Yearly Archives: 2022

Short Answer Type Questions:

Q1. The following are certain laws. Are they connected with any value? If yes, then what is the underlying value? Give reasons.a. Both daughters and sons will have share in the family property.b. There will be different slabs of sales tax on different consumer items.c. Religious instructions will not be given in any government school.d. There shall be no begar or forced labour.
Answer

a. Idea of equality and social justice. It treats both children equally by giving inheritance to them irrespective of their gender.

b. Economic justice as it reflects the importance of certain consumer items for people and seeks to discourage the consumption of other items deemed as non-essential.

c. Secularism as it shows that the government does not give importance to any religion in particular.

d. Idea of social justice as it strives to end forced labour and protect workers from exploitation.

Q2. Which of the options given below cannot be used to complete the following statement?Democratic countries need a constitution toi. Check the power of the government.ii. Protect minorities from majority.iii. Bring independence from colonial rule.iv. Ensure that a long-term vision is not lost by momentary passions.v. Bring social change in peaceful manner.

Answer

iii. Bring independence from colonial rule.
Q3. The following are different positions about reading and understanding Constituent Assembly debates.i. Which of these statements argues that Constituent Assembly debates are relevant even today? Which statement says that they are not relevant?ii. With which of these positions do you agree and why?a. Common people are too busy in earning livelihood and meeting different pressures of life. They can’t understand the legal language of these debates.b. The conditions and challenges today are different from the time when the Constitution was made. To read the ideas of Constitution makers and use them for our new times is trying to bring past in the presentc. Our ways of understanding the world and the present challenges have not changed totally. Constituent Assembly debates can provide us reasons why certain practises are important. In a period when constitutional practises are being challenged, not knowing the reasons can destroy them.

Answer

i. (a) This statement says that they are not relevant.

(b)  The Constituent Assembly debates are relevant even today because a history of our Constitution is still very much a history of the present but the above said statement argues that they are not relevant.

(c) This statement argues that Constituent Assembly debates are relevant even today.

ii. (a) Yes, I do agree with the position. The debates of constituent Assembly are relevant so as to understand and interpret the various articles of the Constitution but they contain a lot of legal terms which the common man can’t easily comprehen.

(b) I do agree with this statement. As we see that our Constitution during the period of fifty six years about 100 times has been amended.

(c) I agree with this position also because the most important challenges have not changed totally.

Q4. Explain the difference between the Indian Constitution and western ideas in the light ofa. Understanding of secularism.b. Articles 370 and 371.c. Affirmative action.d. Universal adult franchise.

Answer

a. Indian secularism is based on principled distance whereas that of western secularism is based on mutual exclusion. In India, every religion is treated equally so that every citizen can be treated equally and can enjoy a life of dignity. In the west, religion cannot interfere in matters of State and the State cannot interfere in matters of religion.

b. The articles 370 and 371 give special rights to the state of Jammu and Kashmir and the north-eastern states respectively according to their peculiar social and historical background. This type of provision of accommodation is not found in western countries.

c. Affirmative action in India is based on principle of social justice without compromising on individual liberties. In India affirmative action was introduced two decades before it was introduced in U.S.

d. Every Indian citizen whose age is 18 years or above, is eligible to vote whereas in established democratic countries right to vote was extended to women and working class in the 20th century after a long struggle.

Q5. Which of the following principles of secularism are adopted in the Constitution of India?

a. that state will have nothing to do with religion b. that state will have close relation with religion c. that state can discriminate among religions d. that state will recognis e rights of religious groupse. that state will have limited powers to intervene in affairs of religions.

Answer

d. that state will recognise rights of religious groups
e. that state will have limited powers to intervene in affairs of religions

6. Match the following.

(a) Freedom to criticize treatment of widows	1. Substantive achievement
(b) Taking decisions in the constituent assembly on the basis of reason, not self interest	2. Procedural achievement
(c) Accepting importance of community in an individual’s life	3. Neglect of gender justice
(d) Article 370 and 371	4. Liberal individualism
(e) Unequal rights to women regarding family property and children	5. Attention to requirements of a particular

Answer

(a) Freedom to criticize treatment of widows	4. Liberal individualism
(b) Taking decisions in the constituent assembly on the basis of reason, not self interest	2. Procedural achievement
(c) Accepting importance of community in an individual’s life	1. Substantive achievement
(d) Article 370 and 371	5. Attention to requirements of a particular
(e) Unequal rights to women regarding family property and children	3. Neglect of gender justice

Q7. This discussion was taking place in a class. Read the various arguments and state which of these do you agree with and why.
Jayesh: I still think that our Constitution is only a borrowed document.
Saba: Do you mean to say that there is nothing Indian in it? But is there such a thing as Indian and western in the case of values and ideas? Take equality between men and women. What is western about it? And even if it is, should we reject it only because it is western?
Jayesh: What I mean is that after fighting for independence from the British, did we not adopt their system of parliamentary government?
Neha: You forget that when we fought the British, we were not against the British as such, we were against the principle of colonialism. That has nothing to do with adopting a system of government that we wanted, wherever it came from.
Answer

The arguments of Saba and Neha are correct that the idea of equality cannot be rejected merely because it is of western origin. The values that are a part of the Constitution are universal and thus, cannot be discriminated as Indian or Western. It is also correct that while the British were unjust in their policy of colonialism, there were certain principles of their governance that were modern and suitable as they allowed people to choose their own representatives. Thus, the positive values of British system should not be ignored on the basis of negative impact of British colonialism. 

Q8. Why is it said that the making of the Indian Constitution was unrepresentative? Does that make the Constitution unrepresentative? Give reasons for your answer.

Answer

It said that the making of the Indian Constitution was unrepresentative because the members of the Constituent assembly were chosen by a restricted franchise and not by universal suffrage. It does not make the Constitution unrepresentative because it contains the aspirations and voice of every section of the nation. The Constitution has also provided for a democratic system of government with a head of the republic.

Q9. One of the limitations of the Constitution of India is that it does not adequately attend to gender justice. What evidence can you give to substantiate this charge? If you were writing the Constitution today, what provisions would you recommend for remedying this limitation?

Answer

The Constitution of India has some limitations also. It cannot be said that it is a perfect and lawless document.It is true that there are inadequate provisions for gender justice in the Constitution. Though it is a fundamental right of every citizen to be treated equally but there is no specification of the basis of gender but specification is made on religion, caste and class.

Citizens cannot be exploited or discriminated on the basis of their caste, class, language and religion but there is no mention of gender. Respect for women has been confined to the directive principles and women’s rights are not specified so that they can be interpreted and defended by the judiciary. The status of women within family has also been ignored in the Constitution. Thus, it makes no special privileges for almost half of the population while there are provisions for affirmative action for other socially backward groups and minorities.

If I were writing the Constitution today I would recommend some provisions for the empowerment of women. Just like the reservation systems, I would like to make the provisions for reservation of at least thirty three percent seats for women in the central and State Legislatures.

Q10. Do you agree with the statement that “it is not clear why in a poor developing country, certain basic socio-economic rights were relegated to the section on Directive Principles rather than made an integral feature of our Fundamental Rights”? Give reasons for your answer. What do you think are the possible reasons for putting socio-economic rights in the section on Directive Principles?

Answer

It is correct that basic socio-economic rights were relegated to directive principles. These rights should have been incorporated particularly for backward classes in the same manner as the cultural rights of minorities. A developing country like India requires the fulfilment of the potential of human resources. For this reason, it is essential that the socio-economic requirements of all sections of society are met and all groups have equal opportunities.

The possible reason for putting socio-economic rights in the section of Directive Principles was the lack of adequate resources in a newly independent nation. Making socio-economic rights a feature of fundamental rights would have placed a burden on the state.

Besides, the economic development path of the newly independent country was already concerned with planned development whose benefits were to be made available to all sections of the society.

Q11. How did your school celebrate the Constitution Day on November 26th?

Answer

Constitution Day or Samvidhan Divas is celebrated in our ABC School on 26th of November to honor and remember the father of Constitution, Dr. Bhimrao Ramji Ambedkar the architect of the Indian constitution. The Assembly began with the Principal addressing the students from classes 5th to 12th about the significance of the Constitution Day and the importance of being a Sovereign, Socialist, Secular, Democratic and Republic country. The Principal led the students in taking the pledge by reciting The Preamble to the Constitution.A special period was taken up during the day by the Social Studies Teachers who explained in detail the meaning of the Constitution, the Preamble, the Five year Plan and the Directive Principle.

