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Karnataka 1st PUC Political Science Model Question Paper 3 with Answers
Time: 3.15 Hours
Max. Marks: 100
I. Answer the following questions in one sentence each: (10 × 1 = 10)
Question 1.
Which is the root word of Sovereignty?
Answer:
It is derived from the Latin word Superanus which means supreme power.
Question 2.
Where does rule of law exist?
Answer:
It exists in England.
Question 3.
What is duty?
Answer:
Duty is an obligation; something that we owe to others.
Question 4.
Define Constitution?
Answer:
According to Aristotle “A constitution is the way of life the state has chosen for itself’.
Question 5.
Who is the architect of the Indian constitution?
Answer:
Dr. B.R. Ambedkar.
Question 6.
Which is the first organ of the government?
Answer:
The legislature is the first organ of the government.
Question 7.
What is the tenure of the members of the Rajya sabha?
Answer:
6 years.
Question 8.
Which is the final court of appeal in India?
Answer:
Supreme Court.
Question 9.
How many corporations are there in Karnataka?
Answer:
Eight corporations.
Question 10.
Name the smallest constitution in the world
Answer:
USA.
II. Answer any Ten of the following question in 2 to 3 sentences each : (10 × 2 = 20)
Question 11.
What is political science?
Answer:
Political science is apart of social science which deals with the study of state, government, and laws.
Question 12.
How is man a social animal?
Answer:
Aristotle said man is a social animal and he cannot live in isolation. Hence he is dependent on other men to fulfill his basic needs like physical and psychological needs.
Question 13.
Define Liberty?
Answer:
According to T.H. Green, “Liberty is the positive power or the capacity of doing or enjoying something worth doing or enjoying”.
Question 14.
What is unwritten constitution?
Answer:
A constitution that has evolved over a period of time by customs, traditions, and usages is. called unwritten constitution.
Question 15.
What is democracy?
Answer:
The word democracy is derived from two Greek words ‘Detrios’ and ‘ kratia’ which means people and power or rule. Thus democracy is the rule of the people.
Question 16.
Write the meaning of Federation?
Answer:
The word federation is derived from the Latin word ‘Foedus’, which means treaty or agreement. The federal form of government comes into existence through treaty or agreement.
Question 17.
What is collective responsibility?
Answer:
This is a unique feature in parliamentary system. The cabinet is collectively responsible to the parliament. Every minister has to support the decisions of the cabinet. They will remain in office as long as they enjoy the confidence and majority support in the legislature. Otherwise, the entire ministry will have to resign if it is voted out by the legislature through the no-confidence motion.
Question 18.
What is a central List?
Answer:
In a federal system, governmental powers are divided between the centre and the state. The j| central government is vested with the powers mentioned in the central list. In India, the central list consists of 97 subjects for e.g., defense, foreign affairs, finance.
Question 19.
What are the qualifications to become High Court Judge?
Answer:
- He must be a citizen of India.
- He must have worked as a judge in any High court for five years.
- He must have worked as an advocate in any High court for 10 years.
- He must be an eminent jurist.
Question 20.
What is judicial review?
Answer:
In India, the power of judicial review’ is exercised by the Supreme Court. Judicial review refers to the power of the judiciary to declare a law passed by the legislature and order passed by the executive as invalid and unconstitutional.
Question 21.
Give the meaning of Local self government.
Answer:
It is governmental machinery established by the people in a locality to administer the affairs of a local area.
Question 22.
Name any two urban local self governments.
Answer:
- Corporations
- City municipalities
- Town municipalities
- Cantonment hoards.
III. Answer any Eight of the following questions in 15 to 20 sentences each: (8 × 5 = 40)
Question 23.
Briefly explain the importance of the studying of political science. ‘
Answer:
The study of political science is very useful to the individuals and the society. As it said by Bernard Shaw that “political science by which alone civilization can be saved”. Political science exerts its influence on the life and destiny of human beings. Why political science has become so important in the life of man? It can be judged on the following grounds:
1. Essential for a cultured existence:
The study of Political Science introduces an individual to the requirements of a civilized and cultured society.
2. To understand evolution of state and government:
Political Science, is a study of state and government in all its aspects, in order to understand the roots of state and government such as how and why the state and government came into existence and why it continues to be in existence and what are the essential factors that makes a state, the types, and forms of government, the aims and objectives of the government, etc., the knowledge of political science is essential.
3. To provide knowledge of rights and duties:
Every citizen, especially in a democracy desires to have knowledge of rights and duties. It is in political science that one learns all the aspects of this rights and duties.
4. To make Democracy effective:
Democracy today is the most popular system of government. Many factors contribute to success and effectiveness of democracy. Political science enables one to understand all the principles, merits and defects of democracy.
