Abhishek Sharma)
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www.whiteblacklegal.co.in ISSN: 2581-8503 VOLUME 2 : ISSUE 1 || May 2020 || Email: [email protected] Website: www.whiteblacklegal.co.in 1 www.whiteblacklegal.co.in ISSN: 2581-8503 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of White Black Legal – The Law Journal. The Editorial Team of White Black Legal holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of White Black Legal. Though all efforts are made to ensure the accuracy and correctness of the information published, White Black Legal shall not be responsible for any errors caused due to oversight or otherwise. 2 www.whiteblacklegal.co.in ISSN: 2581-8503 EDITORIAL TEAM EDITOR IN CHIEF Name - Mr. Varun Agrawal Consultant || SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990670288 Email - [email protected] EDITOR Name - Mr. Anand Agrawal Consultant|| SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR (HONORARY) Name - Smt Surbhi Mittal Manager || PSU EDITOR(HONORARY) Name - Mr Praveen Mittal Consultant || United Health Group MNC EDITOR Name - Smt Sweety Jain Consultant||SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR Name - Mr. Siddharth Dhawan Core Team Member || Legal Education Awareness Foundation 3 www.whiteblacklegal.co.in ISSN: 2581-8503 ABOUT US WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario. With this thought, we hereby present to you WHITE BLACK LEGAL: THE LAW JOURNAL 4 www.whiteblacklegal.co.in ISSN: 2581-8503 RISE OF DEMOCRACY IN ATHENS AN INDIAN PERSPECTIVE (By Abhishek Sharma) ORIGIN OF DEMOCRACY IN ATHENS Athens is the largest city in contemporary Greece and one of the oldest named cities in the world. The Greek city-state (knowns as polis) of Athens is regarded as the testimony of the origin of democracy in ancient Greek. The genesis of word democracy (demokratia) has been derived from demos, which refers to the entire citizen body, and kratos which means rule. It is a form of government in which political control is exercised by all the citizens, either directly or through elected representatives. Before the arrival of democratic government, Athens was run by a succession of archons1 and the Areopagus.2 Areopagus was an institution which existed long before the democratic government and was the central governing body of Athens. Its members were generally aristocrats who ruled the polis for their own advantage. During the period between 1110 BC to 900 BC many new city states emerged which were controlled by some powerful elites. Government was controlled through institution of “Areopagus” which proved disruptive to the lower- and middle-class Athenian citizens. Imprudent and harsh policies made by the aristocratic families led to their dominance subject to harsh treatment and enslavement by the rich and powerful. Another crucial element before the inception of democracy that played a vital role in bringing the lower and middle class were the “Hoplite Soldiers”3. Hoplite Soldiers are an example of free citizens who made up the bulk of ancient Greek armies. Hoplites were middle class citizens who were not professional soldiers and often lacked sufficient military training. These middle class declared that their military services should bring full citizenship and political representation. All this led to tension between upper class and rest of the Athens which included lower and middle class. COMING OF DEMOCRACY TO ATHENS The tension and scuffle between the two classes were solved around 594 BC by the reforms of statesman “Solon”4. He was Plato’s5 ancestor who was convinced by laboring class to liberate them and halt the feuding of the aristocracy. Some of the reforms issued by “solon” were Athenian citizens were granted the right to participate in assembly meetings. 5 www.whiteblacklegal.co.in ISSN: 2581-8503 A council of 400 members (with 100 members from all four existing tribes) called the boule ran daily affairs and set political agenda He introduced a graded oligarchy Aristocrats controlled higher offices and carried on the role of “guardianship” of the laws. Middle class- lower offices Poor could be settled by lot to serve on jury He established an Assemble or Ecclesia, which was open to all male citizens. 