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Karnataka 1st PUC Political Science Previous Year Question Paper March 2019 (North)
Time: 3:15 Hours
Max. Marks: 100
1. Answer the following questions in a sentence each: (10 × 1 = 10)
Question 1.
Who is the father of Political Science?
Answer:
Aristotle.
Question 2.
Who is the author of “The Prince”?
Answer:
Nicolo Machiavelli
Question 3.
Which is the root word of Sovereignty?
Answer:
Latin word ‘Superanus’
Question 4.
Give an example of Unitary Government?
Answer:
England
Question 5.
When did the Indian Constitution came into force?
Answer:
26th January 1950.
Question 6.
Who was the Chairman of Drafting Committee?
Answer:
Dr. B.R. Ambedkar.
Question 7.
Name the two Houses of Indian Parliament.
Answer:
Loksabha and Rajyasabha
Question 8.
What is Executive?
Answer:
An organ which implement the law is called Executive
Question 9.
Which is the final court of appeal?
Answer:
Supreme Court
Question 10.
Expand P.D.O.
Answer:
Panchayat Development Officer
II. Answer any Ten of the following questions in 2-3 sentences each. (10 × 2 = 20 )
Question 11.
Define Political Science.
Answer:
According to Garries“Political Science deals with the origin, development, purpose and all political problems of the state”.
Question 12.
Why is man a social animal?
Answer:
Man by nature is a social animal. He organized society to fulfill his needs and lead his life happily and comfortably.
Question 13.
What is welfare state?
Answer:
A state which provides the basic requirements to all the people from birth to death is called welfare state.
Question 14.
Define Liberty?
Answer:
According to GD.H Cole, “Liberty is the freedom of an individual to express without external hindrances to personality”.
Question 15.
What is written constitution? Give example.
Answer:
A written constitution is one that has been deliberately written by the Constituent Assembly ExIndia.
Question 16.
State the meaning of secular state.
Answer:
The state should treat all religions equally and provide opportunities equally is called secular sate.
Question 17.
What do you mean by adult franchise?
Answer:
All the adult citizens can exercise their voting power without the discrimination of caste, creed, colour, religion is called adult franchise
Question 18.
What is the Quoram of the house?
The business of the house cannot be conducted unless there is the requisite quorum of 1/10 of the total membership of the house is called a quorum.
Question 19.
What are the qualifications required for the president of India.
Answer:
- Must be a citizen of India
- Must attained the age of 35 years
- Must not hold any office of profit
- Must not be mad, lunatic and criminal
Question 20.
What do you mean by consumer court?
Answer:
The court which has been formed to safeguard the interests of consumer in the market is called consumer court.
Question 21.
What is Local Self Government?
Answer:
The administrative units which have been formed by the statutory law to meet the local needs fastly at the local level are called local self governments.
Question 22.
Name any two standing committees of Zilla panchayath.
Answer:
- General Committee.
- Social committee.
III. Answer any Eight of the following in 15 to 20 sentences each : (8 × 5 = 40)
Question 23.
Explain the cope of political science.
Answer:
1. 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.
2. The first group of writers like Garies, Gamer, Goodnow, and Bluntschli restricted the scope of political science only to the study of the state.
3. The second groups of writers like Prof. Sheley and Dr. Stephen Leacock said that political science deals with government only.
4. The third groups 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.
5. 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.
6. 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, Economic 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.
Explain The differences between State and Nation.
Answer:
| State |
Nation |
| 1. State is Political Institution |
1. Nation is Social Institution |
| 2. The State should be a nation |
2. Nation can become state |
| 3. The state four elements such as population, territory government, and sovereignty |
3. Nation has no four elements. It has Population and territory. |
| 4. State expresses the political concept |
4. Nation has internal, psychological, Spiritual concepts |
| 5. State is limited |
5. Nation is universal |
| 6. State has sovereignty |
6. Nation has no sovereignty |
| 7. State may lose its state ship |
7. Nation is permanent |
| 8. State is Supreme |
8. Nation is not supreme |
| 9. State is organized |
9. Nation has social, religious, cultural nature |
| 10. State has the power to punish the people |
10. Nation has no power to punish the people |
Question 25.
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 whose 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 transfered:
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 destruction of sovereignty.
f. 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 law? Explain.
Answer:
- Moral Rights
- Legal Rights.
- Civil Rights.
- Political Rights.
- Economic Rights.
- Moral Rights: are those which based on the ethical code of morality of people.
- Legal Rights: are recognised and protected by the state.
- civil rights: are those rights which enable the individual to lead a normal life in society.
- Political rights: enable a citizen to take part in the affairs of the government.
- Economic rights: enable citizens to earn their living.