5. Provides political education:
The study of political science provides political education to a citizen so that he may understand national problems in a new perspective.
6. Provides knowledge of ideologies:
The study of political science provides a vast knowledge of various prevailing ideologies like democracy, socialism, communism, nazism, fascism, etc.
7. Knowledge useful to political leaders and bureaucrats:
Knowledge of political science is very useful to the political leaders to carry on the working of the government
effectively. Knowledge of the constitution is necessary to everyone to contribute better to the functioning of the government.
8. To understand political power:
Political Science helps citizens to understand the concept of political power; how governments function; what are the interest and forces behind the policies; who are his elected representatives and what they stand for.
9. To promote human warfare:
Political Science in the contemporary period lies the fact that it creates conditions for economic progress since it is motivated by an interest in human welfare.
10. To understand international relations and contribute to peace:
International relations is one of the specialized branches of political science dealing with the relationship among sovereign states. It includes many concepts like balance power, collective security, alliances, treaties, international law, international organizations, etc.
Question 24.
Mention the differences between state and society.
Answer:
State | Society |
1. State is supreme institution.
2. State originated after the society. 3. Scope of state is limited. 4. Definite Territory is essential for the state. 5. State consists of organized people 6. State has sovereignty. 7. State functions through the government. 8. State is one of the association in the society. 9. Membership of state is compulsory. 10. State Studies about Political system. 11. State controls our external relations. 12. Rules of the state are compulsory. 13. State has the power to punish the people. 14. State has legal system. |
1. Society is not supreme Institution
2. Society originated prior state. 3. Scope of society is wider. 4. Definite territory is not essential for society. 5. Society consists of both organized and unorganized people. 6. Society has no sovereignty. 7. Society has no government 8. Society has many associations of which state is one. 9. Membership of society is obligatory 10. Society studies about social system. 11. Society influences on our internal relations. 12. The rules of society are not compulsory. 13. Society cannot punish the people. 14. Society has no legal system. |
Question 25.
Write a note about drafting committee of Indian constitution.
Answer:
The drafting committee of Indian constitution has been formed on 29th August 1947 and B.R. Ambedkar was elected as a chairman. The main responsibility that entrusted to the drafting committee to draft the new constitution. It consists of 7 members called B.R. Ambedkar, chairman, B.L. Mitter, N. Gopalaswamy Ayyangar, Alladi Krishswamy Ayyar, Dr. K.M Munshi, Saiyid Mohd Saadullah, D.R Khaitan.
The drafting committee prepared the first draft which was published in February 1948. It ‘ prepared a second draft which was published in October 1948, and completed its work in 141 days. On 29th November 1949 the constituent assembly accepts and enacted the Indian constitution.
Question 26.
Describe the different kinds of Equality.
Answer:
1. Natural Equality :
It implies that Nature has created all men equally and all should be treated alike. Yet, absolute equality cannot be found. If we look around we find that men . differ in their height, intelligence, physical capacity, complexion, etc., but in the wider context, it implies that all man-made and artificial inequalities should be removed by the laws of the state.
2. Civil Equality:
It implies that all are equal before law and entitled equal protection and opportunities. All citizens irrespective of their status, colour, gender, class have to be treated equally and no discrimination of any kind should be made. The right to civil equality is the basic principle of all modem democratic systems. For eg; Equality in matters of life, education, forming association etc,
3. Political equality:
It ensures citizen’s right to participate in the activities of the state without any discrimination on the ground 6f caste, colour, creed, gender, education, class etc. The doors of power are kept open to all and all have to enjoy similar political rights. It implies all citizens enjoy equality in matters of voting, contesting for election, criticise the government and to hold public offices.
4. Economic equality:
Political equality becomes real only when it is accompanied by economic equality. In modem times economic equality has gained greater importance. It means removal of inequalities of wealth and no concentration of economic power in the hands of a few.
Basic needs and minimum wage to all are assured. Otherwise, small number of rich would exploit large number of poor. The idea of equality is fundamentally a levelling process. It emphasizes civil, economic and political equality to all and to enjoy rights and discharge duties for the development of individual and nation.
Question 27.
Discuss the features of unitary government.
Answer:
Features of Unitary Government:
1. Concentration of Power:
A Unitary government is characterized by the presence of a ’ single centre, which is omnipotent and omnipresent all over the territory. All decisions of the state flow from one single centre.
2. No Provincial Autonomy:
The provinces or local units in a unitary system are created by the centre for the sake of administrative convenience. It carries out the orders of the centre without having any powers to make decisions. Thus, the local units only act as subordinate agents of the centre without any authority or autonomy.
3. Single legislature:
In a unitary system of government there will be only one single supreme legislative assembly which makes laws for the whole country and are faithfully implemented by the local units.