6th Century BC Athens comes under Tyranny of peisistratos Against this Tyranny a new leader named “Cleisthenes” emerged supported by Lower plus middle class Cleisthenes was the one who established true democracy in Athens in around 507 BC. He introduced certain reforms such as He undermined the domination of aristocratic families and formally identified free inhabitants of Attica as citizens of Athens The four existing tribes were replaced by ten new tribes (phylae) each split into thirds consisting of 140 Demes1. Each male citizen over 18 was registered in his deme The assembly was open to all male citizens and met four times a month to decide upon important foreign policy Boule consisted of 500 members comprising 50 men from each the ten tribes The members of the council were chosen by their demes. An executive council of nine with a chairman and a secretary made sure things run smoothly .The parliament in contemporary Athens is still called Boule. In 462 BC the third set of reforms was instigated by Ephialtes. He went on to reduce the powers of the Areopagus by establishing a criminal court for cases for cases of homicide and desecration. Pericles who was his deputy built famous ‘Parthenon’ (Temple of democracy) in 447 BC. 6 www.whiteblacklegal.co.in ISSN: 2581-8503 Pentecontaetia – period between the defeat of the Greece in Persian wars (479 BC) and start of Peloponnesian War in 431 BC. During this period, Athenian democracy reached height of Democracy. FALL OF DEMOCRACY Finally, during the Peloponnesian war Athens lost and surrendered to Sparta in 404 BC, when Government was replaced by pro-spartan oligarchs. Democratic elements regained control until the ////Macedonian army of Phillip II conquered Athens in 338 BC. However, democracy was restored in 3014 BC but finally Roman conquest of Greece in 146 BC effectively ended Democracy in Athens. DEMOCRACY IN INDIA Indian civilization is one of the oldest in the world. As a form of government, democracy is not just the Legacy of British but ancient history of India reveals that democratic republic exists even before 6th century BC. In fact, historians have acknowledged Vaishali1which was the capital of the vibrant vajji confederation, since before the birth of Mahavira (599 BC), which suggests that it was perhaps the first republic in the world, similar to those later found in Greece. One of the earliest instances of the principle of democracy in India is originated from the Vedas2. The ‘Sabha’ and ‘Samiti’ are mentioned in both Rig Veda and Atharva Veda. In these meetings decisions were made after the discussion with the king, ministers and scholars. People were divided into different groups reflecting distinct ideologies and take a decision after mutual consultation. Many more democratic Institution were established in India Prior to birth of Lord Buddha in 6th century. These republics were known as Mahajanapadas.1 1947 SAW THE BEGINNING OF A NEW INDIA The Indian democracy is partly an inheritance from the British and partly the result of genius and foresightedness of founding fathers of our constitution. It was Government of India Act,1935 that laid foundation of democratic rule in India. Pandit Jawahar Lal Nehru 1st PM of independent India delivered his speech on eve of India’s Independence towards Midnight on 14 August 1947. The constitution of free India accepted democracy as the basis for ruling the country. Our Democracy has stood the test of times for the first 60 years of our independence. India’s first few years were marked with turbulent events, massive exchange of Population with Pakistan during Indo-Pak war 1947.However over the years We’ve witnessed a time when a single party, Indian National Congress dominated both at the center and the state. It’s been 70 years of independence and Indian Democracy has gone several layers of evolution. 7 www.whiteblacklegal.co.in ISSN: 2581-8503 HISTORY OF ELECTIONS IN INDIA S.NO Election year Winning Seats Won %Vote Other prominent party Share party 1. 1952-1957 INC 364 45% CPI=16 2. 1957-1962 INC 371 47.78% CPI=27 3. 1962-1967 INC 361 44.72% CPI=29 4. 1967-1971 INC 283 40.78 S.W. P=44 5. 1971-1977 INC 352 43.68 CPI=23 6. 1977-1980 Socialist 345 51.89 INC(R)=153 Janta party (Janta Alliance) 7. 1980-1984 INC 353 66.6 Janta party=43 8. 1984-1989 INC 404 78.5 Telegu Desam Party=30 9. 1989-1991 Janta Dal 273 51.6 INC=195 10. 1991-1996 INC 244 44.5 BJP= 121 11. 1996-1998 BJP 352 60.09 INC=140 (161+171) 12. 1998-1999 BJP 283 50.09 INC=141 (182+101) 13. 1999-2004 BJP 270 49.8 INC=114 (182+88) 14. 2004-2009 INC 335 61.4 BJP=138 (145+190) 8 www.whiteblacklegal.co.in ISSN: 2581-8503 15.