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The state orders, levies taxes, makes laws, imposes penalties, controls
property, establishes borders, and sometimes uses force. For this reason,
the fundamental philosophical question of the state is why this coercive
power is justified. The state is there, so don 't take it as an excuse. Power
and legitimacy are two different things.
39.1 Security: The Questions of Hobbes
Hobbes fears a state of insecurity and seeks justification for strong
sovereign power. Security is, of course, a basic requirement of political
life. But security alone is not enough. Prisons can also be very safe, but
not a free society. Security itself can become a source of fear for citizens
if the state assumes unchecked power in the name of security.
39.2 Right: The direction of the lock
Locke justified political power in terms of the preservation of life, liberty,
and property. The legitimacy of the government is linked to the consent
and sovereignty of the governed. A serious contribution of this tradition
is that the state is not the master of the citizen. the power of the
government is purposeful and limited.
39.3 Rousseau and self-government
Rousseau 's question is not merely one of fewer states: whose will does
the law really express; if citizens themselves participate in law-making
as equal members, the meaning of political obedience changes. But
collectivism can become oppression when the majority or ruling class
impose their will in the name of the common good.
39.4 Legitimacy and moral legitimacy
A law may be passed by due process, but may still be unfair. The history
of slavery, caste exclusion, women 's rights-defying and colonial laws
shows that legal legality and moral justice are not the same. Therefore,
the duties of civil obedience are not absolutely unlimited.
39.5 Public Justification
Parallel philosophy asks for a public reason from the state. Why is there
a limit to freedom? Why should I do it? Why there is a need for
surveillance Why the Land Acquisition Act Why the Language Policy?
The reasons for decisions affecting the lives of citizens must be public,
verifiable and fair on equal footing. The interests of the state are not the
final answer.
39.6 The welfare state of the minimal state
One view holds that the state should be limited primarily to
protectionism, contracts, and rights-protection. Another view holds that
real freedom requires education, health, social security, and a minimum
of economic opportunities; therefore, the state must play a positive role.
Parallel philosophy examines influence, resources, capability, and
dignity in this debate. The more or less fundamental question is whether
the state 's power is accountable, transparent and equally dignified.
39.7 Federalism: Localism and Multicentric Power
When power is highly centralized, local knowledge can override
language and needs. But local power can also lead to caste, gender, or
community oppression. Multicentric democracy, therefore, does not
merely mean decentralisation. local autonomy + fundamental rights +
responsibilities + judicial security.
Pūrvapakṣa (Prima Facie View): Without a strong kingdom, the system will fall apart.
Uttarapakṣa (Response): Strong institutions are needed, not uncontrolled states. The
greater the power, the greater the need for scrutiny and accountability.
39.13 Cognitive Limits of the State
The state possesses extensive data collection expertise and coordination,
but lacks the granular knowledge of local life. The Centre 's policies may
fail to capture the imagination of the average person across diverse
geographies and languages. The capacity of the state and ignorance must
be acknowledged at the same time.
A local consultation is not just a formal meeting after a decision has been
made. Those affected may participate in defining the problem, making
choices, and checking results. However, the local opinion itself is not
factually accurate. there will be limits to independent measurement and
authority.
The epistemic polite state publishes reasons, formulates testable policies,
admits errors and lays down ways for improvement. Continuing a failed
policy to save face destroys public trust.
39.14 Taxes and mutual obligations
Taxes are not just a forced reduction of a person 's wealth; they are the
financing of social conditions - laws, money, roads, education and
security. However, the powers of the state are not unlimited. The use and
processing of the tax burden demands public justification.
Equal pay sometimes creates a disproportionate burden because the
same amount of living resources is reduced for individuals with lower
incomes. Progressivity, consumption taxes, property taxes and service
charges give different distributive results. Claims for justice should be
checked against real data and administrative capacity.
Tax compliance is closely related to trust. Corruption and opaque
spending or special party favors undermine civic duty. Accountability is
the moral basis of a citizen, not the antithesis of their tax obligations.
39.15 Borders and Migration and the Rights of the State
The state controls the border, but a person crossing the border is not
without rights. The question of security, labour, asylum and family
creates a tension between state self-determination and sovereign dignity.
It is not appropriate to arbitrarily detain, exploit or deprive citizens of
basic services. On the other hand, the true extent of resources and
institutional capacity should not be denied. Policies should clarify risks,
human needs, legislation and burden-sharing.
Employment, marriage, violence, environment, and education may be
linked to migration rather than isolation. Categorization without
listening to the person 's story increases the likelihood of judicial error.
39.16 Preface: Limitless Power is Needed for Security
Given the need for quick decision-making in a crisis, it is said that the
executive should be given wide and almost unlimited powers.
Procrastination can exacerbate the damage.Common procedures are not
sufficient for every situation.
But the immense power to conceal information can stifle criticism and
prolong crises. The express subject matter of the expedited authorization
is the duration, geographical extent, and legislative-judicial review. It
was up to the state to certify that the measure was necessary.
Security and freedom are not static exchanges. Transparent, targeted
and time-bound measures can save both. arbitrary power ultimately
undermines security.
39.8 State and lawful forces
The state retains an organized capacity for law enforcement. The
question is not merely whether there is force, but when and by whose
authority and in what proportion and under what review. Just because
something is legal does not make the force just, because unjust laws are
also possible.
Legalization requires public regulation, due process, proportionality,
appeals, and equal protection. An emergency may require quick power,
but timelines and independent reviews can make for a stable regime
without exception.
39.9 Consent and Residence and Citizenship
The social contract is not an actual historical signature, but a deliberation
of political expediency. It is weak to regard birth or residence as a tacit
consent, especially when going out is practically impossible. Legitimate
governance renews consent with continued rights-protection and
participation.
Citizenship confers rights and duties, but the state cannot conditionalise
the basic dignity of a person seeking duties. The minimum rights of non-
citizens, immigrants, or minority individuals do not depend on the will
of the majority.
39.10 Welfare and the patriarchal state
The state can enable independence by ensuring education, health,
security and minimum living conditions. But taking away the decisions
of citizens in the name of their well-being can become patriarchal. The
extent of support and control will be clear.
Prevention of harm can lead to interventions that protect dependents
and ensure fair use of public resources. The means must be minimally
restrictive, evidence-based and appealable. The person 's disagreement
should not be dismissed as mere ignorance.
39.11 The Rule of Law
The rule of law does not mean just lots of laws. The rules should be public,
relatively stable, future-oriented, understandable, and equally
applicable. The officers would also be subject to the law. An arbitrary
conscience keeps the citizen in indefinite dependence.
But formal equivalence can save the unjustified content. If the same rules
apply to everyone, the results should be tested if they historically place a
disproportionate burden. The rule of law and social justice are mutually
reinforcing criteria.
39.12 The Justification of the Resistance
If the state continues to erode fundamental rights and block legislative
avenues for reform, the question of deterrence arises. Not every
disagreement is a justification for rebellion. Risk and options will be
assessed on the severity of the harm, the evidence, the target, the means,
and the citizen.
Nonviolent noncooperation has moral force, but not all situations are
equal. Particular strict proportionality and the protection of the innocent
are necessary in questions of violence. Parallel philosophies demand
responsible outcome-judgment rather than romantic heroism.
Chapter Conclusion
The state is not the master of the citizen. it is the institution subject to
public justification. Security, rights, self-governance, welfare, and justice
give a possible justification for the state, but no single objective justifies
unchecked power.
Chapter Bibliography
Thomas Hobbes — Leviathan.
John Locke — Two Treatises of Government.
Jean-Jacques Rousseau — The Social Contract.
John Rawls — Political Liberalism.