept, the welfare state has become everybody’s cup. Each party finds words in justification of the welfare state. The keynote of the concept of the Indian welfare state consists, precisely, in its individualistic ethics blended with the welfare functionalism and free competitive economy. The activities of the Indian state chase the changing needs of society to a somewhat setted equilibrium. In this sense, the concept of the welfare state has been the leading theme of contemporary social history and political theory in India.
- #14 The Law involves the study of the following broad topics: Check abuse or detournement of administrative power Ensuring citizens an impartial determination of their disputes by officials Protect citizens from unauthorized encroachment on their rights and interests Make those who exercise public power be accountable to people
- #16 Change in the philosophy as to the role played by the state – The traditional and minimum function of a state is defense and administration of justice. Now it is being extended to a Welfare State. So there is a demand by the people that the government must solve their problems rather than merely define their rights. Thus burden on each of the organs of the government increased .
- #18 Change in the philosophy as to the role played by the state – The traditional and minimum function of a state is defense and administration of justice. Now it is being extended to a Welfare State. So there is a demand by the people that the government must solve their problems rather than merely define their rights. Thus burden on each of the organs of the government increased .
- #19 Change in the philosophy as to the role played by the state – The traditional and minimum function of a state is defense and administration of justice. Now it is being extended to a Welfare State. So there is a demand by the people that the government must solve their problems rather than merely define their rights. Thus burden on each of the organs of the government increased .