Long Answer Type Questions :

Q1.Define duty. What are the fundamental duties given in the Constitution of India?
Answer:
Duty is a positive or negative work that one is assigned to do either one likes or not. Hence 10 fundamental duties have been inserted in the Constitution of India:

• To obtain by the constitution and respect its ideals and institutions, i.e. National Flag and National Anthem.
• To cherish and follow the noble ideals which inspired national struggle for freedom. To uphold and protect the sovereignty, unity and integrity of nation.
• To defend the country and national service to be rendered if required.
• To promote harmony and the spirit of brotherhood and to renounce practices derogatory to women.
• To value and preserve the rich heritage of India.
• To protect and improve the natural environment and have compassion for living creatures.
• To develop scientific temper, humanism and spirit of inquiry and reform.
• To safeguard public property and to adjure violence.
• To strive towards excellence to rise the nation at the constant highest level of achievements.

Short Answer Type Question:

Q1. Choose the correct statement from the following.
A constitution needs to be amended from time to time because,
• Circumstances change and require suitable changes in the constitution.• A document written at one point of time becomes outdated after some time.
• Every generation should have a constitution of its own liking. It must reflect the philosophy of the existing government.
Answer
• Circumstances change and require suitable changes in the constitution.

Q2. Write True / False against the following statements.
a. The President cannot send back an amendment bill for reconsideration of Parliament.► True
b. Elected representatives alone have the power to amend the Constitution.► True
c. The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.► False
d. Parliament can amend any section of the Constitution.►

Answer: True

Q3. Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?a. Votersb. President of Indiac. State Legislaturesd. Parliamente. Governorsf. Judiciary
Answer
a. Voters: Voters are not involved in the amendment of the Indian Constitution.
b. President of India: When a Constitutional amendment bill is passed by the Parliament, it is sent to the President. The Constitutional amendment bill become an Act when it is signed by the President.
c. State Legislatures:  If an amendment bill is concerned with the article and the subjects given in the Article 368, it must be approved by fifty per cent of the State legislatures.
d. Parliament: Parliament has to include an amendment, which would underlay one particular interpretation as the authentic one whenever there is a clash between the judiciary and the government over different interpretations of amendment bill. In both the houses of the Parliament, the amendment bill will be passed only if half of the total strength of both the houses is separately in the favour of the amendment bill. The supporters of the amendment bill must constitute two-third of the voters in both the houses separately.
e. Governors: Governors have no role to play in the amendment of the Constitution except those amendment bills which are to be approved by the State legislature. Those amendment bills are also signed by the Governor.
f. Judiciary: The judiciary has interpreted various provisions that concern right to education, right to life etc. to an informal amendment. It helps in the matter by balancing the spirit and letter of the Constitution.

Q4. You have read in this chapter that the 42nd amendment was one of the most controversial amendments so far. Which of the following were the reasons for this controversy?a. It was made during national emergency, and the declaration of that emergency was itself controversial.b. It was made without the support of special majority.c. It was made without ratification by State legislatures.d. It contained provisions, which were controversial.
Answer
a. It was made during national emergency, and the declaration of that emergency was itself controversial.
d. It contained provisions, which were controversial.

Q5. Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments?a. Different interpretations of the Constitution are possibleb. In a democracy, debates and differences are natural.. Constitution has given higher importance to certain rules and principles and also allowed for amendment by special majority.d. Legislature cannot be entrusted to protect the rights of the citizens.e. Judiciary can only decide the constitutionality of a particular law; cannot resolve political debates about its need.
Answer
d. Legislature cannot be entrusted to protect the rights of the citizens.

Q6. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.a. Constitution specifies the basic tenets.b. Legislature can amend all parts of the Constitution except the basic structure.c. Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.. This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.e. This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.
Answer
a. Incorrect. The Constitution does not specify the basic tenets as it does not mention anywhere about the basic structure. This theory is given by the judiciary of India that looks into the spirit rather than the letter.

b. Correct

c. Incorrect. The judiciary has not explicitly defined the basic structure of the Indian Constitution. However, it has given various interpretations from time to time in its judgments.

d. Correct

e. Correct

Q7. From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?. Judiciary did not interfere in the amendments made during this period.b. One political party had a strong majority during this period.c. There was strong pressure from the pubic in favour of certain amendments.d. There were no real differences among the parties during this time.e. The amendments were of a non-controversial nature and parties had an agreement on the subject of amendments.
Answer
e. The amendments were of a non-controversial nature and parties had an agreement on the subject of amendments.

Q8. Explain the reason for requiring special majority for amending the Constitution.
Answer
Special majority is required for amending the Constitution to make the process of amendment difficult. This is done to ensure that political parties do not pass amendments arbitrarily and any proposed amendment has the support of more than half the number of members of the actual strength of the house and not simply those that are present in the house. Special majority is inclined towards building a broad support among parliamentarians on issues of amendment.

Q9. Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and Parliament. Explain with examples.
Answer
• The first amendment act of 1951, made changes in the constitution due to some flows in the working of constitution and those were to be remedied.• Many laws made on abolition of Zamindari System were declared Ultra Vires by courts, hence,constitution was amended.
• In the case of Keshavananda Bharti, Parliament’s power to amend the constitution was checked andlimited them by instructing not to violate the basic structure of constitution as well as parliament canamend if clashes arise between the judiciary and the government.
• In 1971, by 24th amendment parliament got the power to amend the constitution including thefundamental rights.
• The 42nd amendment in 1976 reduced the power of the judiciary and sought to restore the legislature to a pre-eminent position. It made changes in the preamble, the seventh schedule and 53 articles of the Constitution.

Q10. If amending power is with the elected representatives, judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.
Answer
I do not agree with the statement that the judiciary should not have the power to decide the validity of amendments. The judiciary is authorised to interpret the Constitution. Judiciary as an institution is involved in actively interpreting the provisions of the Constitution while pronouncing its judgments. It is more acquainted with the fundamentals of the Constitution than any other body. This power of judiciary checks the inappropriate and arbitrary use of the amendments by any political party that is in the power and also defends the fundamental rights of the people.

Long Answer Type Questions :

Q1.“The Constitution of India is a living document”. Explain.
Answer:
The Constitution of India is a living document. It can be enumerated in the following terms:

• It has continuously been responding to the various circumstances from time to time.
• Our constitution came into force on January 26, 1950, since then the government is supposed to work within its framework
• The constitution makers made the best efforts to accommodate the various changes as per needs and aspirations of society.
• It is open to interpretations and the ability to respond to the changing situations.
• It protects the rule of law in favour of democratic set up.
• The constitution responds to various experiences also.
• Though many changes have taken place, still the constitution works in an effective manner.

Q2.Mention the different methods to amend the constitution.
Answer:
By a simple majority:

• Amendments can take place by a resolution passed by simple majority in both the houses of parliament.
• It creates the most flexible features of the constitution.
• It can be amended/passed by simple majority of members present and voting in both the houses.
• Its examples are changing the boundaries of states, creation of new states, fixing the number of judges in Supreme Court, etc.

By two third majority in both the houses of Parliament:

• Resolution should be passed by a two-third majority of the members present and voting in both the houses of parliament.
• Amendment resolution can be moved in any house and if passed by majority of total membership and 2/3 majority of members present and voting it is sent to the other house.
• If the same procedure takes place in the other house also, the bill is passed. id) Many times Rajya Sabha has rejected the amendment bills passed by Lok Sabha, i.e. bill on Panchayats and Nagarpalikas.

By two-third majority in both the houses of Parliament and approval of half of the state legislature:

• Amendment should be passed by both the houses of Parliament with majority of total member strength and of 2/3 majority of those present and voting.
• The resolution should be ratified by at least half of the state legislature.

