1st PUC Political Science Previous Year Question Paper March 2018 (South)

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Karnataka 1st PUC Political Science Previous Year Question Paper March 2018 (South)

Time: 3:15 Hours
Max. Marks: 100

I. Answer the following questions in ONE sentence each: (10 × 1 = 10)

Question 1.
Who is the father of Political Science?
Answer:
Aristotle is known as father of Political Science.

Question 2.
Name the supreme association of ail associations.
Answer:
‘Polis’ means Greek City-States.

Question 3.
What is Sovereignty?
Answer:
Sovereignty is the supreme power of the state.

Question 4.
Name the root word of constitution?
Answer:
The root of the term constitution is the Latin word ‘Constituere’.

Question 5.
Who was the chairman of draft committee of Indian constitution?
Answer:
Dr. B.R. Ambedkar was the chairman of the drafting committee.

KSEEB Solutions

Question 6.
Who is the present speaker of Lok sabha?
Answer:
Siimithra Mahajan is the present speaker of Lok sabha.

Question 7.
Who is the ex-officio chairman of Rajya Sabha?
Answer:
The Vice president presides over the Rajya Sabha.

Question 8.
What is the term of vice president of India?
Answer:
The term of the Vice President of India is 5 years.

Question 9.
Which is the apex-court in India?
Answer:
Supreme court is the apex court.

KSEEB Solutions

Question 10.
How many high courts are there at present in india?
Answer:
There are 21 high courts are there in India.

II. Answer any Ten of the following questions in 2-3 sentences each. (10 × 2 = 20)

Question 11.
Name the subject matters of political science.
Answer:
The subject matter of political science is state and government.

Question 12.
‘Man is a social animal’. How?
Answer:
Aristotle said, man, is a social animal because man can fulfill his basic desires, needs, requirements and protect himself. He cannot live all alone himself and he is not self-sufficient and self-reliant.

Question 13.
Write the 2 aspects of sovereignty.
Answer:
Two aspects of Sovereignty are Internal and External Sovereignty.

Question 14.
Write the types of Liberty.
Answer:

  • Natural Liberty.
  • Civil Liberty.
  • Political Liberty.
  • Economic Liberty.

Question 15.
What is Dictatorship? Give an example.
Answer:
A form of government in which absolute power is concentrated in a person or group is called dictatorial government.

Question 16.
List out the Fundamental Rights of Indian citizens.
Answer:

  • Right to equality.
  • Right to liberty.
  • Right against exploitation.
  • Right to freedom of religion.
  • Cultural and educational rights.
  • Right to constitutional remedies.

Question 17.
Give, the meaning of unitary form of government.
Answer:
In the unitary system of government, where all the powers and authority of the state is concentrated in the single Central government and the supreme power is exercised by it.
Eg:
England, France, Japan, etc.

Question 18.
Made a list of write orders under act 32 of Indian constitution.
Answer:

  • Habeas corpus.
  • Prohibition.
  • Certiorari.
  • Oro – warrant.

Question 19.
Write the qualifications to become a member of Loksabha.
Answer:

  • He must be a citizen of India.
  • He must not be less than 25 years of age.
  • Must be eligible as voters.
  • Must process any other qualification as may be prescribed by parliament.

KSEEB Solutions

Question 20.
Name the 3 emergency periods issued by president of India.
Answer:

  • Under article 352 National emergency.
  • Under article 356 state emergency.
  • Under article 360 financial emergency.

Question 21.
What is an independency of judiciary?
Answer:
It is one that is free from legislative and executive control.

Question 22.
Mention the 3 types of panchayath institutions of panchayath raj system.
Answer:

  • Village Panchayat
  • Panchayat
  • SamitiZilla Parishad

III. Answer any EIGHT of the following question in 15-20 sentences each : (8 × 5= 40)

Question 23.
Explain the scope of Political science.
Answer:
Aristotle described political science as a ‘master science’ which made it perhaps the greatest contribution to the making of political science scientific. Hie term “Scope” refers to the subject or the boundaries of a particular branch of knowledge. There is no perfect agreement among the political thinkers as to the problems, which come under the study of political science. Broadly speaking, there are three groups of writers holding different views on the scope of political science.