4. Constitution may be written or unwritten:
The constitution, in a unitary government, may be written or unwritten as there is one single central authority wielding power all over the state without any other centres of power.
Question 28.
Bring out the differences between parliamentary and presidential government.
Answer:
A parliamentary form of government is characterized by the direct responsibility of executive to legislature which lasts as long as it enjoys the confidence of legislature. The parliamentary government system which first began in England (Great Britain) is also called as ‘Cabinet government and responsible government’.
1. Nominal Executive:
The presence of a nominal executive is- a primary feature of parliamentary government. Though all powers of the state are vested in his name by the constitution, it is in fact exercised by the real executive consisting of Prime minister and council of ministers. For example, the Queen of England and the President of India are the nominal executives.
2. Collective responsibility:
A parliamentary government is directly responsible to legislature and stays in office as long as it enjoys confidence of the lower house. A decision taken by cabinet is binding on ministers and they should defend it in and out of parliament. Together we sink or sail” is the key statement of parliamentary government.
3. Individual Responsibility:
Each minister will be in charge of a ministry and is wholly responsible for all decisions of the ministry to the legislature. Parliamentary government and individual responsibility go hand in hand.
4. Political Homogeneity:
In a parliamentary government, all ministers belong to the same party or alliance having common policies, programmes, values and beliefs and work under a common minimum programme (CMP). As a result, it is not difficult to secure cooperation and co-ordination. In case, a government consists of divergent policies and beliefs, frequent quarrels, squabbling, and infighting brings down the government. It defeats the very purpose of government formation.
5. Membership of parliament:
In a parliamentary government, a minister must be a member of either house of parliament. On becoming a minister he must become a member of either house within 180 days. Otherwise, he will have to step down from office. This is to ensure individual responsibility to the parliament.
6. Oath of Secrecy:
It is the responsibility as well as duty of the cabinet to protect official secrets. Cabinet decision should not become public without authorization from parliament. Ministers are administered the ‘oath of secrecy’ to maintain secrecy of cabinet decisions. The purpose is to avoid any person or a group taking undue advantage of the leaked information.
7. Leadership of the Prime Minister:
In parliamentary government, Prime Minister is the backbone of the cabinet. He acts as the spokesperson of the government by defending it in and out of the government. He acts as the advisor to the president in summoning, proroguing and dissolving the parliament. The Prime minister exercises independence in appointing ministers, expanding the ministry and allocation of portfolios.
8. Effective opposition:
Opposition party is called “the government in waiting”. In parliamentary government, opposition parties follow the day today administration and bring before the people the failures of the government from time to time. During elections, they seek mandate on the basis of the failures of the government.
Thus, opposition acts’ as a watchdog of the government. In fact, in Britain, the shadow cabinet functions just like the government but without powers. They too have separate departments to monitor developments in respective areas.
a. Presidential Government:
In Presidential government, the Executive is not responsible to the legislature. It is based on the principle of ‘ Separation of powers’. It is known as non-responsible system or fixed executive system. E.g. USA.
1. Separation of powers:
The Presidential government is based on Montesquieu concept of “separation of powers”. The concept of separation powers contends that the legislature, executive and judiciary must be independent of each other and function independently. Legislature performs the task of law making, executive law implementation and judiciary interpretation of laws.
2. Checks and Balances:
Presidential government is based on checks and balances. Though the legislature, executive and judiciary function independently, complete separation is not only desirable but also impractical. To maintain the exercise of power balanced, controlled and widespread each organ is given a fair degree of power in one another’s functional area.
3. Executive is not responsible to legislature:
The president in U.S.A is directly elected by the people and hence is not responsible to legislature! The president can’t participate in the proceedings of the congress. He can neither initiate a bill nor pilots it. The President is not accountable to anyone but the constitution and the people.
4. Real Executive:
In presidential government, the president is directly elected by the people. The president is not only the real executive but also the head of government. He is directly responsible for all happenings in the country.
5. Secretaries directly responsible to president:
The secretaries known as presidents’. ‘Brain Trust’ are appointed by the president and stay in office as long as they enjoy the confidence of the president. The President may remove any secretary without assigning any reason. Secretaries are neither responsible to congress nor to the people but to the president. The President can hire or fire secretaries.
6. Fixed Tenure:
The President does not depend on Congress for his survival. He is directly elected for a period of 4 years and lasts his full term. He cannot be removed from office except on grounds of inefficiency and proven misbehavior through an impeachment motion.
Question 29.
Explain the fundamental rights of Indian Citizens.
Answer:
The III Part of the constitution of India has guaranteed seven fundamental rights. But the 44th Amendment Act of 1978 deleted 6th fundamental right; right to property. Now it remains only a legal right. All the fundamental rights come under articles from 12 to 35. These rights are explained as under.