Short Answer Type Question:

Q1. Constitution of India visualised village panchayats as units of selfgovernment. Think over the situation described in the following statements and explain how do these situations strengthen or weaken the panchayats in becoming units of self-government.a. Government of a State has allowed a big company to establish a huge steel plant. Many villages would be adversely affected by the steel plant. Gram Sabha of one of the affected villages passed a resolution that before establishing any big industries in the region, village people must be consulted and their grievances should be redressed.b. The government has decided that 20 % of all its expenditure would be done through the panchayats.c. A village panchayat kept on demanding funds for a building for village school, the government officials turned down their proposal saying that funds are allocated for certain other schemes and cannot be spent otherwise.d. The government divided a village Dungarpur into two and made a part of village Jamuna and Sohana. Now village Dungarpur has ceased to exist in government’s books.e. A village panchayat observed that water sources of their region are depleting fast. They decided to mobilise village youth to do some voluntary work and revive the old village ponds and wells.
Answer
a. It strengthens the village panchayat as the gram sabha can take decision independently for the welfare of the village people.

b. It strengthens the village panchayat as it makes more resources available at their disposal. It allows them to spend according to their local needs.

c. It weakens the village panchayat as it does not have enough funds to maintain and carry out welfare projects in the village. It has to depend on the government officials for funds.

d. It strengthens the panchayat as it creates new unit of self government and allows more power in the hands of people.

e. It strengthens the self governance of the village as it shows the ability of the village panchayat to mobilise the village to utilise their own resources without any help from the state government.

Q2. Suppose you are entrusted to evolve a local government plan of a State, what powers would you endow to the village panchayats to function as units of self-government? Mention any five powers and the justification in two lines for each of them for giving those powers.
Answer
• Allowing panchayats to raise their own funds: The Gram Panchayat should have the power to impose taxes, i.e., house tax, tax on agricultural land, pilgrim tax, tax on fairs and festivals etc so that Panchayat have sufficient funds for the development of the village.

• Right to Plan: Village Panchayat should be given the power to make plan for the development of village. This would lead to development of village economy and cooperation between various panchayats.

• Welfare Programmes: Village Panchayat should have the power to choose welfare programmes for the village.
• Allocation of Resources: Resources like water and pastureland should come under the village panchayat to enable their maintenance and prevent their degradation. This would engage the entire community in their conservation.

Q3. What are the provisions for the reservations for the socially disadvantaged groups as per the 73rd amendment? Explain how these provisions have changed the profile of the leadership at the village level.
Answer
In 1993, two constitutional amendment Acts, were passed to recognise local self-government at the grass-root level. 73rd amendment made the following provisions:• The reservation of seats has been made for SCs, STS, OBCs and women.
• Reservation for women at panchayats has ensured the participation of women in local bodies.
• Due to this reservation, a number of women have occupied even the position of Sarpanch andAdhyaksha.
• Thus, more than 80,000 women Sarpanch have been elected so far.

Q4. What were the main differences between the local governments before 73rd amendment and after that amendment?
Answer
The main differences between the local governments before 73rdamendment and after the amendment can be listed as:

• After the implementation of 73rd amendment, the local government has been divided into a uniform three-tier Panchayati Raj structure.

• Earlier the state administration was responsible for conducting elections to the Panchayati Raj institutions but now the state government has to appoint a state election commission for this purpose.

• After dissolution of the Panchayati Raj before its term of five years a fresh election has to be conducted within six months. This was not the case before the 73rd amendment was passed.

• Distribution of revenue between the state government and local government and between rural and urban government is done by the state election commission. This was not the case before the 73rd amendment was implemented.

• Reservation for women, scheduled caste and scheduled tribes and to other backward classes (if the state government thinks it is necessary for OBCs) is implemented for various positions in the local government according to the proportion of their population.

• Twenty-nine subjects that were earlier in the State list of subjects in the Eleventh Schedule of the Constitution have been transferred to the Panchayati Raj institutions. 

Q5. Read the following conversation. Write in two hundred words your opinion about the issues raised in this conversation.Alok: Our Constitution guarantees equality between men and women. Reservations in local bodies for women ensure their equal share in power.Neha: But it is not enough that women should be in positions of power. It is necessary that the budget of local bodies should have separate provision for women.Jayesh: I don’t like this reservations business. A local body must take care of all people in the village and that would automatically take care of women and their interests.
Answer

the Constitution has guaranteed equality between men and women. Reservations have ensured the participation of women in decision making process at the local level. There are almost 200 women Adhyakshas in Zila Panchayats, 2000 women are Presidents of the block or taluka panchayats and more than 80,000 women Sarpanchas in Gram Panchayats. More than 30 women hold the positions of Mayors in Corporations, over 500 women Adhyakshas of Town Municipalities and nearly 650 women are head of Nagar Panchayats.Due to reservation, women have gained confidence and they are understanding the working of local bodies in a better way. In many cases they have given a new perspective and sensitivity to the discussions held at local bodies. However, the social status of women can only be increased through their economic independence and funds are required for this purpose. Therefore, the budget of local bodies should have provisions for women, particularly their health, education and livelihood.

Q6. Read the provisions of the 73rd Amendment. Which of the following concerns does this amendment address?a. Fear of replacement makes representatives accountable to the people.b. The dominant castes and feudal landlords dominate the local bodies.c. Rural illiteracy is very high. Illiterate people cannot take decisions about the development of the village.d. To be effective the village panchayats need resources and powers to make plans for the village development.
Answer
d. To be effective the village panchayats need resources and powers to make plans for the village development.

Q7. The following are different justifications given in favour of local government. Give them ranking and explain why you attach greater significance to a particular rationale than the others. According to you, on which of these rationales the decision of the Gram panchayat of Vengaivasal village was based? How?
a. Government can complete the projects with lesser cost with the involvement of the local community.b. The development plans made by the local people will have greater acceptability than those made by the government officers.c. People know their area, needs problems and priorities. By collective participation they should discuss and take decisions about their life.d. It is difficult for the common people to contact their representatives of the State or the national legislature.
Answer
• People know their area, needs problems and priorities. By collective participation they shoulddiscuss and take decisions about their life.
• Government can complete the projects with lesser cost with the involvement of the localcommunity.
• The development plans made by the local people will have greater acceptability than those madeby the government officers.
• People know their area, needs problems and priorities. By collective participation they should discuss and take decisions about their life.

Q8. Which of the following according to you involve decentralisation? Why are other options not sufficient for decentralisation?a. To hold election of the Gram Panchayat.b. Decision by the villagers themselves about what policies and programmes are useful for the village.c. Power to call meeting of Gram Sabha.d. A Gram Panchayat receiving the report from the Block Development Officer about the progress of a project started by the State government.
Answer
b. Decision by the villagers themselves about what policies and programmes are useful for the village. Rest of the three options do not involve decentralisation because elections can be held, meeting can be called and projects can be monitored even in a centralised form of government. These features are not related to the decision-making process, which is the most important aspect of decentralisation.

Q9. A student of Delhi University, Raghavendra Parpanna, wanted to study the role of decentralisation in decision making about primary education. He asked some questions to the villagers. These questions are given below. If you were among those villagers, what answer would you give to each of these questions?A meeting of the Gram Sabha is to be called to discuss what steps should be taken to ensure that every child of the village goes to the school.a. How would you decide the suitable day for the meeting? Think who would be able to attend / not attend the meeting because of your choice.(i) A day specified by the BDO or the collector(ii) Day of the village haat(iii) Sunday(iv) Naag panchami / sankrantib. What is a suitable venue for the meeting? Why?(i) Venue suggested by the circular of the district collector.(ii) Religious place in the village.(iii) Dalit Mohalla.(iv) Upper caste Tola(v) Village schoolc. In the Gram Sabha meeting firstly a circular sent by the district collector was read. It suggested what steps should be taken to organise an education rally and what should be its route. The meeting did not discuss about the children who never come to school or about girls’ education, or the condition of the school building and the timing of the school. No women teacher attended the meeting as it was held on Sunday.What do you think about these proceedings as an instance of people’s participation?d. Imagine your class as the Gram Sabha. Discuss the agenda of the meeting and suggest some steps to realise the goal.
Answer
(a) (ii) The day of village haat would be the most appropriate due to availability of a number of peoples to sell and purchase the commodities.
b. (v) Village school would be the suitable place for the meeting because the meeting is regarding education irrespective of the caste, gender and religion of the children.
c. It is not an instance of people’s participation as women teachers did not attend the meeting, girl’s education was not discussedand children who had never been to school were not considered. The condition of the building and timing of the school were also ignored. Thus, most issues that were vital to the participation of people were ignored as issues related to all groups were not considered.
d. The agenda• The school building should be renovated with proper seats and blackboards in all classrooms.• Regularity of students in school, if not, how to make it regular.• School principal would be responsible for the quality and quantity of the food provided to the students.• About required construction activities in village.