The first group of writers like Garies, Gamer, Goodnow, and Bluntschli restricted the scope of political science only to the study of the state.

The second group of writers like Prof. Sheley and Dr. Stephen Leacock said that political science deals with government only.

The third group of writers like Gettell, Gilchrist, Paul Janet, and Prof. Laski maintained that the scope of political science extends to both state and government.Prof. Laski maintains that the state, in reality, means the government.
We may agree with the third group of writers that political science is a study of both state and government is the steering wheel of the ship of the state. There can be no state without a government, the state remains the central subject of our study, and the whole mechanism of government revolves around it.

Scope according to the UNESCO; the international Political Science Association at its Paris Conference in 1948 discussed the scope of political science and marked out its subject matter as follows:

1. Political Theory:
Political Theory, History of Political Ideas.

2. Government:
The Constitution, the Government-Regional and Local Government, Public Administration, Economics and Social functions of government, Comparative political institutions.

3. Parties, Groups and Public Opinion:
Political Parties, Group and Associations, Citizen Participation in Government and administration, Public Opinion.

4. International Relations:
International relations, International organization, and Administration, International Law.

KSEEB Solutions

Question 24.
Discribe the importance of state.
Answer:
1. To realize social good:
the existence of the state enables the realization of social good.

2. Protection of rights and duties:
rights and duties enjoyed by men today can exist only within a state. It also promotes a smooth relationship between the government and the governed.

3. Protection to life and property:
state is the basic structure for the maintenance of law and order, so the property of the people is also protected by the state.

4. Protection of Weaker section of Society:
The state also protects the weaker section of the society like women, children, and minorities.

5. State creates Order in Society:
A society without a state will be one of anarchy. Political organization is necessary7 to prevent anarchy.

6. State creates order and Progress m the world:
The conception of the state is not only important within a state to create order but even outside the state in the international sphere.

Question 25.
Explain the features of sovereignity.
Answer:
Jean Bodin – who was the first to explain the concept of sovereignty said: “Sovereignty is the supreme power over citizens and subjects unrestrained by law.”

According to Hugo Grotius: “Sovereignty is the supreme power vested in him whose acts are not subjected to any other who will can’t be can overridden.
”Characteristics of Sovereignty:
a. Permanent:
Sovereignty is permanent. Every state is sovereign it is accordingly permanent. The death of the rules or the change in government doesn’t mean any change in sovereign power. It comes to an end when the state is destroyed or is conquered and ruled by some external power.

b. Universality:
Sovereignty embraces each and every person and every association within the territory of the state. No individual or association in the state can disobey the sovereign authority of the state.

c. Sovereignty can’t be transferred:
The state has no right to give away its sovereignty. When a state loses or has to give up a part of the territory and population to another state, that part comes under the control of that state.

d. Indivisible:
Sovereignty can’t be divided. The division of sovereignty leads to the destruction of sovereignty.

e. Absoluteness:
Sovereignty is absolute. There can be no legal power within the state, superior to it. All individuals, associations come under the absolute power of the state. The state is completely independent.

Question 26.
What are the kinds of equality? Explain.
Answer:
1. Natural Equality:
It implies that nature has created all men equal. It can also be defined that it insists on removing all man-made and artificial inequalities and treat all equally.

2. Civil and legal Equality:
Implies that all are equal before law and all are protected equally irrespective of caste, class, color, race, etc.,

3. Political Equality:
Implies that all the citizens, irrespective any type of difference are entitled to participate in the affairs of state. All have equal voice in the government. It is based on principle of universal adult Franchise.

4. Economic Equality:
Implies removal of inequalities based on wealth and insists on certain minimum standard of income to all to meet their basic needs.5. Social Equality: Implies every individual without any discrimination must be given equal opportunity for the development of their personalities.

