Name:sakshi adatia date:8 nov 2017

Batch:ba-llb subject:political science

______________________________________________________________________________

Q.2. Establish the relationship between politics and law?

Defining legal relations with politics is a complex task due to difference of opinion, knowledge and
social environments of individual and groups but it is important to know what led to evolution of
relationship between politics and law which are two separate and broad concepts. To trace a
relationship between politics and law, it is important to know how the history of law has evolved. The
history of law began through various decades and centuries and links very closely to the development of
civilization. Dating back as far as around 300 B.C,In the ancient Egypt a civil code was formed which was
the first text in legal education.The history is just not limited to Egypt but it also expanded to Rome
where the law was heavily influenced by the Greek philosophy,but its detailed rules were developed by
professional jurists and were highly sophisticated where as the ancient India and China represent
distinct traditions of law where independent schools of legal theory and practice have evolved.If we talk
to the laws in British ruled India to the laws after Independence.

When we refer to politics, it is important to go through various perspectives. We can say is politics to an
activity associated with the governance of a country or area. Or we can also define it as the process of
making decisions that apply to members of a group. But the overall main objective of politics is to
organize control over a human community for distribution of power and allocation of resources .The
origin of politics takes place in the ‘’Art of Warfare”... Historically speaking, all political communities of
the modern type owe their existence to successful warfare. But when we study politics, it is also
important to know about the term ‘political relations’ which has changed the old notion of politics and
created a new dimension where the world has come more closer to each other and the countries stand
by each other in times of hardships,war,natural calamities and even have given rise to a new concept
called diplomacy where countries face each other in diplomatic war rather than a civil war so political
relations have created a new dimension and approach.
Law is a very important aspect of the society to maintain peace and order.We can define law as the
system of rules which a particular country or community recognizes as regulating the actions of its
members and which it may enforce by the imposition of penalties either it can be also defined as a
system of rules that are created and enforced through social or governmental institutions to
regulate . Law as a system helps regulate and ensure that a community show respect, and equality
amongst themselves. State-enforced laws can be made by a collective legislature or by a single
legislator, resulting in statutes, by the executive through decrees and regulations, or established by
judges through precedent, normally in common law jurisdictions. Private individuals can create legally
binding contracts, including arbitration agreements that may elect to accept alternative arbitration to
the normal court process. The formation of laws themselves may be influenced by a constitution,
written or tacit, and the rights encoded therein .
Political science has a relationship in the study of law. A stable political system exists once the law is properly
implemented in a civilized state. In the branches of government, its political functions and powers are defined by
law. The definition of law is a rule of conduct legitimatelyimplemented by those with political power and authority
 that are just and obligatory for the common welfare of the state and here are a few facts which established the
relationship

(1).Criminal law defines as the violation or sanction of crimes committed based on the interest of the state in
order to secure peace and order of the society. These are the preservation of the rights and privileges that are
violated by individual such as crimes as homicide, murder, physical injury, rape, arson, malversation of public
funds, and rebellion . The application of this category is the enforcement of laws to secure peace and order in
the community. The government has to reinforce the security of the society by law enforcement agencies such
as the police agencies and armed forces. It is the responsibility of the judiciary ( through the courts)to the
interpretation of specific crimes committed by individuals.

(2). International Law addresses the regulation of diplomatic relations and the varied political and
economic issues in the intercourse among nations. These are international regulation of state
along territorial jurisdictions, diplomatic relations, employment regulations, economic embargo
and tariff regulations and etc.

(3) The constitutional law and administrative law. It studies the governmental organization and
administration along the constitution processes and systems; and administrative regulation. In
constitutional law, it relates the construction, enactment and interpretation as to the legality and
application of laws of the state. While administrative law applies the execution of law and determine its
violation of rights of the authorities.

(4) .Private law relates the concern on private matters as provided by the statute of the state. There are
two areas in this law : (1) civil law which relates to the concern of family and the protection of the
private interest of individual; and (2) commercial law which deals with the legal concern on commerce
and industry.