Long Answer Type Questions :

Q1.Mention some subjects included in the eleventh schedule.
Answer:
Eleventh schedule was listed with the 29 subjects in 1992 by the 73rd Amendment Act:

• Agriculture and agricultural extension.
• Minor irrigation, water management and watershed development.
• Small scale industries including food processing.
• Rural housing.
• Drinking water.
• Roads, culverts
• Rural electrification
• Poverty alleviation programmes.
• Primary and secondary education.
• Technical training and vocational education.
• Adult and non-formal education.
• Libraries
• Cultural activities
• Markets and fairs
• Health and sanitation.
• Family welfare
• Women and child development
• Social welfare.
• Welfare of weaker sections especially SC’s and ST’s
• Public Distribution System.
• Fuel and Fodder
• Non-conventional energy resources.
• Maintenance of community assets.
• Fisheries
• Animal husbandry, dairy poultry.
• Soil forestry
• Implementation of land reforms, soil conservation, etc.
• Khadi village and cottage industries.
• Minor forest produce.

Q2.Explain the three tier structure of Panchayati Raj alongwith one function of each of them.
Answer:
The Panchayati Raj has three-tier system:

• Gram Panchayat at village level
• Panchayat Samiti at block level
• Zila parishad at district level

Composition of Gram Panchayat:
The members of the Gram Panchayat are elected by Gram Sabha and every adult who is the resident of village has the right to vote in these elections.
Functions:

• Makes arrangements for pure drinking water.
• To improve sanitary conditions.
• Makes efforts for improving health of people by opening hospitals and dispensaries.

Composition of Panchayat Samiti:

• The members are elected directly by Universal Adult Franchise.
• MLAs, MPs, SDM, BDO are the ex-office members.
• Apart, other members are elected and seats are reserved for SC’s and ST’s in proportion of population.
• 30% seats are reserved for women.
• Its term is for five years.

Functions:

• It looks after all the works of the gram panchayat in the area.
• Promote scientific and modern agricultural practices and distributes seeds, fertilizers and scientific equipments.

3. Composition of Zila Parishad:

• The chairman will be elected by the elected members.
• MPs, MLAs, Collector, Deputy Collectors, SDMs will be ex-officio members.
• The provision of Zila Parishad is composed of elected members.
• A finance commission will be set up to review financial position and to recommend allocation of funds and grants in aid.

Functions:

• To co-ordinate the working of Gram panchayats and panchayat samitis in the districD.
• The panchayat samitis pass their annual budget and send it to Zila Parishad. 120

Q3.Distinguish between Gram Panchayat and Gram Sabha. What are the functions of Gram Panchayat?
Answer:
Difference:

• Gram Sabha consists of all the adult members (who has attained the age of 18 years) of a village or a cluster of villages constituting Gram Sabha, whereas Gram Panchayat is a small body, whose members are elected by the members of Gram Sabha.
• The term of office of Gram Panchayat is for five years whereas the Gram Sabha is a permanent body and not subject to dissolution.
• Gram Panchayat is an executive organ and monitors and evaluates the activities of Gram panchayat.

Functions:

• Gram Panchayat looks after better health and life of the people to make proper civic amenities as village sanitation,drinking water, arrangements of lightening, etc.
• Gram Panchayat keeps the records of birth and death in village to ensure effective implementation of family planning and family welfare programmes, i.e. animal husbandry, agricultural development, etc.
• Gram Panchayat is responsible for certain development functions at village level, i.e. construction of roads, irrigation, etc.

Q4.What is the importance of local bodies in modern times?
Answer:

• The local self bodies are related with the daily life of the people to perform functions related to education, sanitation, public health, etc.
• The local bodies provide the right solution of the local problems due to participation of local peoples, where the central and state governments are unable to pick up the exact nature of problem.
• The local bodies lessen the work-load of the central and state government because they could not spare time to look into the local matters. Hence, local bodies can solve these problems easily.
• The local bodies develop the qualities of citizens to awaken the political consciousness and to experience the sense of liberty and equality which is essential for the success of democracy.
• It creates decentralization of powers, where people directly participate in the daily need, jobs and feed satisfied.

Short Answer Type Question:

Q1.  From the list of following events which ones would you identify with the functioning of federalism? Why?
(a) The Centre on Tuesday announced Sixth Schedule status to GNLF-led Darjeeling Gorkha Hill Council, which would ensure greater autonomy to the governing body in the Hill district of West Bengal. A tripartite Memorandum of Settlement was signed in New Delhi between the Centre, West Bengal government and the Subhas Ghising-led Gorkha National Liberation Front (GNLF) after two days of hectic deliberations.
(b) Government for action plan for rain-hit States: Centre has asked the rain-ravaged States to submit detailed plans for reconstruction to enable it to respond to their demands for extra relief expeditiously.
(c) New Commissioner for Delhi: The Capital is getting a new municipal commissioner. Confirming this, present MCD Commissioner Rakesh Mehta said he has received his transfer orders and that he is likely to be replaced by IAS officer Ashok Kumar, who is serving as the Chief Secretary in Arunachal Pradesh. Mehta, a 1975 batch IAS officer, has been heading the MCD for about three-and-a-half years.

(d) CU Status for Manipur University: Rajya Sabha on Wednesday passed a Bill to convert the Manipur University into a Central University with the Human Resource Development Minister promising such institutions in the North Eastern States of Arunachal Pradesh, Tripura and Sikkim as well.

(e) Funds released: The Centre has released Rs. 553 lakh to Arunachal Pradesh under its rural water supply scheme. The first instalment was of Rs. 466.81 lakh.

(f) We’ll teach the Biharis how to live in Mumbai: Around 100 Shiv Sainiks stormed J. J. Hospital, disrupted daily operations, raised slogans and threatened to take matters into their own hands if no action was taken against non-Maharashtrian students.

(g) Demand for dismissal of Government: The Congress Legislature Party (CLP) in a representation submitted to State Governor recently, has demanded dismissal of the ruling Democratic Alliance of Nagaland (DAN) government for its alleged financial mismanagement and embezzlement of public money.

(h) NDA government asks naxalites to surrender arms: Amid a walkout by opposition RJD and its allies Congress and CPI (M), the Bihar government today appealed to the naxalites to shun the path of violence and reaffirmed its pledge to root out unemployment to usher in a new era of development in Bihar.

Answer

(a) Yes, the agreement between the centre, state government and the GNLF involves the functioning of a federal structure as it allows autonomy in governance at the state and provincial level.

(b) Yes, it involves the functioning of federalism because flood relief is undertaken by the states while being funded by the centre.

(c) No, it does not involve the functioning of federalism because this appointment reflects a centralised authority.

(d) No, it does not reflect a federal structure as a centralised university comes under the control of the central government.

(e) Yes, it involves the functioning of federalism as the centre is providing funds to the state of Arunachal Pradesh under its rural water supply scheme. The state can then make use of the funds for its own development.

(f) No, it does not involve the functioning of federalism because it is hampering the essence of federalism. This act of Shiv Sena is violation of citizen’s rights as well as spirit of federalism.

(g) No, it does not involve the functioning of federalism as demand for the dismissal of a duly elected state government is an attack on the federal structure.

(h) Yes, it involves the functioning of federalism as the problem of naxalism is being tackled by government at state level.

Q2. Think which of the following statements would be correct. State why.
• Federalism enhances the possibility of people from different regions to interact without the fear of one’s culture being imposed upon them by others.
• Federal system will hinder easier economic transaction between two different regions that have distinct types of resources.
• A federal system will ensure that the powers of those at the centre will remain limited.

Answer

• This statement is correct because the federal government distributes the power between the central government and the state government and local self-government.

• This statement is not correct because the resources are of distinct type and federalism gives impetus to the economic transaction among different regions.

• This statement is correct because federalism refers more powers to the constituent units of federation.

Q3. Based on the first few articles of Belgian constitution – given below – explain how federalism is visualised in that country. Try and write a similar Article for the Constitution of India.

Title I: On Federal Belgium, its components and its territory.