Question 27.
Describe essential elements of 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 clear.
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 undergo 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 28.
Explain the features of unwritten constitution.
Answer:
The features of unwritten constitution are explained 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.
Question 29.
Write the text of the 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 30.
List out the fundamental duties of Indain Citizens.
Answer:
The 42nd amendment has incorporated a number of fundamental duties.
- Abide by the constitution and respect its ideals and institutions, the national flag and, national anthem.
- Uphold and protect the sovereignty, unity, and integrity of India.
- Defend the country and render national service.
- Promote common brotherhood and harmony.
- Value and preserve our composite culture.
- Protect the natural environment.
- Develop the scientific temper.
- Strive towards excellence in all sphere.
Question 31.
Write a note on the composition of Vidhan Parishad.
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 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, co-operative movement, literature, etc
Question 32.
Explain the power and functions of Chief Minister of the state.
Answer:
The functions 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 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 efficiency and performance of the government.
2. Allocation of Portfolios:
After forming the ministry the next important task is allocation of responsibilities to ministers. Certain key or heavyweight portfolios such 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 general feel 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 Crovemor, 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 L 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 surfaced 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 recommendation of the Chief Minister.
Question 33.
Discuss the importance of Judiciary.
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 it 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 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 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 is not invested in them.
d. Certiorari:
It is a writ by which a case is removed from a lower court, which does note no jurisdiction to deal with it.
e. Quo warranto:
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
- 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 High
court to any other High court.
- The Supreme Court may also transfer a criminal case from one high court to the
Question 34.
Explain the power and functions of Mahanagara Palika. .
Answer:
Functions of corporation:
The functions of corporation may be broadly classified into 3 groups: ,
- General functions
- Compulsory functions
- Optional functions
1. General functions:
The 1976 Act stipulates certain general functions to the corporation. These functions are routine in nature. Management of administration of the corporation Preparation of budget Seek approval of budget
2. Compulsory Functions:
The corporation is duty-bound to perform certain functions designated as compulsory. Following are the compulsory functions of corporation:
- Construction and conservation of public roads and streets.
- Providing electricity to public roads, streets and markets
- Making arrangements for conservancy, drainage and removal of garbage.
- Providing of safe drinking water and water for other purposes.
- Naming and numbering of roads.
- Construction and maintenance of pubic markets.
- Prevent diseases through effective public health system
- Control over construction of buildings through effective clearance system.
- Prevent adulteration of food products , milk and pharmaceuticals.
- Registaration 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 play grounds.
- Construction and maintenance of burial grounds.
- Protection of public property and public monuments.
3. Optional functions:
Optional functions are discretionary in nature. They can be undertaken only if the time and money permit. The following are the optional functions of the corporations.
- Establishment of an 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 district plants.
- Establishment and maintenance of hospitals for animals
- Raise money for providing relief during natural calamities such as earthquake, 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 programmes through planting trees etc.
IV. Answer any two of the following in 30 to 40 sentences each: (2 × 10 = 20)
Question 35.
Explain the meaning and importance of the Indian Constitution.
Answer:
Importance of a constitution to the state is discussed below:
1. Outlines the goals of state:
No state can progress and prosper, however rich and wealthy if it does not possess clear cut aims and objectives. A constitution details the path to be followed by a state in accomplishing its objectives thereby living up to the aims and objectives of its people.
2. Regulates behavior of people:
The constitution provides for basic guidelines or a reasonable code of conduct which helps create a civil and civilized society. A constitution is very important in harmonizing relationship between and among numerous sections of people.
3. Control over authority of the government:
The government derives its power from the constitution and is bound to abide by provisions of the constitution. No government can take law into its hand and deal whimsically.
4. Establishes ruler ruled relationship:
The people and government are like two faces of the same coin. A state can succeed only if people and government share mutual trust and co-operation. The constitution should avoid any kind of needless friction between the governor and the governed.
5. A guide to future generations:
A constitution is often referred to as the mirror of a state which reflects the basic ambitions and aspirations of a state. By acting as a standard of reference it guides future generations to make necessary changes based on the existing structure.
Question 36.
Write the power and functions of Lok Sabha.
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 Lok Sabha 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 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 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 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 power and functions of President of India.
Answer:
In the Parliamentary government, the position of the President is that of a respectful figure-head, 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 (Article 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:
a. 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 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. 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.
5. Prior permission of the President is essential while dealing with bills relating to formation of new’ states, alteration of boundaries and some special bills like the finance bills.
6. 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.
7. 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.
b. Executive Functions:
The President is the administrative Head of the State and orders are executed in his name. Article 53 clearly states that ‘the executive powers of the State must be vested in ‘ the hands of the President’.