Question 27.
Write the meaning and features of written constitution.
The features of written constitution are explained below.

  • A written constitution is written in the document by the constituent assembly.
  • It is deliberately framed by the constitutional experts.
  • It came in to effect from a particular date.
  • In the written form of constitution, all the provisions relating to the organization of the government, rights, and
  • duties of the citizens are clearly mentioned.
  • In this system the amendment procedure is very difficult and rigid.
  • Written constitution provides the provisions of independence of judiciary.
  • In the written constitution all provisions are clearly mentioned and the contents are precise.

KSEEB Solutions

Question 28.
Describe the meaning and features of federal government.
Answer:
1. Division of Powers:
A federal government is characterized by the existence of two governments- the center and the local government created on the basis of division of powers. Both are independent and autonomous within their spheres of powers and yet interdependent. The residuary powers rest with the center in some states (e.g. India)and in the hands of local units in some states (e.g. Great Britain).

2. Supremacy of the constitution:
In a Federal system, the power enjoyed by the centre and local units is original because both derive their powers from the constitution. This avoids any confusion or contention in the sharing of power. The division of powers is based on necessity and convenience.

3. Written and rigid constitution:
The constitution in a federal government would definitely be rigid because it has to deal with powers related to both center and local governments. Each and every detail should be explained in a written form in order to avoid any clash of jurisdiction or possible over-lapping of responsibilities. The amendment procedure would be rigid which protects the interest of the federation from frequent, mindless changes to the constitution.

4. Special provision for settlement of disputes:
In a presidential system, in order to settle disputes arising between the states or between centre and the states, the judiciary has been assigned the job of interpreting the provisions of the constitution, thus acting as custodian and guardian of the constitution.

5. Power of amendment:
In a presidential system, to amend the constitution both the centre and the local governments have been assigned equal powers. No constitutional amendment can be made without the consent of federal units.

Question 29.
Write a note on draft committee of Indian constitution.
Answer:
The drafting committee of the 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 Ayvangar, Alladi KrishswamyAyyar, 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 29<sup>th</sup> November 1949, the constituent assembly accepts and enacted the Indian constitution.

Question 30.
Explain the Basic principles of preamble of indian constitution.
Answer:
The preamble of the constitution of India explains the aims and ideology and reads as: WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN, DEMOCRATIC, SOCIALIST, SECULAR and REPUBLIC Nation and securing to all its citizens.

  • JUSTICE – social, economic and political.
  • LIBERTY – of thought, expression, belief, faith, and worship.
  • EQUALITY – of status and of opportunity and to promote among them all.
  • FRATERNITY – assuring the dignity of the individual and the unity and the integrity of the Nation.

The idea of the preamble has been borrowed from constitution of U.S.A.

Question 31.
Discuss the composition of Vidhana Sabha in state.
Answer:
There is a legislative assembly for every state. The number of members depends upon the population of the state. But it can not have less than 60 and more than 500 members. The members are chosen by direct election by people of the state. The governor has been given the power to nominate one or two members of the Anglo Indian community legislative assembly is five years.

KSEEB Solutions

Question 32.
Write about Vice president of India.
Answer:
Powers and functions of the president of India are as follows: In the Parliamentary government, the position of the President is that of a respectful figurehead, representing the honor and dignity of the people of India. It has become a fashion to label the President as “a rubber stamp’, the impression is that he does nothing but signing bills brought before him. But there are occasions that offer scope for independent decisions. When no party enjoys a majority, the power to appoint Prime minister rests with the President (Ar- tide 75).

In case of sudden demise of Prime minister, if the party fails to elect its leader, at the earliest, President may appoint a person of his choice as the Prime minister. Importantly, if a government loses majority and recommends for the dissolution of the house (Lok Sabha), it is pure power of the President to dissolve the parliament or not (Article 85).

The powers and functions of the President are as follows:
1.Legislative Functions:
The legislative functions are detailed below:

1. To summon, prorogue and dissolve the Parliament.

2. The President enjoys the power to address the Parliament. It is normally done after general elections or the first session of the year. It is generally called Presidential speech. This inaugural speech outlines the objectives and priorities of the government.