Article 1 : Belgium is a Federal State made up of communities and regions.
Article 2 : Belgium is made up of three communities: The French Community, the Flemish Community and the German Community.
Article 3 : Belgium is made up of three regions: The Walloon region, the Flemish region and the Brussels region.
Article 4 : Belgium has four linguistic regions: The Frenchspeaking region, the Dutch-speaking region, the bilingual region of Brussels Capital and the German-speaking region. Each «commune» (county borough) of the Kingdom is part of one of these linguistic regions. ……..
Article 5 : The Walloon region is made up of the following provinces: The Walloon Brabant, Hainault, Liege, Luxemburg and Namur. The Flemish region is made up of the following provinces: Antwerp, the Flemish Brabant, West Flanders, East Flanders and Limburg. ……

Answer

The federal structure of Belgium is based upon communities, regions and languages. There are three communities and regions and four linguistic regions in the country.

Title I: On Federal India, its components and its territory.

Article 1 : India is a Federal State made up of communities and regions.

Article 2 : India has more than 20 major languages and several hundred minor languages.

Article 3 : India has many religions.

Article 4 : India is divided into 28 states and 7 union territories.

Article 5 : India has two separate levels of government, one at the centre and another at the state level. The power of the central government is greater than that of the state government.

Q4. Imagine that you were to rewrite the provisions regarding federalism. Write an essay of not more than 300 words making your suggestions about:
a. division of powers among the centre and the States,
b. distribution of financial resources,
c. methods of resolving inter-State disputes and
d. appointment of Governors

Answer

a. The powers of the central and state government should be separated where the states enjoy their autonomy and the central government has the advantage of having more power than that of the state government. All subjects included in the Union list should be exclusively under the jurisdiction of the Parliament. Those subjects in the State list should be exclusively with the States. Residuary Powers should be under the jurisdiction of the Union Parliament.
b. Both the Union and the State Government must have enough sources of revenue to carry out their legislative and administrative business. In India, the financial power has also been distributed between the Centre and the states. There should be a clear cut division of financial resources between the Centre and the states. Some taxes should be levied by the Central government and should also be collected by it. Revenue from these taxes should be exclusively with the Centre. Some taxes should be levied by the state government and should also be collected by it. Some taxes should be levied and collected by the Centre but income should be distributed between the Centre and the states. The resources of the state should be sufficient. The states should not depend upon the Centre for grant-in-aid. The Union Government may make loan to the states but in accordance with the provisions of the Act passed by the Parliament.

c. The central government has to take initiative to resolve interstate disputes in a time bound manner and the order of the Supreme Court would be final in this regard. An inter-state committee can be established by the Parliament. This committee enquirers into the dispute and submits its report and recommendations to the Parliament.

d. The governor should be appointed by the central government in consultation with the state government. This would prevent the misuse of the office of the governor. The candidate for the post of the Governor should not be from political background. The conditions for the imposition of President’s rule should be made very strict to prevent the abuse of this provision. State governments should have the right to challenge their dismissal in Supreme Court.

Q5. Which of the following should be the basis for formation of a State? Why?
a. Common Language
b. Common economic interests
c. Common religion d. Administrative convenience

Answer

Administrative convenience
The administrative convenience should be the basis of formation of state as it helps in the better administration and welfare of the citizens or people of that area. This would automatically lead to economic development and the development of a common economy. Language was previously the basis of formation of many states. However, as has been found in the case of Andhra Pradesh and Telangana, it is clear that even language is not a sufficient basis to ensure regional stability.

Q6. Majority of people from the States of north India – Rajasthan, Madhya Pradesh, Uttar Pradesh, Bihar—speak Hindi. If all these States are combined to form one State, would it be in tune with the idea of federalism? Give arguments.

Answer

No.
The unification of four large states with large populations would not be in tune with the idea of federalism because there are many regional variations in the local issues that affect people in these states. AFrom an administrative point of view, the creation of one very large state with a huge population would lead to imbalances in the distribution of resources across the territory. This would lead to unequal development and conflicts between various regions with the failure to fulfil the aspirations of all people.

Q7. List four features of the Indian Constitution that give greater power to the central government than the State government.

Answer

• Division of power in favour of centre: Various subjects have been demarcated in the division of lists, i.e. union list-97 subjects, states list 66 and concurrent list-47 subjects. All the subjects, which have national importance, included in the union list. In case of any conflict on the subjects of concurrent list, the saying of the central government is important, rather than state government.

• National Emergency: During the declaration of national emergency, the government is changed to a unitary form, from a federation. If emergency is declared in a particular state due to failure of constitutional machinery there, the legislative powers goes into the hands of the center and the executive power goes in the hands of the President In case of declaration of financial emergency by the President, the center is again authorized to issue directions concerning the economy of the state and they will obey it.

• Appointment of Governors: The Governor is the head of the state as well as an agent of the central government. He is appointed by the President of India and remains in the office till the pleasure of the President. Hence, Governors act according to the wishes of the central government.

• Articles 33 and 34 have strengthened the powers of the central government by authorising the parliament to protect persons in service of the union. The state governments cannot take disciplinary action nor can remove any administrative officer appointed by the central government.

Q8. Why are many States unhappy about the role of the Governor?

Answer

Many states are unhappy about the role of the governor because the governor is appointed by the central government. Therefore, there is a possibility of the governor’s office being used to control and remove the state government. The governor is not elected but appointed by the central government and can be a retired military officer, civil servant or politician. The governor can suspend the elected state government and can also dissolve the legislative assembly. The governor also has the power to reserve a bill passed by the state government for the assent of the President.

Q9. President’s rule can be imposed in a State if the government is not being run according to the provisions of the Constitution. State whether any of the following conditions are a fit case for imposition of President’s rule in the State. Give reasons.
(a) two members of the State legislative assembly belonging to the main opposition party have been killed by criminals and the opposition is demanding dismissal of the State government.
(b) Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing.
(c) No political party has secured majority in the recent elections of the State Legislative Assembly. It is feared that some MLAs from the other parties may be lured to support a political party in return for money.
(d) Different political parties are ruling in the State and at the centre and they are bitter opponents of each other.
(e) More than 2000 people have been killed in the communal riots.
(f) In the water dispute between the two States, one State government refused to follow the decision of the Supreme Court.

Answer

(a) No. Killing of two members of the State legislative assembly belonging to the main opposition party by the criminals is not valid ground for removal of the state government as it is a law and order problem.

(b) No. Rise in kidnapping of young children for ransom and the number of crimes against women is also a law and order problem.

(c) No. President’s rule cannot be imposed in a state without giving the largest political party or alliance a chance to prove their majority on the floor of legislative assembly.

(d) No. Two parties are ruling in the State and at the Center is the federalism, though they may be bitter opponents to each other but it is not the situation to impose President’s rule.

(e) Yes. If the state is inefficient to control the riots then President’s Rule needs to be implemented as it represents a complete failure of the administration.

(f) Yes. If one state has refused to follow the decision of Supreme Court then it is a case of breakdown of constitutional order and fit for imposition of President’s rule.

Q10. What are the demands raised by States in their quest for greater autonomy?

Answer

• Demand for separation of state and central power: Tamil Nadu, West Bengal and Punjab have demanded that more important powers should be assigned to the states.

• Financial autonomy: Some states have demanded for independent sources of revenue and greater control over resources.

• Administrative autonomy: States have demanded that the centre should not have control over the administrative machinery of the state.

• Cultural and Linguistic: Some states have demanded for autonomy on the basis of language and culture.

Q11. Should some States be governed by special provisions? Does this create resentment among other States? Does this help in forging greater unity among the regions of the country?

Answer

It is essential that some states should be governed by the special provisions on the basis of historical, cultural and social circumstances and administrative requirements. The north-eastern states, Jammu & Kashmir, the hilly state of Himachal Pradesh and some other states like Andhra Pradesh, Goa, Gujarat, Maharashtra and Sikkim are governed by special provisions.

• Under Article 370, Jammu and Kashmir enjoys more autonomous powers rather than the other
States.

• Under Article 371, the north-eastern states like Arunachal Pradesh, Mizoram, Assam, Nagaland, etc. enjoy special provisions due to sizeable indigineous tribal population with a distinct history and culture.

Special provisions has created resentment among other states as there is a fear that these provisions would lead to separation in those areas. Many people oppose these provisions because they believe that there should be equal division of powers in federal state.

Long Answer Type Questions :

Q1.Legislative powers have been distributed between the central and state government. Justify.
Answer:
Legislative relations between the central and state government have been distributed through the various lists, i.e. the union list, state list and concurrent list:
1. The union list:

• The union list contains 98 subjects after 42nd amendment, (Previously had 97)
• On these, subjects, only central government can frame or implement laws.
• These subjects are of national importance and equally applicable to citizens of India.
• Its examples are defence, foreign affairs, railways, peace and war, communication, etc.