(5). Remedial law deals with rules and regulation in all courts. It is more on judicial matter that this law
is implemented in the court pleading and procedures.

we examine some basic characteristics of the relationship between national and international law and
politics. The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an
obstacle. First, politics can define certain predominantly legal values or institutions as its goal. In this case
the political understanding of these values or institutions becomes almost identical to an authentic legal
understanding of the same values or institutions. Second, politics can comprehend the law merely as a
means for the fulfillment of certain political interests. In this case politics is neutral in its attitude toward
the law. Finally, politics can interpret law as an obstacle on the way toward the realization of certain
political goals. In this situation either politics prevails over law, or vice versa. In the first case politics
effectuates its solutions at the expense of the rule of law, while in the second case the autonomy of law is
preserved through the decisions of the highest courts or by other actions taken by lawyers, intellectuals,
associations, organizations, and the public in order to stop illicit acts of political actors. Law and politics
create their own particular pictures of reality. Sometimes those pictures overlap, sometimes they differ.
Yet, there is something that the law should never include in its sphere; namely, the differentiation of
adversaries according to a purely political criterion. This leads to a strict separation between "ours" and
"yours", or, in its most radical expression, to a strict separation between friend and enemy. When the latter
occurs, politics inevitably prevails over the law, and reduces or damages the autonomy of the rule of law
but there are several negative aspects of law and politics such as:

 Dynasty politics –One of the most negative things about politics is that it follows the dynasty
nature. A maximum chunk of Indian Politicians with MPs has previous connections to
politics. As a result of this, other leaders don’t get a chance. This serves as impartiality in
 Politics which is a very negative point.and when the law intervenes there is no action
possible because the politicians use it for their own benefits
 Corruption – A word with which everyone today is familiar with. Thanks to the politics, it
has been quite deep rooted in the present culture. This is nothing but a result of negative
politics when leaders try to use politics as a reason to draw in all the money for themselves.
This is done by many and is unfortunately the worst effect of politics,the law here fails to
provide justice as big names are involved
 Pricing of votes – Democracy may promote an equal right to everyone to vote. But looking
on the negative side, most votes today are bought. Setting a price on the votes, they are easily
bought and favored under with the help of a few pricy notes. Not only foes this promotes
corruption, but also granting of power to undeserving leaders.and there are no rules and
regulations for the same
 Cyniscism:– Politics have surely introduced basic human rights such as the RTI (Right to
Information). But it is hardly used, thanks to the political threats and all the run-through. The
negative effect of politics ponders over the people and they are drawn to the fearful side
where the RTI cannot be used by a common man.
 Power To Powerful – Politics is the dirt land where the powerful holds all the power and the
common man holds all the sufferings. Politicians and people belonging to strong political
backgrounds and families hold all the power and can most likely make anything happen.
Amidst all of this, the common man is bound to suffer. This is one of the worst negative
effect of the politics.
 NO General Participation – It can be very well seen that people and politicians never
interact apart from the time of elections. Being a negative thing, this is also the most obvious
reasons why people and politicians do not mix. There’s no sharing of ideas or insights and
both are unaware of each other’s actions or needs.

To establish a relationship between law and politics we must go through the basic idea that
politics and law are two seprate topics but play a major role in maintaining peace and
harmony among the world,lets take the example of Kulbhusan Jadhav,an Indian army officer
who was arrested in Balochistan(Pakistan) on the charges of terrorism and spying for the
Indian Research and Analysis Wing by Pakistan for their political tensions with India and when
India approached the country for his release but when the country refused and decided to
hang him,Indian government approached International Court of Justice,the law favoured India
and pakistan had to reverse its decision.we can clearly see that the political relations were
the reason for hanging Jadhav but when law was brought into the situation ,justice was
given.We clearly see a relationship between law and politics here but this was just one
aspect.The other side of the aspect is that politics has disturbed the main pillar of law which
is to provide justice.But todays scenario is such that people use law for their own personal
benefits .politicians who have criminal cases against them even stand in election because the
laws are so weak that people misutilise their power and positionIn the end we can conclude
that there exists a both positive and negative relationship between law and politics but it is
upto us how we use law to benefit the society rather then our indivudial motives because
Henry Ford once said” If everyone is moving together,then success takes care of itself”s
CONCLUSION:

Law and politics are very important part of the society and shall prevail in the society till it exists but
what is more important is that we strike a balance between both of them as it is a democratic society
and everyone has got the right to express their viewpoints but it is not necessary that it would not be
used for personal benefits so there shall exist a law which is working for justice and everyone is equal
and politics in future Is for welfare.Henceforth when I come to conclude what I have learnt in the above
written answer is that we would find politics in every sphere of our lives where sometimes it would have
a positive impact and sometimes negative impact but the aim would always be betterment of the
society.I have come to a conclusion through examples of Kulbhushan Jadhav and also discussed the
criminal cases against politicians where there were both optimistic and pessimistic viewpoint which
leads me to establish a relationship between law and politics and I coclude that optimism leads to
achievement so we should have faith and mark a new beginning