1. Right to Equality:
(14 to 18) Article 14 confers on all the citizens’ equality before law and equal protection of law. Article 15 prohibits any discrimination by the state towards its citizens on grounds of race, religion, caste, gender, and place of birth. The same article throws open public places, like shops, wells, restaurants, etc. to all citizens.
Article 16 provides for equality in matters of public employment. No one shall be dis-criminated on the grounds of race, religion, caste, gender, place of birth and residence. But the state may discriminate in favor of Backward classes of citizens by reserving jobs in the Government.
Article 17 prohibits the practice of untouchability in any form. Those who practice it will be severely punished.
Article 18 prohibits the state from conferring titles like Rao Bahadur, His Highness, etc, on its citizens. However, it may award military or civil distinction like Paramavir Chakra, Bharat Ratna, Padma Bhushan, Padmashree.
2. Right to Freedom (19 to 22) Article 19 gives 6 freedoms to the citizens of India.
Such as:
- freedom of speech and expression.
- Assemble peacefully without arms.
- Form associations.
- Move freely within the country,
- to reside and settle down in any part of the country.
- To practice any profession or trade.
Article 20:
lays down Right to personal Life and Liberty.
- No person shall be arrested when the law is not in operation.
- No person shall be punished more than once for the same offense,
- No person shall be forced to give evidence against himself.
Article 21:
No person shall be deprived of his life and liberty except according to the procedure established by law. The punishment shall be enforced only when he is pun-ished.
Article 22:
Preventive Detention – it provides safeguards to persons under arrest.
They are:
- 22 (1) the person arrested shall be informed on the grounds of his arrest as soon as possible.
- 22 (2) the person arrested shall be produced before the nearest magistrate within 24 hours of his arrest. He shall not be denied the right to consult and be defended by a lawyer.
- 22 (3) preventive detention shall not be applicable to the person who has been arrested according to law.
- 22 (4) the person who has been arrested shall not be detained in custody more than 3 months.
- 22 (5) the person who has been arrested and detained in custody shall be informed of the ground of his a arrest,
- 22 (6) to inform the ground of arrest against the public interest shall be informed,
- 22 (7) with the approval of the parliament the detention period shall be extended more than 3 months.
3. Right against Exploitation (23 to 24):
Article 23:
prohibits traffic in human beings and forced labour. Selling of women in to prostitution is prohibited.
Article 24:
prohibits employment of children below 14 years of age in factories and mines which is of hazardous nature.
4. Right to Religion (25 to 28):
Article 25:
Every citizen has the right to profess, propagate and practice any religion as he pleases subject to public peace and morality.
Article 26:
Every religious group shall establish institutions for charitable and religious purpose and manage its internal affairs arid acquire property.
Article 27:
State shall not collected taxes for the maintenance of any particular religion or religious institution.
Article 28:
no religions instructions shall be given in the government or aided educational institutions.
5. Cultural and educational rights(29 to 30) :
Article 29:
Every citizen has the right to protect the culture and script of his choice.
Article 30:
gives the right to any cultural group or minority community to run an educational institution and the government shall not make any discrimination while making grants.
6. Right to constitutional Remedies(32):
it protects the citizens against encroachment of his rights. Dr. B. R. Ambedkar said that this right is “the heart and soul of the constitution”. Every citizen has the right to move to the court if his rights are encroached by anybody.
Article 32:
(1) The Supreme Court is empowered to issue writs of Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari.
Article 226:
High Court can also issue writs for the enforcement of fundamental rights. This right is regarded as the custodian of all the rights.
Question 30.
What is Executive? Explain its importance.
Answer:
As organ which enforces the laws and implement the policies of the government is called executive. It is a 2nd organ of the government.
1. Rule implementation:
Rule making and rule implementation are two faces of the same coin. Good laws, if not properly implemented has no relevance. The executive plays an important role in reaching the laws to the people.
2. Concept of welfare state:
Modem states are welfare states involving in every sphere of human activity. With ever widen ing scope of the government activity, the role of the executive has also increased many-fold.
3. Symbol of national prestige:
The executive reflects the prestige of a nation. A resourceful and visionary executive can work wonders for people and the country.
Question 31.
Write a note on Prime minister of India.
Answer:
The power and position of Prime minister is so powerful that he is referred to as The first among equals (primus intersperses). Lord Morley regards Prime minister as “the keystone of the cabinet arch.” Former British Prime Minister Harold Wilson considered Prime Minister as “a person who conducts an orchestra without using any instrument”. The greatest ever British Prime minister R.A.Butler once said. ” A Prime minister must be a good butcher, and know all the joints….”