2. The state list:

• This list contains 66 subjects after 42nd amendment (Previously were 62)
• On these subjects, only states can legislate the laws.
• These subjects are of state importance.
• Its examples are police, education, public health, law and order, local-self government, etc.

3. Concurrent list:

• This list contains 52 subjects after 42nd amendment. (Previously were 47)
• Both the central and state governments can implement laws the subjects.
• Its examples are marriage, divorce, electricity, price control, etc.

4. Residuary powers:
To make the center very strong, the residuary powers have been given to the central government only.

5. Union government can implement laws on the subjects of state list:

• At the resolution of Rajya Sabha by 2/3 majority which has declared any subject of national importance.
• If two or more states request the union government to enact law on particular subject.
• If emergency has been proclaimed either on the basis of failure of constitutional machinery or war, external or internal aggression and armed revolt.

Q2.What is the administrative relationship between the central and state government in India? Explain.
Answer:

• The central government is empowered to give directions to the state government if it feels that any law has become a hindrance in the functioning of central government of any law has not been executed very well.
• The governors of the states are appointed by the central government only who works as an agent between the centre and the state. The governor informs about the functioning of the state to the central government, and council of ministers reserves the right to remove him also.
• The parliament establishes an inter-state council also to enquire into the inter-state disputes, to submit recommendations, and to consider the common interest.
• If an emergency is proclaimed, due to external or internal aggression or war or failure of constitutional machinary, all the powers are vested into the hands of central government to implement the laws on the subjects mentioned in the state list.

Short Answer Type Question:

Q1. What are the different ways in which the independence of the judiciary is ensured? Choose the odd ones out.
i. Chief Justice of the Supreme Court is consulted in the appointment of other judges of Supreme Court.ii. Judges are generally not removed before the age of retirement.
iii. Judge of a High Court cannot be transferred to another High Court.
iv. Parliament has no say in the appointment of judges.
Answer
iii. Judge of a High Court cannot be transferred to another High Court.
iv. Parliament has no say in the appointment of judges.

Q2. Does independence of the judiciary mean that the judiciary is not accountable to any one? Write your answer in not more than 100 words.
Answer
Independence of judiciary means that it should be honest and impartial in giving its judgement. It should be free from any outside control of the executive or the legislature. The judiciary has to work according to the laws written in the constitution. Any kind of misbehaviour and incapacity of the judges can lead to their removal from the post. The judges have to write and explain the grounds of their decision made in the court. They cannot rule one way today and the opposite tomorrow in the same case. The judiciary cannot interfere in the sphere of legislature and executive. The system has to function independently while having accountability to the Constitution.

Q3. What are the different provisions in the constitution in order to maintain the independence of judiciary?
Answer
The different provisions in the constitution in order to maintain the independence of judiciary are:
• The conduct of the judges cannot be discussed in the parliament.
• The legislature is not involved in the process of appointment of judges.
• The judges have fixed tenure that ensures that they can work fearlessly. They can be removed only in exceptional cases.
• The removal of judges of the Supreme Court and the High Courts is extremely difficult.
• The approval of the legislature is not required for salaries and allowances of the judges.
• The authority of the judges protects them from any unfair criticism and the judiciary can penalise those who are guilty of contempt of court.
• The instructions of the judiciary have to be followed by the legislature and executive of the country.

Q4. Read the news report below and identify the following aspects:
• What is the case about?
• Who has been the beneficiary in the case?
• Who is the petitioner in the case?
• Visualise what would have been the different arguments put forward by the company.
• What arguments would the farmers have put forward?
Supreme Court orders REL to pay Rs 300 crore to Dahanu farmersOur Corporate Bureau 24 March 2005Mumbai: The Supreme Court has ordered Reliance Energy to pay Rs. 300 crore to farmers who grow the chikoo fruit in the Dahanu area outside Mumbai. The order comes after the chikoo growers petitioned the court against the pollution caused by Reliance’s thermal power plant.Dahanu, which is 150 km from Mumbai, was a self-sustaining agricultural and horticultural economy known for its fisheries and forests just over a decade ago, but was devastated in 1989 when a thermal power plant came into operation in the region. The next year, this fertile belt saw its first crop failure. Now, 70 per cent of the crop of what was once the fruit bowl of Maharashtra is gone. The fisheries have shut and the forest cover has thinned. Farmers and environmentalists say that fly ash from the power plant entered ground water and polluted the entire eco-system. The Dahanu Taluka Environment Protection Authority ordered the thermal station to set up a pollution control unit to reduce sulphur emissions, and in spite of a Supreme Court order backing the order the pollution control plant was not set up even by 2002. In 2003, Reliance acquired the thermal station and re-submitted a schedule for installation process in 2004. As the pollution control plant is still not set up, the Dahanu Taluka Environmental Protection Authority asked Reliance for a bank guarantee of Rs. 300 crores.
Answer
• The case is about the loss borne by the farmers in the production of chikoo because of the pollution generated by the thermal power plant of Reliance Energy.

• The farmers have been the beneficiary in the case.

• The chikoo growing farmers are the petitioner in the case.
• The company would have given the argument that the government should pay compensation to the farmers. The people of Dahanu area got more employment opportunities with the establishment of Thermal Plant. (i) The company would set up pollution control plant at the earliest.
• (i) Fertile land.(ii) The fisheries have shut down and the forest cover has thinned.(iii) The farmers would have demanded more compensation

Q5. Read the following news report and• Identify the governments at different levels
• Identify the role of Supreme Court
• What elements of the working of judiciary and executive can you identify in it?
• Identify the policy issues, matters related to legislation, implementation and interpretation of the law involved in this case.Centre, Delhi join hands on CNG issueBy Our Staff Reporter, The Hindu 23 September 2001NEW DELHI, SEPT. 22. The Centre and the Delhi Government today agreed to jointly approach the Supreme Court this coming week… for phasing out of all non-CNG commercial vehicles in the Capital. They also decided to seek a dual fuel policy for the city instead of putting the entire transportation system on the single-fuel mode “which was full of dangers and would result indisaster.’’It was also decided to discourage the use of CNG by private vehicle owners in the Capital. Both governments would press for allowing the use of 0.05 per cent low sulphur diesel for running of buses in the Capital. In addition, it would be pleaded before the Court that all commercial vehicles, which fulfil the Euro-II standards, should be allowed to ply in the city. Though both the Centre and the State would file separate affidavits, these would contain common points. The Centre would also go out and support the Delhi Government’s stand on the issues concerning CNG.These decisions were taken at a meeting between the Delhi Chief Minister, Ms. Sheila Dikshit, and the Union Petroleum and Natural Gas Minister, Mr. Ram Naik.Ms. Dikshit said the Central Government would request the court that in view of the high powered Committee appointed under Dr. R.A. Mashelkar to suggest an “Auto Fuel Policy”’ for the entirecountry, it would be appropriate to extend the deadline as it was not possible to convert the entire 10,000-odd bus fleet into CNG during the prescribed time frame. The Mashelkar Committee is expected to submit its report within a period of six months.The Chief Minister said time was required to implement the court directives. Referring to the coordinated approach on the issue, Ms. Dikshit said this would take into account the details about the number of vehicles to be run on CNG, eliminating long queues outside CNG filling stations, the CNG fuel requirements of Delhi and the ways and means to implement the directive of the court.The Supreme Court had …refused to relax the only CNG norm for the city’s buses but said it had never insisted on CNG for taxis and auto rickshaws. Mr. Naik said the Centre would insist on allowing use of low sulphur diesel for buses in Delhi as putting the entire transportation system dependent on CNG could prove to be disastrous. The Capital relied on pipeline supply for CNG and any disruption would throw the public transport system out of gear.
Answer
• The governments at different levels are the state government and the central government, represented by the chief minister and the Union petroleum minister respectively.
• The Supreme Court has played an active role in upholding public interest by instructing authorities to take steps to curb pollution.

• The action of the judiciary is an example of judicial activism and writ jurisdiction. The executive is concerned with the implementation of the directives of the judiciary.
• (i) Policy involved is to phase out all non-CNG commercial vehicles in the capital(ii) To discharge the use of CNG by private vehicle owners in the capital.(iii) All commercial vehicles, which fullfil the EuroIl standards should be allowed to ply in the city.
(iv) The Supreme Court refused to relax the only CNG norm for the city’s buses but said it had never insisted on CNG for taxis and auto rickshaws.

