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Karnataka 1st PUC Political Science Previous Year Question Paper March 2017 (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.
Give an example of ancient Greek City State
Answer:
Sparta/Athens is the example of Ancient Greek City Sate.
Question 3.
What is Sovereignty?
Answer:
A supreme power of the state is called sovereignty
Question 4.
Write the root word of constitution.
Answer:
The word Constitution is derived from the Latin word‘Constituere’
Question 5.
When ddi the Indian Constitution came into existence?
Answer:
The constitution of india came in to force on 26th January 1950.
Question 6.
Who presides over the Rajyasabha?
Answer:
Vice – President Presides over the Rajyasabha.
Question 7.
What is a term of office of the President of Supreme Court of India?
Answer:
The term of office of the president of India is 5 years.
Question 8.
Who appoints the Chief Justice of India?
Answer:
The President of India appoints the chief justice of India.
Question 9.
Expand P.I.L.
Answer:
Public Interest Litigation.
Question 10.
How many family courts are there in India?
Answer:
There are 190 family courts in India.
II. Answer any Ten of the following questions in 2-3 sentences each. (10 × 2 = 20)
Question 11.
How is man a Social Animal
Answer:
Man is a social animal because he can fulfill his basic needs, desires requirements in society only. He cannot live away from the Society.
Question 12.
Who are called the Greek Philosopher ‘Trio’?
Answer:
Socrates, Plato, and Aristotle are the Greek Philosopher Trio.
Question 13.
What are the four elements of the State?
Answer:
- Population
- Definite Territory
- Government
- Sovereignty
Question 14.
Name any two political rights.
Answer:
- Right to vote.
- Right to contest for election.
Question 15.
What is the meaning of Liberty
Answer:
A power of man to do anything for the development of his individual personality is called liberty
Question 16.
What is written constitution? Give an example
Answer:
A written document deliberately framed by the constitutional experts is called written constitution
Ex:
India.
Question 17.
What do you mean by federal government?
Answer:
A government whee the powers have been distributed between union and state government is called federal government.
Question 18.
What do you mean by universal adult franchaise?
Answer:
All the citizens who attained the particular age are having right to vote irrespective of caste, creed, religion is called universal adult franchaise.
Question 19.
Name the two Houses of the American congress.
Answer:
- House of Representative
- Senate
Question 20.
Which are the qualifications necesary for Governor?
Answer:
- He must be a citizen of india.
- Must attained the age of 35 years
- Must not be a member of either state or union legislature,
Question 21.
What is Revenue Court?
Answer:
The courts which deals with the cases relating to the maintenance of land records its assessment and collection of land revenue are called revenue courts.
Question 22.
Name subordinate courts.
Answer:
- District courts
- Revenue courts
- Family courts
- Consumer courts
- Lokadalats
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.
Question 24.
Distinguish between State and Association.
Answer:
State
|
Voluntary Association
|
1. Definite territory is essential element of state |
1. Associations have no definite territory. |
2. Membership is compulsory man cannot Give up the membership. |
2. Membership is temporary; man can give up the membership. |
3. Individual can get the membership of only a state. |
3. Individuals can get the membership of various associations as he pleases. |
4. State is permanent and continuous. |
4. Associations are temporary. State can control and abolish them at any time. |
5. State has sovereignty. |
5. Associations have no sovereignty. |
6. State’s functions are wider. |
6. Functions of associations are narrower. |
Question 25.
Discuss the kinds of Equality.
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, colour, 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 26.
Explain the features of Sovereignty.
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 override.”
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. 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 27.
Explain 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.
Write the essentials of an ideal Constitution.
Answer:
The essentials of an ideal constitution are explained as below
1. It should be definite :
An ideal constitution should not be vague but clearly narrate the provisions which relates to the organization of the government. The principles should be precise and clarity.
2. It should be comprehensive:
An ideal constitution must be comprehensive enough to mention the functions of the government and rights, duties of the citizens. The constitution should not be too big but include all the information on the government.
3. Method of amendment:
An ideal constitution should possess the method of amendment. As the social condition of the people is going on change, the constitution must also undergoes change. It should represent the future needs of the future generation.