3. In passing the bills, if a deadlock arises due to non-agreement between two houses of the parliament, the President may call for a joint session of both the houses.

4. The President may address Lok sabha or Rajya sabha or both any time and also may send a message to both the houses of parliament to look into a bill.

5. In the considered view of the President, if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate 12 members to Rajya Sabha and 2 members to Lok sabha.

6. Prior permission of the President is essential while dealing with bills relating to the formation of new states, alteration of boundaries and some special bills like the finance bills.

7. No bill can become a law without the assent of the President. He enjoys the power to withhold a bill. This power is called ‘Veto power’. However, he cannot refuse his assent for finance bills. But he can withhold assent for a nonmoney bill. But if the same is resubmitted for signature even without changes, he cannot refuse to sign it.

8. The President enjoys the power of issuing Ordinance when the parliament is not in session. It will have the same power and effect similar to that of a law made by the Parliament provided the same is ratified by the Parliament within 6 weeks of its passage. Otherwise, it ceases to be a law and is considered null and void or zero.

Question 33.
Describe the Essentials of an independent judiciary.
Answer:

  • Selection of judges regardless of their political affiliation.
  • Appointment of judges by the Chief Executive.
  • Long and Security of tenure.
  • Salaries and allowances are paid from Consolidated Fund.
  • Bar on practice after retirement.
  • Separation of judiciary from the executive and legislature.
  • Impartiality in the administration of justice.
  • Avoiding ambiguity in the judgement.
  • Appointment of highly qualified judges and making judicial process less expensive.

KSEEB Solutions

Question 34.
Write the point of 73rd Amendment of constitution.
Answer:
The 73rd constitutional amendment act which came in to force on 1993 can be explained its provisions as below:

  • 73<sup>rd<sup> constitutional amendment act provides reservation to SC, ST, Backward class women.
  • The Panchayats can mobilize their revenue sources.
  • Elections should be need within 6 months.
  • The power to constitution of committees is rests with the state government.
  • Members of parliament and assembly are enjoying the membership in Panchayats.
  • The members of Panchayats have to elect by the elections.
  • The age limit to contest the election is fixed to 21 years.
  • The state election commission is the authority to conduct the elections.
  • The Panchayats have power to impose tax.
  • State finance commission has been established to review the finances of Panchayats.
  • Panchayats can prepare and enforce the plans for economic and social development.

IV. Answer any Two of the following in 30 to 40 sentences each: (2 × 10 = 20)

Question 35.
Distinguish between written and unwritten constitutions.
Answer:
The features of written constitution are explained below.
A written constitution is written in the document by the constituent assembly.

  • It is deliberately framed by the constitutional experts.
  • It came in to effect from a particular date.
  • In the written form of constitution, all the provisions relating to the organization of the government, rights, and
  • duties of the citizens are clearly mentioned.
  • In this system the amendment procedure is very difficult and rigid.
  • Written constitution provides the provisions of independence of judiciary.
  • In the written constitution all provisions are clearly mentioned and the contents are in precise.

The features of unwritten constitution are explained as below.

  • An unwritten constitution is not written by the constitution assembly but evolved over a period of time.
  • It is not deliberately framed by the experts but grown by customs, traditions and usages.
  • An unwritten constitution has not come in to effect from a particular date.
  • In un written constitution the provisions with relates to the organization of the government, rights and duties
  • of the citizens are the fruits of customs traditions and usages.
  • In this system the amendment procedure is very easy and flexibleAn un written constitution is not clear and unsettled.