Q6. The following is a statement about Ecuador. What similarities or differences do you find between this example and the judicial system in India?“It would be helpful if a body of common law, or judicial precedent, existed that could clarify a journalist’s rights. Unfortunately, Ecuador’s courts don’t work that way. Judges are not forced to respect the rulings of higher courts in previous cases. Unlike the US, an appellate judge in Ecuador (or elsewhere in South America, for that matter) need not provide a written decision explaining the legal basis of a ruling. A judge may rule one way today and the opposite way, in a similar case, tomorrow, without explaining why.”
Answer
The differences between the judicial system in India and Ecuador can be cited as:

• Unlike the judges in Ecuador, Indian judges have to follow the instructions and rulings of higher courts in previous cases.
• Indian judges have to provide a written decision that explains the legal basis of a ruling.
• An Indian judge may not rule one way today and in the other way tomorrow in the same case and he has to give explanation of the decision of every ruling in written form.

Q7. Read the following statements: Match them with the different jurisdictions the Supreme Court can exercise – Original, Appellate, and Advisory.• The government wanted to know if it can pass a law about the citizenship status of residents of Pakistan-occupied areas of Jammu and Kashmir.• In order to resolve the dispute about river Cauvery the government of Tamil Nadu wants to approach the court.• Court rejected the appeal by people against the eviction from the dam site.
Answer
• Advisory• Original• Appellate

Q8. In what way can public interest litigation help the poor?
Answer
Public interest litigation can help the poor by:• It can seek to protect the fundamental rights and better the living conditions of the poor.
• It can allow public spirited citizens, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.
• The judiciary can also consider the cases on the basis of newspaper reports and postal complaints received by the court.• The courts can direct the executive to comply with its orders and provide remedial action to the aggrieved party whose rights have been violated.
• PILs have also expanded the idea of rights and thus, have led to formation of new norms for public good like clean air and water that have benefitted the entire society.

Q9. Do you think that judicial activism can lead to a conflict between the judiciary and the executive? Why?
Answer
Judicial activism can lead to a conflict between the judiciary and the executive because of the interference of the judiciary in the domain of the executive. Issues related to pollution, investigation of cases against corruption and electoral reforms that are ordinarily handled by the executive under the control of the legislature, are being resolved by the judiciary. Judicial activism also violates the democratic principle of respecting the powers and jurisdiction of each organ of government as it confers extraordinary powers on the judiciary. Thus, the balance between the three organs of the government has become very delicate.

Q10. How is judicial activism related to the protection of fundamental rights? Has it helped in expanding the scope of fundamental rights?
Answer
• Judicial activism is related to the protection of fundamental rights as it has made the judiciary more approachable by the common people seeking justice.
• The Supreme Court and High Court are the guardians of the Fundamental Rights mentioned in the Indian Constitution. Many Judgements of the Supreme Court related to the protection of Fundamental Rights symbolises judicial activism. In Sunil Batra Case, Justice Krishna Ayer stressed that the high pricing of legal publications monopolised by the government amounted to denial of equal protection of laws.

• The Supreme Court has the power to remedy the violation of fundamental rights by issuing writs of Habeas corpus and mandamus or by reviewing and declaring certain laws as unconstitutional.

• The public interest litigation helps the poor to fight against discrimination.

• Issues related to better living conditions, like clean air and water and pollution free environment, have also helped in the expansion of the scope of fundamental rights.

Long Answer Type Questions :

Q1.Explain the composition, original and appellate jurisdiction of Supreme Court of India.
Answer:
Composition:
As per Article 124 (1) of the constitution provides that Parliament does not make provisions for the appointment of judges through a law as the Supreme Court shall have a Chief Justice and seven other judges. But this number has been increased several times by Parliament. Hence, at present there is a Chief Justice and 25 other judges.

Appointment and Tenure: The Chief Justice is appointed by the President of India and other judges are also appointed by the President on consultation with the Chief Justice. The judges hold their office till the age of retirement till they complete 65 years of age.

Original Jurisdiction:

As per Article 32, the original jurisdiction of the Supreme Court extends, to issue various writs to enforce Fundamental Rights of the people and the high court enjoys concurrent jurisdiction over them.

The following cases of center and states directly come under the original jurisdiction of the Supreme Court:

• The dispute between the central government and state government.
• The central government and one or more states on the one hand and one or more states on the other or
• Two or more states are involved in the disputes.

But no such case will come under its jurisdiction (original) which is concerned with a treaty of contract to be negotiated before the enforcement of the constitution or a contract in which it is given specifically that the contract will not be taken to the Supreme Court.

Appellate Jurisdiction: The Appellate jurisdiction of the Supreme Court is classified into three types as constitutional, criminal and civil:

1. Constitutional Appeals:

• An appeal to the Supreme Court against the decision of high court for the interpretation of the constitution.
• Such appeal can be brought to the Supreme Court if high court certifies to require an interpretation in that particular case.
• If the Supreme Court grants a special leave of appeal.

2. Criminal Appeals:

• If high court certifies that a case is fit to take to the Supreme Court for an appeal.
• If a criminal acquitted by a lower court and is sentenced to death by high court.
• If a high court awards death sentence in a case which it had taken from a lower court undecided.

3. Civil Cases’ Appeals:

• The 30th amendment in 1972 brought some significant changes in civil proceedings against a judgement of high court required that the amount involved in subject matter of dispute should not be less than ? 20,000 for invoking the Appellate jurisdiction of the Supreme Court.

Q2.Explain the composition and jurisdiction of the subordinate courts at the district level in India.
Answer:
The jurisdiction of the subordinate courts at the district level is classified into:
(a) The Criminal Courts
(b) The Civil Courts
(c) The Revenue Courts

(а) The criminal courts:

• The highest court in a district is the District and session judges’ court to be empowered to hear both the civil and criminal cases.
• The District and Session judges, both are the same person’ in case of hearing of civil cases, the same judge is known as session judge.
• He is appointed by the Governor of the state in the consultation with the Chief Justice of the high court under whose jurisdiction the state falls.
• Some other session judges can also be appointed if required.
• He hears appeals from subordinate courts in the matters of serious crimes, i.e. murder, dacoities, etc.
• He is empowered to award the sentence to death but this should be confirmed by the high court.
• The lowest criminal court in the district is third class Magistrate to hear small cases of beating and quarreling and is empowered to sentence one month’s imprisonment and fine of up to ? 50 only.
• The second class magistrate comes next to the above mentioned to hear the cases of some more graver nature and is empowered to sentence for six months’ imprisonment and fine up to ? 200 only.
• Then, comes first class Magistrate above them to enjoy appellate and original jurisdiction both in the cases involving a sentence of imprisonment up to two years and a fine up to ? 1,000.
• Against the first class Magistrate’s courts, the appeals can be filed in the district and session courts.

(b) The Civil Courts:

• The district judge is the highest civil court in a district.
• There are many sub-judges under him under various courts, to be divided into several ranks.
• These sub-judges can hear the cases involving an amount of? 5,000 only, who possess original jurisdiction and hear the appeals against MursiPs court also.
• The Munsif court is competent to hear the cases involving an amount of ? 2,000 only.
• Some courts competent to hear small cases involving an amount of? 1,000 have also been established and against the decision of this court, no appeal can be made because very experienced persons are appointed as judges here.
• There are also some senior civil judges to help the district judges who generally possess the powers of a district judges.

(c) Revenue courts:

• Revenue courts hear the appeals relating to revenue of the district.
• The lowest Revenue court is the court of Naib Tehsildar and above him, the court of Tehsildar to hear the revenue cases.
• The highest revenue court in the district is the court of Collector (Deputy Commissioner).
• Appeals against Deputy Commissioner’s court can be made in the court of commissioner.
• The appeals against commissioner’s court can be made in Board of Revenue and above it to the high court if required.