4. It should correspond to reality:
An ideal constitution should correspond to the real, conditions obtained within the state, otherwise, it cannot work properly.
Question 29.
Write the text of the preamble of the India 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 30.
Write a short note on RTE
Answer:
RTE stands right to education which means all the children in India are entitled to get compulsory and free education. The 86th amendment act of 2002 provides an opportunity to get free and compulsory education to all the children from the age 6 to 14 years.
Parliament passed the compulsory education act on 2009 and in compliance of the central government, the Karnataka government framed rules and enforced from 28th April 2012. Main provisions of RTE
- All the children from the age of 6 to 14 should get free and compulsory education.
- The responsibility of the parents are to send their children to the school.
- The provisions are made to ensure the education facilities especially to the weaker section and child belonging to a disadvantaged group.
- The central and state government have jointly responsible to carry over this scheme.
- To provide the education to all the children, the government should establish the schools accesses to the children.
- The government should bear the expenses of education and should pay the same to education institutions.
- The concerned BEO and DDPI should have responsibility to look after this.
Question 31.
Write about composition of Vidhan Parishad of Karnataka State.
Answer:
The Composition of the legislative council is as follows:
- 1/3 – of the members are elected from the local bodies such as municipalities and district boards;
- 1/3 – of the members are elected from members of the Legislative Assembly;
- 1/12 – of the members are elected by the graduates from graduate constituencies.
- 1/12 – of the members are elected from teacher’s constituencies consisting of secondary- school, college and university- teachers; and
- 1/6- of the members are nominated by the Governor from the fields of science, art, social service, the co-operative movement, literature, etc.
Question 32.
Explain the emergency powers of the President.
Answer:
1. The President may declare internal emergency under Article 352, if, in his opinion, there is a threat to India’s security due to war or external aggression.
2. The President may impose ‘President’s Rule’ under Article 356 if he is convinced that in that particular state the law and order have completely deteriorated and it cannot be governed as per the constitution. Though the President’s rule is imposed on the recommendation of the governor of the concerned state, it is not compulsory.
3. If the President is convinced that the financial stability and prestige of the nation are at risk, he may impose a financial emergency under Article 360. However, the imposition of internal and financial emergency should be placed before Parliament and its consent was taken within 2 months of the declaration of emergency, otherwise, it is considered invalid.
Question 33.
Mention the measures necessary to ensure the Independent of the 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.
Question 34.
Explain the functions of Grama Panchayath
Answer:
Functions of gram panchayat.
- Formulate plans for the development of Gram panchayat.
- Preparation of Budget of Gram panchayat.
- Collection and maintenance of necessary information and statistics relating to the panchayat.
- Provide relief during natural calamities like floods, famine or earthquakes.
- Encouragement to agriculture.
- Encouragement and development of poultry and pisciculture.
- Support to khadi and cottage industries.
- Protection of public health and support family welfare programmes.
- Encouraging rural housing by providing houses and sites to weaker sections.
- Promote cleanliness through underground drainage system.
- Provide drinking water and prevent water pollution.
- Construction and maintenance of roads, buildings, and bridges.
- Rural electrification.Encourage primary and higher education.
- Support and implement poverty alleviation programmes.
- Support adult education and informal education.
- Construction and maintenance of libraries and reading rooms.
- Regulation of market and fairs.Strive for the welfare of women and children.
- Strive for the welfare of weaker sections.
- Preservation of Public distribution systemMaintenance of public gardens and stadiums.
- Maintenance of graveyards.
- Strive and support welfare of physically challenged (handicapped) and mentally retarded.
- Function as per directed by Panchayat Raj Act from time to time.
IV. Answer any Two of the following in 30 to 40 sentences each: (2 × 10 = 20)
Question 35.
Describe the features of democratic government.
Answer:
1. The government in a democracy is responsible to the people. The government will also have to function according to public opinion. Self-government makes the people more disciplined and there will be more responsible citizens than in any other form of government.
2. Democracy upholds the principles of liberty and equality. Political and economic equality are assured in a democracy.
3. Democracy respects the dignity of human being. It provides rights and liberties for the development of the personality of individual.