Question 36.
Explain the composition and functions of Rajyasabha.
Answer:
In federal representation the state is important. In India, the members of the Rajyasabha are indirectly elected for 6 yrs but 1/3rd of them will retire even. 2 yrs. The Rajyasabha has 250 members out of whom 12 are nominated by the president for their contributions to science, literature, art and social service. The remaining 238 members are indirectly elected by the state legislative assemblies through a system of proportional representation.
The powers and functions of Rajyasabha are as follows:
1. Legislative functions:
Oh legislative matters, the Rajyasabha enjoys powers with the Loksabha except in case of a Money Bill or Financial Bill. Non-money Bill can originate in Rajyasabha and must get a 2/3 majority in the House and then proceeds to the Loksabha. The approval of both Houses is essential for a bill to become a law.

In case of disagreement between the two Houses on a bill, both the houses sit on a joint sitting presided by the speaker and the deadlock is resolved by a majority of the total number of members of both the houses present and voting.

2. Financial functions:
On the financial front, the Rajyasabha virtually has no powers. The procedure to deal with Money bills clearly states that a Money bill or financial bill cannot originate in the Rajyasabha. The Rajyasabha may discuss and suggest changes but have no right to reject or amend a Money Bill. It is left to the Loksabha to accept or reject its recommendations. In case, the Rajyasabha does not send back a Money bill back to the Loksabha within 14 days from the date of receipt of the bill, the bill is deemed passed, in the original form, by both the Houses.

3. Control over the executive:
The Rajyasabha’s hold over the executive is very minimal because the executive is not directly responsible to the upper house. However, it can seek information, and make clarifications on various policy matters. On issues of national and local importance, the members can grill the executive during debates and discussions during the Question Hour, the Adjournment motion, the Zero Hour, the Cut-Motion, Call- attention Motion, etc.

4. Constituent functions:
The Rajyasabha enjoys full powers with Loksabha in executing constituent functions. An amendment to provisions of the constitution can be initiated in either House of the parliament and must be passed by a 2/3 majority’ in both the Houses present and voting. If Rajyasabha does not pass an amendment bill, the amendment Bill stands defeated. In some special provisions apart from the 2/3 majority in both house of parliament and ratification by not less than 1/2 of the states is necessary.

5. Electoral functions:
The Rajyasabha shares the privilege of electing the highest constitutional functionaries, the President and Vice-president. The President is elected by an electoral college consisting of the members of parliament along with the members of the State legislative assemblies. The members of both the houses of parliament elect the Vice-president.

6. Judicial functions:
The impeachment move against the President may be initiated in either house of the parliament. If Loksabha prefers the charge, Rajyasabha investigates the charge and passes a resolution by a 2/3 majority of the total membership of the house, then the President stands impeached.

There is no need for an impeachment against the Vice president who may be removed by a resolution of Rajyasabha passed by the majority of its members and consented to it by Loksabha. The Rajyasabha also participates in the removal of the highest constitutional functionaries such as the Chief Election Commissioner, the Vigilance Commissioner, etc.

7. Miscellaneous functions:
The Rajyasabha performs other functions as well as

  • By a resolution Rajyasabha can create one or more All India Services.
  • Continuation of emergency beyond the specified time must come before the Rajyasabha and Loksabha.
  • Orders made by the President suspending enforcement of fundamental rights is required to be laid before the Rajyasabha and Loksabha.
  • According to Article 249, the Rajyasabha by a resolution can ask the parliament to legislate on certain subjects in the State list.

Question 37.
Write the appointment and function of 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 Rho always regarded not making any decision as the best decision, whereas Vajpayee was emotional.The powers and function of the Prime minister are detailed below:

1.Formation of Ministry:
The primary task of the Prime minister on assuming office is the formation of the Council of ministers. Normally ministers are picked from the same political formation to ensure uniformity and continuity of policy However, nothing prevents Prime minister from picking any one as minister.

2. Allocation of Portfolios:
After forming the ministry the next important task is allocation of responsibilities to ministers. Certain key or heavy weight portfolios such as Home, Defence, Finance, Commerce and Industry, External affairs etc., are to be given to party heavy’ weights who enjoy a good clout and following among the party workers. Also to ensure efficiency and stability of the government. Prime minister enjoys the power of expanding and reforming the ministry.