1. All accords and agreements carried out on behalf of the Government of India is done in the name of the President.
2. The President has the power to call for any information from the government.
3. The President appoints the Prime minister and the Council of minister on recommendation of the Prime minister.
4. The highest constitutional functionaries such as Comptroller and Auditor General (CAG), Chief Election Commissioner (CEC), ChiefVigilance Commissioner (CVC) are appointed by the President.
5. The member of the Union Public Service Commission (UPSC), National Human Right Commission (NHRC), Backward Class Commission (BCC) and National Commission for Women (NCW) are appointed by the President.
6. The President enjoys the power of removing highest constitutional functionaries.
7. The President can call for reports from Scheduled Castes and Scheduled Tribes Commission, Linguistic Minorities Commission (LMC), Backward Class Commission (BCC) and other commissions..
c. Financial powers:
1. It is the constitutional obligation of President to see that the annual income-expenditure statement. Budget is placed before the Parliament for approval.
2. Financial bills cannot be presented in the Parliament without the consent of the President.
3. The recommendation of the Finance Commissions and the Planning Commission are placed before the Parliament on orders of the President.
4. The members of the Finance Commission and Planning Commission are appointed by the President.
d. Judicial Powers:
1. The President enjoys the power of pardoning the sentence of a person declared an offender by the Supreme Court. He is so powerful that he can reduce change or altogether cancel the punishment. This power is called Presidential Pardon. This is provided to ensure against any miscarriage of justice (Article 72).
2. The Judges of the Supreme Court and High court are appointed by the President in consultation with the Chief Justice of India.
3. The President is entitled to legal advice on matters relating to the constitutional clarity of bills. However it is not binding on the President to accept it.
e. Military Powers:
- President is the Supreme Commander of the Armed Forces.
- President has the power to declare war or peace, but parliamentary approval is essential for such a decision.
- The President can raise funds for training and preservation of armed forces with prior approval of the Parliament.
- The Chiefs of Army, Navy, and Air force are appointed by the President.
f. Diplomatic Powers:
The diplomatic powers of the President are purely symbolic in nature.
- The President represents the country in international affairs. His visits are of courtesy nature aimed at strengthening bilateral relations; he does not sign any treaties or agreements.
- The ambassadors representing the country abroad are appointed by the President.
- The foreign ambassadors are received by the President. No person can be considered an ambassador unless he is given the ‘Letter of Accreditation’ by the president.
g. Emergency Powers:
The emergency powers of the President are enumerated in the constitution from Article 352 to Article 360. The President may declare emergency under three circumstances:
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 has 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 is at risk, he may impose financial emergency under Article 360. However, the imposition of internal and financial emergency should be placed before Parliament and its consent taken within 2 months of declaration of emergency, otherwise it is considered invalid.
Question 38.
Discuss the Composition and powers 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 it 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 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 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 fine 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 is not invested in them.
d. Certiorari:
It is a writ by which a case is removed from a lower court, which does no enjoy jurisdiction to deal with it.
e. Quo warranto:
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
- 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 High court to any other High court.
- The Supreme Court may also transfer a criminal case from one high court to the
IV. Answer any Two of the following in 15-20 sentences each: (2 × 5 = 10)
Question 39.
Write a note on anyone freedom fighter’s achievement.
OR
Explain the kinds of Equality.
Answer:
1. Natural Equality:
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 40.
Explain the features of Dictatorial Government.
Answer:
1. Absolute power:
Dictatorship is characterized by absolute power where the dictator controls the constitution. He can make and unmake laws. All the laws must originate from him and there is neither a limit on his tenure nor is he subjected to any other authority.
2. Based on Force:
Dictatorship stands on the twin pillars of force and coercion. The word of the dictator should be honored in letter and spirit. Any violation of the order may result in severe punishment or even death.
3. Totalitarian state:
Dictatorial regimes regulate and control all aspects of human existence. It provides security, basic necessities such as food, shelter and clothing, education and order in the society. In totalitarian state’s individual personality is suppressed and all aspects of an individual is regimented and brought under the control of the state.
The totalitarian approach is well summarized by Mussolini when he says “Everything within the state, nothing above the state, nothing outside the State’. Thus, State is the central point around which all human activities must revolve.
4. One Nation one party:
In a dictatorship, for the whole state, there is only one constitution and the administration is managed by one single party and that is responsible for the whole state. Any kind of criticism of the party or the leadership is not tolerated. The distinct feature of dictatorship is its intolerance to criticism and new ideas.
5. No individual liberty:
In a dictatorship, individual freedom and liberty do not find place. Freedom of thought and expression is restricted.
OR
Write a note on ‘Republic day’ celebrated in your college.