4. A democratic government promote the welfare of the people, where as in other forms of government only particular class may be benefitted.
5. Democratic government is stable and efficient government. It avoids the revolution because it tarried on according to the wishes of the people.
6. Unlike other forms of government, democracy is self-corrective. In democracy the freedom of speech and freedom of press creates an enlightened public opinion
7. Democracy is progressive and educative force. In a democracy, people have full civil and political rights. It is a training ground for active, healthy and intelligent citizenship.
8. In democracy, there is order, peace and progress. It is flexible government which adopts itself to change peacefully.
9. As the people have a share in the government of country, the spirit of patriotism is strengthened and everybody is willing to work and undergo sacrifices for the welfare of the community.
10. Democracy protects the minority. A written constitution guarantees the rights of the minorities.
Question 36.
Discuss the composition powers and functions of the Loksabha.
Answer:
The members of Lok Sabha 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.
The powers and functions of LokSabha are as follows
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 the 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 the 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; the 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 Loksabha 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 the 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.
Question 37.
Explain the powers and functions of Chief Minister.
Answer:
The power and position of the Chief Minister is so powerful that he is referred to as “the first among equals’” (Primus intersperes). Article 164 of the constitution states that “there shall be a Council of ministers headed by the Chief Minister for the state”.
The Chief Minister is elected from among the members of the majority party in Vidhana Sabha. In case no party enjoys majority it is left to the discretion of the Governor to pick the Chief Minister, who in his opinion will prove majority’ in a stipulated time. Traditionally, the Chief Minister should be from the Vidhana Sabha.
1.Formation of Ministry:
The primary task of the Chief 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 the Chief Minister from picking anyone as minister from any party. The Chief Minister enjoys the authority to pick and choose his ministry because he is responsible for the efficiency and performance of the government.
2. Allocation of Portfolios:
After forming the ministry the next important task is the allocation of responsibilities to ministers. Certain key or heavy’ weight portfolios such as Home, Revenue, Finance, Industry, Public works are to be given to key and heavyweights who enjoy clout and following among party workers. Also to ensure efficiency and stability of the government. The Chief 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 Chief Minister. The cabinet is a deliberating forum and differences may come up. It is the responsibility of the Chief Minister to mediate and soften things and arrive at decisions.
The Chief 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 Chief Minister to hold the flock together. It is very difficult to chair a cabinet meeting full of divergent views, ideologies and principles.
4. Leader of Vidhana Sabha:
Chief Minister is the leader of Vidhana Sabha. All major decisions and announcements of the state government are made by the Chief Minister. It is the responsibility of the Chief Minister to ensure that all bills brought before Vidhana Sabha for approval are passed. And he has to defend the government on the floor of the house.
Though ministers are individually responsible to their ministries, it is the Chief minister who provides general leadership and direction. If any minister makes a mistake, the Chief 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 opposition parties lose their identity if they do not criticize the government. So to guard against it, the Chief Minister, as leader of the government has to defend policies and programmes of the government both in and out of legislature.
6. Co-ordination and Supervision:
In running the administrative machinery Chief 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 Chief Minister is tested on this count. A Chief 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 Chief Minister 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 Chief Minister will have to supervise it, not only gives him a generalfeel of the administration but also makes the ministers more responsible. The Chief Minister may correct the working of a particular ministry and offer suggestions.
7. Bridge between the Governor and the State Legislature:
The Chief Minister acts as a link between the Governor and state legislature in a parliamentary government. As all executive powers are vested in the hands of the Governor, the Chief Minister is duty bound to keep the Governor informed about the decisions taken by the government.
Also, the Governor himself can call for any information from the government. The Chief 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 Governor seeks the advice of the Chief Minister before dissolving Vidhana Sabha.
8. Power of Dissolution:
The Vidhana sabha exists as long as the Chief Minister wishes because even before the expiry of 5 years term, Chief Minister may seek the dissolution of Vidhana Sabha. The Vidhana Sabha may be 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 appointments are made by the Governor, it is based on the recommendation of the Chief Minister.