3. Chairman of the Cabinet:
The cabinet meetings are held under the chairmanship of the Prime minister. The Cabinet is a deliberating forum and differences may come up. It is the responsibility of Prime minister to mediate and soften things and arrive at decisions. The Prime minister has the authority to decide the matters to be taken up by the cabinet and may accept or reject proposals. Normally the proposals brought by ministers for discussion are not rejected.

In the era of coalition politics, it is a challenge for the Prime minister to hold the flock together. It is very difficult. chair, a Cabinet full of divergent views, ideologies, and principles. For example, for the last fifteen years, we are a witness to pulls and pressures exerted on the Prime minister from different alliance partners.

4. Leader of Lok Sabha:
Prime minister is the leader of Lok sabha. All major decisions and announcements of the government are made by the Prime minister. It is the responsibility of the Prime minister to ensure that all bills brought before Lok sabha for approval are passed. And he has to defend the government on the floor of the bouse.

Though ministers are individually responsible to their ministries, it is the Prime minister who provides general leadership and direction. If any minister makes a mistake, the Prime minister has the power to guide and correct him.

5. Leader of the Government:
The decisions of the government however good, are subjected to scrutiny and criticism. The Prime minister, as leader of the government, has to defend policies and programs of the government both in and out of parliament.

6. Coordination and Supervision:
In running the administrative machinery Prime minister will have to encounter numerous problems ranging from routine to serious. Under the circumstances, it is essential to integrate different departments and see that they work smoothly and the ability of the Prime minister is tested on this count.

A Prime minister should not only pick a team but also retain it as a team till the end of the term. Whenever problems arise between departments, he has to mediate and sort it out amicably through dialogue and goodwill. The Prime minster is the general head of the government. Hence he has the responsibility of supervising the administration.

Though each Minister is in charge of a ministry, lack of general supervision results in poor administrative quality. To maintain quality in administration, the Prime minister will have to supervise. It not only gives him a general feel of the administration but also makes the ministers more responsible. The Prime Minister may correct the working of a particular ministry and offer suggestions.

7. Bridge between the President and the Parliament:
The Prime minister acts as a link between President and Parliament In a parliamentary government. As all executives powers are vested in the hands of the President, the Prime minister is duty-bound to keep the President informed about the decisions taken by the government.

Also, the President himself can call for any information from the government. The Prime minister not only acts as a bridge but also as the advisor to the President. Whenever necessary the President will look forward for advice. For example, the President seeks the advice of Prime minister before dissolving Lok sabha.

8. Power of Dissolution:
The Lok sabha exists as long as Prime minister wishes because even before the expiry of 5 years term, Prime minister may seek the dissolution of Lok sabha. The Lok sabha is dissolved if deep differences surface within the government or within the ruling party or the government loses a motion of no confidence.

9. Power of Appointment:
Though civil, military, judicial and diplomatic appointments are made by the President it is based on the recommendation of the Prime minister. The highest constitutional position such as the Chief Election Commissioner (CEC), Chief Vigilance Commissioner (CVC), Comptroller and Auditor General (CAG), the Judges of the Supreme court and the High courts, the Chiefs of army, navy, and air force, the diplomats, etc., are appointed on the advice of the Prime minister.

10. Special Powers:
The foreign affairs, national security and economic matters Prime minister enjoys a special position. As the whole world watches and listens to his words with the attention he has a special place.

KSEEB Solutions

Question 38.
Describe the powers and functions of the Supreme court of India.
Answer:
The President of India appoints the judges of the Supreme court on the advice of the council of ministers in consultation with the Chief Justice of India. Article 124 which deals with the appointment of judges, makes it obligatory on the part of the President of India to consult the Chief Justice of India.

In appointing the Chief Justice of India, the President shall, besides the advice of the council of ministers, consult the judges of the Supreme Court and the High courts if he considers it necessary. But, neither the constitution nor the law provides for Chief Justice’s recommendation as to his successor. It is a practice sanctioned by convention.