Article 74 of the constitution states that “there shall be a Council of ministers headed by the Prime Minister for the Union of India”. The Prime minister is elected from among the members of the majority party in Lok sabha. In case no party enjoys majority it is left to the discretion of the President to pick the Prime minister, who in his opinion will prove majority in a stipulated time.
Traditionally, the Prime minister should be from Loksabha. Some scholars compare the Prime minister to the Sun because complete administration revolves around him. B. R. Ambedkar compares the powers of Prime minister to that of the President of U.S.A The success or failure of a Prime minister largely depends upon the personality besides administrative knowledge and experience.
For example, Nehru was known for his magnetic personality, Shastri for his soft-spoken, but firm nature, Mrs. Gandhi for ‘never forget or forgive enemies’ attitude and Rajiv Gandhi was progressive but parasitic. P. V. Narasimha Rao always regarded not making any decision as the best decision, whereas Vajpayee was emotional.
Question 32.
Describe the Powers and functions of the Governor.
Answer:
The discretionary powers of the Governor are as follows:
1. In appointing the Chief Minister if no party enjoys majority it is left to the discretion of the Governor to call any person to form the government and prove his majority.
2. On the recommendation of the Chief Minister, Governor can sack any minister (Article! 64).
3. If the Governor believes that the government has lost majority or if the Chief Minister having lost majority does not resign or if the government is using unethical means for political gains, under these circumstances he can dissolve the Council of ministers. (‘Article 174).
4. The Governor can return a bill back to legislature for reconsideration.
5. The Governor can reserve certain bills passed by the state legislature for consideration of the President (Article 200).
6. Before issuing an ordinance, the Governor can receive directions from the President.
7. If the Governor is satisfied that a situation has arisen in which the government cannot be run according to provision of the constitution he may request the President to take over the state administration under Article 356. This is called President’s rule’. The report sent by the Governor to President must be kept confidential from the Council of ministers.
Question 33.
Explain about family courts.
Answer:
A court which deals with the family matters of marriage, divorce, child custody, and family maintenance is called family courts. The family court act was enacted in India on 14th September 1984, the family courts are established by the state government in consultation with the High Court.
It can settle the family disputes through conciliation and mediation so as to avoid the delay and to save the money bearded by both the parties. The state government is empowers to set up a family court where the population is exceeding more than 10 lakhs. At present 190 family courts are functioning in India and 12 are in the Karnataka.
Question 34.
Discuss the powers and functions of the Mayor.
Answer:
Nagara Sabha are constituted on the basis of population of the city or town. According to Karnataka municipal act 1964 for every city with population of 50,000 to 3,00,000 city municipal council is constituted. Towns with population of20,000 to 50,000 town municipalities are constituted. The members of Nagara Sabha are directly elected by the residense of the town and cities directly for a period of 5 years.
Following are the general functions:
- Management of administration of the corporation Preparation of budget Seek approval of budget Compulsory functions of corporation.
- Construction and conservation of public roads and streets
- Providing electricity to public road, streets, and markets
- Making arrangements for conservancy, drainage, and removal of garbage
- Providing safe drinking water and waste for other purposes
- Naming and numbering of roads.
- instruction and maintenance of public markets.
- Prevent diseases through effective public health system.
- Control oyer construction of buildings through effective clearance system.
- Prevent adulteration of food products, milk, and pharmaceuticals.
- Registration and maintenance of birth and death records.
- Establishment and maintenance of primary schools.
- Planting and conservation of saplings.
- Construction and maintenance of public gardens and playgrounds.
- Construction and maintenance of burial grounds.
- Protection of public property and public monuments.
Optional functions:
Optional functions are discretionary in nature. They can.be undertaken only if the time and. money permits. Following are the optional functions of the corporations.
- Establishment of efficient transport system.
- Establish associations for the welfare of orphans and the destitute.
- Establishment and maintenance of child welfare centers.
- Construction and conservation of swimming pools and bathing ghats.
- Conduct surveys of land and buildings.
- Construction and maintenance of museums, art galleries, and gardens with distinct plants. Establishment and maintenance of hospitals for animals.
- Raise money for providing relief during natural calamities such as earthquakes, drought, etc., Improve slums by developing them.
- Construct houses for the poor, homeless and the destitute.
- Construction and maintenance of water troughs for animals.
- Support environment conservation programs through planting trees etc.
IV.Answer any two of the following questions in 30 to 40 sentences each: (2 × 10 = 20)
Question 35.
Explain the differences between rigid and flexible constitution.
Answer:
Rigid constitution
- In the rigid constitution, there is a difference between constitutional law and ordinary law.
- Here constitutional law is superior to ordinary law.
- To ammend the constitutional law, there is a peed to follow the special amendment procedure.
- In this system, the powers of government should be with the framework of constitution.
- The powers and functions of government are clearly mentioned in this system.