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 30th 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.
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 a note on ‘Kannada Rajyotsava’ day celebration of your college.
Answer:
Kannada Rajyotsava is an exciting meaningful celebration for all the Kannadigas in Karnataka. A day before Rajyotsava the lecturers along with the students decorated the college ground. On the day of 1st November all lecturers, principal, parents, and students were present exactly at 9.A.M. The chief guest hoisted the Rajyotsava flag followed by Naada Geetha.
During the speech of chief guest highlights the ideals of Nadahabba and urges the students to have loyalty their mother tongue. Cultural programs attracted students. A senior lecturer of the college proposed vote of thanks, finally sweet were distributed and students were disbursed.
OR
Explain the meaning and importance of Democratic decentralization system.
Answer:
Distribution of constitutional powers from union level to village level is called democratic decentralisation The importance of local governments is so paramount that it is called the “Primary school of democracy”.
1. Welfare state:
Modern states are welfare states. If the overall development of the state is to take place; the development of local governments is very vital. Because national progress can’t be divorced from rural progress.
2. Cradle of Democracy:
A citizen, not aware of the working of democracy is a burden on the nation. In local governments, people are introduced to functioning of democracy step by step and over a period of time they learn the nuances of democracy. Democracy can survive only when majority of the masses living in rural areas participate. That’s why local governments are called “cradles of democracy”;
3. Power to the People:
The other name of local government is power of the people; the local governments take power to the doorsteps of the people and empower them not only identify problems but also to solve them.
4. Knowledge of Administration:
Local governments aim at imparting knowledge of administration to locals, though the local people are aware of the government, they are not aware of the working of administration. But when interacted with officials, due to proximity, they get working knowledge of administration.
5. Local Solutions:
The basic principle of local government is, local problems must be solved at the local level. The centre or state government can’t understand local problems due to paucity of time, interest and information. But locals can, based on experience, identify suitable solutions to problems.
Question 40.
Write a note on any one Indiain political leader.
Answer:
Dr. B.R. Ambedkar :
Dr. B.R. Ambedkar is acknowledged as the leader of the untouchables and underprivileged in the Indian social strata. For his work in piloting the constitution of Independent India he is also hailed as the modem ‘Manu” Qr. Ambedkar was the 14th child of Ramojisakpal and Bhima bai of the Mahoba community in Maharastra. He was bom on 14th April 1891.
He had his school education in Satara. He completed his graduation in Bombay with the support of Maharaja of Baroda. He did his MA and Ph.D degree from the Columbia University in 1951 and 1961 respectively. Later he got his law and D.Sc degrees also In 1924 he started an association for the welfare of the depressed classes. He started the News paper called “Mooka Nayaka” to motivate the people to fight for independence and also for the reform of depressed classes.
He was the chairman of Drafting Committee for framing an constitution In the interim government he was the law minister in Nehru cabinet. He dedicated his whole life for the welfare of downtrodden people. He passed away on 16th December 1956.
OR
Explain the standing committees and financial sources of Mahanagar Palika.
Answer:
Corporations are constituted as per Karnataka Muncipal Corporation Act-1976. Wards are created on the basis of city population. A population exceeds more than 3 Laks can be called as Corporation. The members are called as corporators and elected by the city residents for a period of 5 years. Some seats are reserved for SC/ST, OBC, and Women. State government nominates 5 members to the corporation from different field.
The MP’s and MLA’s in that jurisdiction are also the members of corporation and can attend the meetings with voting right. The Mayor elected by the Corporators presides over the meetings. The state government appoints administrative head as a commissioner from the IAS cadre. The meetings are held once in two months.
The Standing committees of Pura Sabha are:
- Taxation, Finance and Appeal committee.
- Basic health, Education and Social justice committee.
- Tour planning and Improvement committee.
- Accounts and Audit committee.
Financial Sources:
- Taxes on assets, water, professions, and advertisements.
- Rents from markets, complexes, and other properties.
- Grants and contributions from the State government.
- Income collected for providing drainage and sanitary facilities.
- Loans raised from the public with government approval.