Normally, the Chief Justice of India is appointed from among the senior-most judges of the Supreme Court. The following are the powers of the Supreme Court:

1. Original Jurisdiction:
Article 131 of the constitution deals with the original jurisdiction of the Supreme Court. The original jurisdiction of the Supreme Court is so exclusive that no court in India can take up cases falling under the original jurisdiction.

The original jurisdiction of the Supreme Court is purely federal in character. Matters relating to the problems and disputes arising between the union and the states or between the states are taken up by the Supreme Court. The disputes entertained under the original jurisdiction are:

  • A dispute involving the Government of India Vs the state of Union of India.
  • A dispute involving the Government of India plus one or more states Vs one or more states.
  • A dispute involving one or more states on one side Vs one or more states on the other.

2. Appellate Jurisdiction:
The Supreme Court is the highest court in India. Under Appellate jurisdiction, the Supreme court only takes up such cases that come on appeal. It has no power to take up such cases, which is not asked to take up.The appellate jurisdiction can be studied under the following three heads:
a. Constitutional Cases:
The cases that come before the Supreme court are as follows:

The cases involving a question of law relating to the interpretation of the constitution or certification by the High court.
The Supreme Court can take up a case if the High court in its opinion feels that the case involves a substantial question of law, which should be decided by the Supreme court.

b. Civil Cases:
Originally Article 133 provided for an appeal against the high court order if it certified that the amount involved was less than Rs. 20,000 and the case is fit for appeal. But, the Law Commission found the logic unreasonable and as a result, the 30<sup>th</sup> Amendment of 1972 did away with the ceiling of Rs. 20,000. The Supreme Court can take up the civil appeal, if the High court certifies that the case involves a substantial question law of general importance. The certification by the High court is essential in these cases.

c. Criminal Cases:
Article 134 provide for an appeal to the Supreme court against the judgment of the High Court under the following conditions:

If the High Court has reversed a decision of release of an accused and has given him a death sentence.
In a case where the High court has exercised the authority of a lower court and given a death sentence to the accused.
In any criminal case if the High court certifies that the case is fit for appeal in the Supreme Court.

3. Special Leave Jurisdiction:
Article 136 confers a special power in the hands of the Supreme Court to grant special leave. In hearing appeals the Supreme Court may grant Special Leave petition against any judgment or order made by any court or tribunal, except military tribunal, in a case. The decision is entirely left to the discretion of the Supreme Court. This power, however, is to be used only under exceptional circumstances like matters involving general public interest or in cases of grave injustice or cases in which no appeal is otherwise provided by law.

4. Advisory Jurisdiction:
Article 143 confers the power of advisory opinion. In order to break authoritative opinion, the President of India may seek the advisory opinion of the Supreme Court on the matter which is, in his opinion, important and necessary such as disputes arising out of treaty of agreement. However, the advice of the Supreme Court is purely advisory in nature and it is up to the executive to accept it or not. The Supreme Court may decline to give advisory opinion if it finds unnecessary.

5. Power of Judicial Review:
The supremacy of the Supreme Court as the guardian of the constitution is emphasized by the power of judicial review. The Supreme court has the power of declaring a law made by the legislature or an executive action as ultra vires (intra vires) or null and void or unconstitutional if it is not in tune with the provisions of the constitution or violative of the fundamental law of the land. This acts as an effective, check on both the legislature and the executive as any decision made or action taken whimsically without regard to the constitution is declared invalid.

6. The Court of Records:
The proceedings and judgments of the Supreme Court are kept preserved to be made use of in future cases and judgments, whenever necessary by the lower courts. Those decisions are authoritative records on law whose validity cannot be questioned in any court. The courts of records also have the power to correct its own clerical errors.

7. The Contempt of court:
The Supreme Court enjoys the authority of imposing fines or imprisonment for violating the orders of the court (Article 129).

8. Self-correcting Court:
The Supreme Court has the power of correcting its own judgments. This is to ensure any loss or damage, physical, emotional or material that may be caused to any person seeking justice. To put it in legal terms, this is to ensure against ‘miscarriage of justice’.