- Judiciary has a special power to safeguard and protect the constitution.
Flexible Constitution
- In the flexible constitution, there is no difference between constitutional law and ordinary law.
- In this system constitutional law and ordinary law are framed by the parliament of the country.
- Constitutional law can be amended as in the form of amendment of ordinary law.
- In the flexible constitution, the powers and functions of the government are assumable by the parliament.
- In this system, judiciary does not exercise its power of judicial review.
- All the power of the organization of government are defined by the parliament.
Question 36:
What are Rights? Explain its kinds.
The III Part of the constitution of India has guaranteed seven fundamental rights. But the 44th Amendment Act of 1978 deleted 6th fundamental right; right to property. Now it remains only a legal right. All the fundamental rights come under articles from 12 to 35. These rights are explained as under.
1. Right to Equality(14 to 18):
Article 14:
confers on all the citizens’ equality before law and equal protection of law.
Article 15:
prohibits any discrimination by the state towards its citizens on grounds of race, religion, caste, gender, and place of birth. The same article throws open public places, like shops, wells, restaurants, etc. to all citizens.
Article 16:
provides for equality in matters of public employment. No one shall be discriminated on the grounds of race, religion, caste, gender, place of birth and residence. But the state may discriminate in favor of Back ward classes of citizens by reserving jobs in the Government.
Article 17:
prohibits the practice of untouchability in any form. Those who practice it will be severely punished.
Article 18:
prohibits the state from conferring titles like Rao Bahadur, His Highness, etc, on its citizens. However, it may award military or civil distinction like Paramavir Chakra, Bharat Ratna, Padma Bhushan, Padmashree.
2. Right to Freedom (19 to 22):
Article 19:
gives 6 freedoms to the citizens of India. Such as:
- freedom of speech and expression.
- Assemble peacefully without arms.
- Form associations.
- Move freely within the country,
- to reside and settle down in any part of the country.
- To practice any profession or trade.
Article 20:
- lays down Right to personal Life and Liberty.
- No person shall be arrested when the law is not in operation.
- No person shall be punished more than once for the same offense,
- No person shall be forced to give evidence against himself.
Article 21:
No person shall be deprived of his life and liberty except according to the procedure established by law. The punishment shall be enforced only when he is punished,
Article 22:
Preventive Detention – it provides safeguards to persons under arrest. They are:
- 22 (1) the person arrested shall be informed on the grounds of his arrest as soon as possible.
- 22 (2) the person arrested shall be produced before the nearest magistrate within 24 hours of his arrest. He shall not be denied the right to consult and be defended by a lawyer.
- 22 (3) preventive detention shall not be applicable to the person who has been arrested according to law.
- 22 (4) the person who has been arrested shall not be detained in custody more than 3 months.
- 22 (5) the person who has been arrested and detained in custody shall be informed of the ground of his an arrest,
- 22 (6) to inform the ground of arrest against the public interest shall be informed,
- 22(7) with the approval of the parliament the detention period shall be extended more than 3 months.
3. Right against Exploitation (23 to 24):
Article 23:
prohibits traffic in human beings and forced labour. Selling women in prostitution is prohibited.
Article 24:
prohibits employment of children below 14 years of age in factories and mines which is of hazardous nature.
4. Right to Religion (25 to 28):
Article 25:
Every citizen has the right to profess, propagate and practice any religion as he pleases subject to public peace and morality.
Article 26:
Every religious group shall establish institutions for charitable and religious purpose and manage its internal affairs and acquire property.
Article 27:
State shall not collected taxes for the maintenance of any particular religion or religious institution.
Article 28:
no religions instructions shall be given in. the government or aided educational institutions.
5. Cultural and Educational Rights(29 to 30):
Article 29:
Every citizen has the right to protect the culture and script of his choice.
Article 30:
gives the right to any cultural group or minority community to run an educational institution and the government shall not make any discrimination while making grants.
Right to constitutional Remedies(32):
it protects the citizens against encroachment of his rights. Dr. B. R. Ambedkar said that this right is “the heart and soul of the constitution”. Every citizen has the right to move to the court if his rights are encroached by *> anybody.
Article 32:
(1) The Supreme Court is empowered to issue writs of Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari.
Article 226:
High Court can also issue writs for the enforcement of fundamental rights. This right is regarded as the custodian of all the rights.
Question 37.
Explain the features of Indian Constitution.
Answer:
Salient Features of the Indian Constitution are:
The constitution of India came into force on 26th January 1950. The preamble enumerates the source, the nature and high aims and ideals of the constitution. The preamble cannot be enforced in a court of law it is a grand declaration.