9. Guardian of the Constitution:
The Supreme Court enjoys the privilege of protecting the constitution against violation of its provision either by the government or by the people, It is the responsibility of the Supreme Court to see that the laws of the constitution are respected and adhered to by all in India.

By acting as the watchtower of the constitution, it checks against the violation of laws. As guardian of the constitution, the Supreme Court also exercises the power of interpreting the contents of the constitution. Any matter relating to technical interpretation of details or definitions of terms in the constitution is the sole prerogative of the Supreme Court.

10. Enforcement of Fundamental Rights:
The Supreme Court is empowered by the constitution to act as the protector and guarantor of the fundamental rights. Under Article 32, the Supreme Court enjoys the power of issuing constitutional writs, also called as writ jurisdiction, for the enforcement of fundamental rights. The writs may be against the government or individuals. The writs are briefly explained as follows:
a. Habeas Corpus:
This literally means ‘to have a body’. It calls upon the authority, which arrests a person to produce in court, the person to set him free if he has done nothing wrong. It protects an individual against wrongful confinement.

b. Mandamus:
This literally means a command. It is a command issued by the court asking a person to perform his legal duty, which is of public nature.

c. Prohibition:
It is a writ issued by the Supreme court to an inferior court restraining it from exercising powers which are not invested in them.

d. Certiorari:
It is a writ by which a case is removed from a lower court, which does not enjoy jurisdiction to deal with it.

e. Quo warrato:
This writ is issued to prevent a person from illegally occupying a public office to which he is not entitled.

11. Defender of the Federation:
The constitution vests the power of settling the disputes and problems between the centre and the states. In order to prevent the conflict of power between the two, the Supreme Court interprets the laws, which help in maintaining the unity of the federation.

KSEEB Solutions

12. Miscellaneous functions:
The following are the miscellaneous functions of the Supreme court. The Supreme Court has the power of regulating the practice and procedure of the court. It appoints its own clerical establishment and exercises supervision over lower courts. The Supreme Court decides matters relating to the election of the President and Vice-president.

The Supreme Court if satisfied, may withdraw a case on its own or on appeal pending before one or more High courts on a matter involving substantial question of law of general importance (Article 139).The Supreme Court, if necessary, can transfer any case pending before any Highcourt to any other High court. The Supreme Court may also transfer a criminal case from one high court to the other.

V. Answer any TWO of the following questions in 15-20 sentences each: (2 × 5 = 10)

Question 39.
Write the powers and functions of Zilla panchayath.
Zilla panchayats are constituted in Karnataka at a district level to look after the development of the district. According to Karnataka Panchayat Raj Act 1993 the number of members will be decided on the basis of population of the district. For every 40,000 population is represented by one member. The members are directly elected by the voters for a period of 5 years.

Functions of Zilla panchayat:
Zilla panchayat is the nodal point of all developmental activities of the district. Following are the functions of Zilla panchayat:

  • Supervision co-ordination, direction and integrating development work at the district level.
  • Conservation and development of agriculture and horticulture.
  • Land development and soil conservation.Building and conservation of irrigational works.
  • Encourage animal husbandry, dairy development, and poultry.
  • Encourage rural cottage industries.
  • Construction of district roads, buildings, and other communication facilities.
  • Support small-scale industries.
  • Establishment and maintenance of Public distribution system (PDS)Electrification of rural areas.
  • Encourage co-operative activities. Implementation of health and family welfare programmes.
  • Establishment and maintenance of primary and high schools.
  • Planning and supervision of poverty alleviation programmes.
  • Encourage rural cottage industries. Take up any work as directed by the state government under Panchayat Raj Act.

OR

Write about live and achievements of your favourite national political leader.
Answer:
Mahatma Gandhi was great national leader. He was bom on 2nd October 1869 at Porbandar of Kathiawar in Gujarat. Gandhiji was very much influenced by the dramas of Sathya harishchandra, Shravan Kumar. He also very much of influenced by the dramas Ramayana,

 

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