The following are the salient features of the constitution of India:
1. Detailed and Written Constitution:
The constitution of India is a comprehensive document. It is detailed and lengthy constitution in the world. It consists of 445 Articles, 22 parts, 12 schedules, and 100 Amendments. The bulk of the constitution is due to many reasons. Such as :
- It contains the broad principles and details of administration.
- The constitution provides for the administrative machinery at the centre and also in the States.
- Incorporation of Fundamental rights and directive principles of. state policy.
- Special provision for safe guarding the interest of the scheduled castes and scheduled tribes,
- UPSC and SPSC and Election Commission, Independent Judiciary,
- Official languages and regional languages etc. have been dealt with in the constitution.
2. Sovereign, Democratic, Republic:
The constitution of India is Sovereign, Socialist, Secular, Democratic and Republic.
- India is sovereign state and it is subject to no other authority either in her internal affairs or external relations. Its power is absolute internally and externally within its sphere.
- 42 Amendment Act of 197.6 declares India to be a socialist state.
- Preamble to the constitution declares that India is a sovereign democratic Republic. The President of India is elected and his term of office is five years.
3. Single Citizenship:
The constitution of India has established single and uniform citizenship for the whole of the country. Single citizenship implies that all Indian citizens owe allegiance to the Indian Union. Any citizen, irrespective of his birth or residence, is entitled to enjoy civil and political rights throughout India In all states and Union Territories.
4. Fundamental Rights:
Part HI of the Indian constitution embodies six fundamental Rights, which are guaranteed to the people of India. These rights are sacred and sacrosanct and cannot be violated. The constitution makes the Supreme Court and the High Courts, the guardian of rights and liberties of the people. However, they are not absolute. The constitution imposes necessary limitations and the rights can be suspended under conditions of grave emergency.
- Right to Equality.
- Right to Freedom.
- Right against Exploitation.
- Right to Religion.
- Cultural and Educational Rights.
- Right to Constitutional Remedies.
5. Fundamental Duties:
The 42nd Amendment Act of 1976 has incorporated ten duties for every Indian citizen.
- To abide by the constitution and respect its ideals, institutions, the flag, and the National Anthem.
- To cherish and follow the noble ideals which inspire our national struggle for freedom.
- To uphold and protect the sovereignty, unity, and integrity of India.
- To defend the country and render national services when called upon to do so.
- To promote harmony and sprit of common brotherhood among all the people of India.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.
- To develop the scientific temper, humanism and the script of inquiry and reform.
- To safeguard public-property and to abjure violence.
- To strive towards excellence in all spheres of individual and collection activity.
6. Secular and Socialist State:
At the time of drafting the constitution the framers did not have the vision to mention these words in the preamble of the constitution. But these words were added in the preamble by 42nd Amendment Act of 1976. Accordingly, India is a secular and non-religious in character.
In fact, it does not identify itself with any religion. India is neither religious, nor irreligious, nor anti-religious but it is detached from religious dogmas and activities. The aim of the constitution is too make India a socialist state on the basis of welfare programs.
7. Backward Classes and Minorities:
the constitution protects the interest of the backward class and the Minorities.
8. Official language:
Hindi is laid as the official language of India. A common official language symbolized the unity of the country.
9. Directive Principles of State Policy:
It is another important feature of the Indian constitution. It contains various aims and aspirations to fulfilled by the state. They are instruments of instructions to the government to follow specific policies.
10. Parliamentary System of Government:
The Indian constitution proposed a parliamentary system of government for India.
11. Federation with strong centre:
the constitution has laid down a federal form of government; with a Union of the states. The Union is more powerful than the states.
12. Independent Judiciary:
The judiciary under the constitution is made independent of the legislature and the executive. It protects the fundamental rights and safeguards the provisions of the constitution. In fact, it is the guardian of the constitution and protector of Fundamental Rights.
13. Judicial review:
The Supreme Court of India has the power of judicial review. It can declare laws enacted by the parliament and state legislatures and orders passed by the executive as invalid, if found contrary of the provisions of the constitution.
14. Election Commission:
The constitution provides for the establishment of Election Commission for the whole country. It conducts free and fair elections of the president, vice-president, members of parliament and state legislatures from time to time. It consists of one chief Election commissioner and two other Election commissioners who are appointed by the president of India for the period of 6 years.
15. Rigidity and flexibility:
There is a unique procedure of constitutional amendment. Article 368 of the constitution deals with the amendment procedure:
a. By simple majority:
The creation of new states, creation or abolition of legislative council, etc. These can be amended by a simple majority in both the houses of the union parliament.
b. By half-simple and half-rigid method:
The provisions such as citizenship, Fundamental Rights, Directive principles, etc., shall be amended by 2/3 majority of members present and voting in both houses of the parliament.
c. By Rigid Method:
The method of amending the constitution involves rigid procedure. Matters relating to the election and powers of the president and powers of the Union and State government, Union judiciary, establishment of High Court, division of legislative powers, representation of states in Union Parliament, etc., can be amended by 2/3 majority members of both houses of the Union parliament and has to be ratified by not less than half of the state legislature.
16. Adult Franchise:
Every person who is a citizen of India and who is are above 18 years of age irrespective gender is entitled to be registered as a voter.
17. Emergency provisions: the constitution of India envisages three types of emergencies which the president may proclaim in different critical situations. Such as:
a. National Emergency:
Article 352:
provides national emergency. If the president is satisfied that the security of India or any part thereof is threatened by war or. external aggression or internal disturbance, he may issue a proclamation of emergency. But it must be laid before each house of parliament for approval.
b. Failure of constitutional machinery in the state:
The president on the receipt of report from the Governor of a state if satisfied, that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution, he can proclaim state emergency. It is to be approved by each House of parliament within two months. But normally it remains for six months and can be continued for three years.
c. Financial Emergency:
The president of India is satisfied that the financial stability of India are any part thereof is threatened he may proclaim financial emergency. It expires at the end of two months unless it is approved by the parliament.
18. Local self-Governments: A constitutional statue was given to local Self governments in accordance with the 73rd and 74th constitutional amendments which were made in the year 1992 and came into force in 1993.
Question 38.
Describe the composition and functions of state legislative assembly.
Answer:
The members of LokSabha are elected by the people. All adult citizens unless disqualified for other reasons have the right to select their representatives. Qualifications to become the members are must be a citizen of the country and must have attained the minimum age fixed by the constitution. The term of office is five years. Speaker is the presiding officer. He is elected from among the members of the house.
1. Legislative functions:
The power of Loksabha extends to all subjects falling under the Union list and the. Concurrent list. In case of emergency in operation, its power also extends to State list as well. No bill can become a law without the consent of Loksabha. The Loksabha has equal powers of law making with Rajyasabha except on financial matters where the supremacy of Loksabha is total.
In case of disagreement between the two houses on a matter of legislation, it is resolved by a Joint Sitting of both the houses presided over by the Speaker. In a Joint Sitting, Loksabha would emerge triumphant because the decisions are taken by a majority of the total number of members of both the house present and voting in which the numerical superiority of Loksabha prevails.
2. Financial functions:
On financial matters, the supremacy of the Loksabha is total and complete. “One, who holds purse, holds power,” said James Madison. By establishing its authority over the national purse, Loksabha establishes its authority Over the Rajyasabha.
It is expressly stated that Money bill can originate only in the house of people. Regarding budget, Loksabha being a representative house enjoys total authority. Loksabha’s position on financial matters is such that the demands for grants are placed only before the Loksabha.
3. Control over the executive:
The Loksabha enjoys direct control over the executive because executive is directly responsible to the lower house and stays in office as long as it enjoys the confidence of the house. The Loksabha not only makes laws but also supervises the implementation. The lower house being a debating house, the members are free to seek information from the executive and raise questions and seek clarifications.
The members can effectively seek information from the government by way of discussions and debates during the Question Hour (seek clarification), the Adjournment Motion (raises issues of national importance), the Zero Hour, the Cu motion, the Call-attention motion, etc. The soundest way of controlling the executive is by way of moving the No-confidence motion, if the executive fails to win the support of Lok sabha, they must step down.
4. Constituent functions:
The Loksabha shares equal powers in regard to amending provisions of the constitution. An amendment may be initiated either in the Rajyasabha or Loksablia and must be passed by a 2/3 majority in both the houses present and voting. The agreement of Rajyasabha is compulsory for the success of constitutional amendment.
5. Electoral functions:
The Loksabha and Rajyasabha elect the highest constitutional functionaries such as the President and the Vice-president. The President is elected by the members of Loksabha and Rajyasabha along with the members of Legislative Assemblies of the states. The Vice-president is elected by members of Loksabha and Rajyasabha.
6. Judicial functions :
The Loksabha acts as a judge in the impeachment of the President. Either house can prefer the charge of impeachment. If Rajyasabha prefers the charge, Loksabha investigates the charge and if it passes a resolution by a 2/3 majority of the total membership of the house, President stands impeached from the office.
The Loksabha also sits in Judgement, along with the Rajyasabha, in removing high constitutional functionaries such as the Comptroller and Auditor General, The Chief Vigilance Commissioner, the Chief Election Commissioner, etc.
V. Answer any Two of the following questions in 5 to 10 sentence each: (2 × 5 = 10 )
(prepare these answers by yourself)
Question 39.
Write a note on 65 years of India’s Independence.
OR
Write about the functioning of city corporations.
Question 40.
Who is the famous Chief Minister in India? Explain.
OR
What do you know about the mining scam in Karnataka?