Q3.What is the importance of the judicial review of the Supreme Court of India?
Answer:
Judicial review is an examination by the courts in the cases of legislative status and executive and administrative acts to determine either they are prohibited by a written constitution or it is deemed to be in conflict with the basic law of constitution.
The Supreme Court acts as the guardian and finds interpreter of the constitution:

• Under Article 32(2) of the constitution, the Supreme Court will decide whether a law in connection with the enforcement of the Fundamental Rights is void or not in its review, or issue the writs if required.
• Under Article 24, court can review the extent of law made by legislatures of states.
• Under Article 246(3), the legislatures of any state has exclusive powers to make law on the subject in state list.
• Under Article 254, the Supreme Court can also decide any inconsistency between the law made by legislatures of the state.

Importance

• To interpret properly to the written constitution, the judicial review is necessary.
• To secure the public interests and safety of the states, the judicial review is necessary to protect the civil liberties.
• To understand some technical words and language in the constitution, the judicial review is must.

Short Answer Type Question:

Q1. Alok thinks that a country needs an efficient government that looks after the welfare of the people. So, if we simply elected our Prime Minister and Ministers and left to them the task of government, we will not need a legislature. Do you agree? Give reasons for your answer.
Answer
I do not agree with Alok because leaving the whole task of government with Prime Minister and Ministers would hamper the essence of democracy. The task of the legislature includes law making. It is a complex process that requires the opinion of all sections of society. A legislature is required for this purpose. The legislature helps people to hold the council of ministers accountable, In the absence of legislature, council of ministers would become unresponsive to the people’s hopes and aspiration.

Q2. A class was debating the merits of a bicameral system. The following points were made during the discussion. Read the arguments and say if you agree or disagree with each of them, giving reasons.• Neha said that bicameral legislature does not serve any purpose.• Shama argued that experts should be nominated in the second chamber.
• Tridib said that if a country is not a federation, then there is no need to have a second chamber.
Answer
• I do not agree with Neha. Bicameral legislature is necessary for a democratic country with large population and much diversity. Bicameral legislature helps in providing due representation to all sections of the society as well as the monopoly of either the chamber can be approached as ‘check and balance’.
• I agree with Shama that experts should be nominated into the second chamber as they can provide inputs on subjects that require technical knowledge and give rational suggestions for policy making.
• I do not agree with Tridib as federalism is not a pre-condition for having bicameral legislature.Even in a Unitary state, a second chamber is required. The second chamber is essential to serve as a check on hasty and unwise legislation passed by the lower chamber.

Q3. Why can the Lok Sabha control the executive more effectively than the Rajya Sabha can?
Answer
Lok Sabha exercises control over the executive more effectively than Rajya Sabha because it is a directly elected body. The Council of Ministers is responsible to Lok Sabha and not the Rajya Sabha.
• The Lok Sabha has the power to make laws, ask questions and amend the Constitution.

• The Lok Sabha can remove the government by expressing no-confidence but Rajya Sabha cannot remove any government.

• Lok Sabha has crucial power in controlling the finances as it can reject money bill but Rajya Sabha cannot reject the money bill.

Q4. Rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. Do you agree? Give reasons.
Answer
I agree with the statement that rather than effective control of the executive, the Lok Sabha is a platform for the expression of popular sentiments and people’s expectations. The representatives of the people express the difficulties of the people of their constituencies. They draw the attention of the Government towards the grievances of the people. A debate on a particular bill takes place and opens the path for its modifications, etc. if required. The Parliament enjoys the powers to frame laws on the subjects given in the union list and concurrent list if required.

Q5. The following are some proposals for making the Parliament more effective. State if you agree or disagree with each of them and give your reasons. Explain what would be the effect if these suggestions were accepted.• Parliament should work for longer period.
• Attendance should be made compulsory for members of Parliament.
• Speakers should be empowered to penalise members for interrupting the proceedings of the House.
Answer
• I agree with the above proposal that parliament should work for a longer period. There are a large number of issues that require debate and legislation and these are delayed sometimes because the parliament is not in session. To overcome this, the parliament needs to work for a longer time.
• I agree with this proposal as compulsory attendance would lead to presence of members for crucial decisions that require the support of majority. It would also encourage presentation of views across the political spectrum.
• I agree with this proposal as penalising members for interrupting the proceedings of house would lead to less wastage of time. This would also lead to less wastage of the tax payers’ money that is incurred to run the parliament.

Q6. Arif wanted to know that if ministers propose most of the important bills and if the majority party often gets the government bills passed, what is the role of the Parliament in the law making process? What answer would you give him?
Answer
Parliament is an important component of the law making process even though most of the important bills are proposed by ministers because the provisions of the proposed law are required to be debated and these debates can only be conducted in parliament. The opposition also participates in the framing of laws by suggesting changes and thus, it is necessary for legislative procedure to take place in parliament. If, there are differences between the two houses, a joint session of parliament resolves the issues.

Q7. Which of the following statements you agree with the most? Give your reasons.• Legislators must be free to join any party they want.• Anti-defection law has contributed to the domination of the party leaders over the legislators.• Defection is always for selfish purposes and therefore, a legislator who wants to join another party must be disqualified from being a minister for the next two years.
Answer
I agree with the statement that defection is generally for selfish purposes. Hence a legislator who wants to join another party must be disqualified from being a minister for the next two years. Under 91st Amendment, if it is proved that a member has defected, then such member loses his membership of the House.

Q8. Dolly and Sudha are debating about the efficiency and effectiveness of the Parliament in recent times. Dolly believed that the decline of Indian Parliament is evident in the less time spent on debate and discussion and increase in the disturbances of the functioning of the House and walkouts etc. Sudha contends that the fall of different governments on the floor of Lok Sabha is a proof of its vibrancy. What other arguments can you provide to support or oppose the positions of Dolly and Sudha?
Answer
Both the statement made by Dolly and Sudha are correct upto some extent. The time spent on debates has decreased and on many occasions, entire sessions of parliament have passed without discussions due to disruption by one party or the other. This has somewhat hindered the law-making process as many progressive legislations have been pending for a long period of time. However, the effectiveness of Parliament as an institution is undiminished as it remains the supreme law making body in the country.
The fall of different governments on the floor of the Lok Sabha reminds us that no government can afford to take its existence for granted. It has to be accountable for its actions. A government cannot survive by acting against the wishes of the majority of elected representatives. This has checked the large concentration of power in the Council of Ministers.

Q9. Arrange the different stages of passing of a bill into a law in their correct sequence:.• A resolution is passed to admit the bill for discussion• The bill is referred to the President of India – write what happens next if s/he does not sign it• The bill is referred to other House and is passed• The bill is passed in the house in which it was proposed• The bill is read clause by clause and each is voted upon• The bill is referred to the subcommittee – the committee makes some changes and sends it back to the house for discussion• The concerned minister proposes the need for a bill• Legislative department in ministry of law, drafts a bill.
Answer
1. The concerned minister proposes the need for a bill2. A resolution is passed to admit the bill for discussion3. Legislative department in ministry of law, drafts a bill4. The bill is referred to the subcommittee – the committee makes some changes and sends it back to the house for discussion5. The bill is read clause by clause and each is voted upon6. The bill is passed in the house in which it was proposed7. The bill is referred to other House and is passed8. The bill is referred to the President of India

Q10. How has the system of parliamentary committee affected the overseeing and appraisal of legislation by the Parliament?
Answer
• The system of parliamentary committee has influenced the overseeing and appraisal of legislation by the Parliament as most of decisions regarding the technical points of legislation are referred to these committees. The Parliament rarely rejects any of the suggestions made by the committee.
• These committees have reduced the burden of Parliament as they gather whole information on the bill and can ask any member to appear before it. After that committee sends its report, the Parliament debates on it as well as provide some necessary recommendations and approve it. This has diluted the Parliament’s appraisal of legislations to a large extent.

Long Answer Type Questions :

Q1.What are the powers and functions of the parliament?
Answer:
The parliament is Bi-cameral legislature consisting of two houses alongwith the President of India. It enjoys the following powers and functions.
Legislative Powers:

• To pass laws on the subjects given in the union list like foreign affairs, defence, war and peace, railway, etc.
• To pass laws on the subjects given in the concurrent list.
• The state legislature also have the same power on the subjects mentioned in the state list, but parliament also can pass

laws on these subjects in the following circumstances:

• If the council of states passes a resolution by 2/3 majority declaring a subject to be of national importance to be valid for one year only.
• If emergency is proclaimed for the whole country or any part thereof, the parliament can pass laws on the state list also. But such laws will come to an end to the extent of unconstitutionality, six months after the end of emergency.
• If emergency is proclaimed due to the failure of constitutional machinery in a state, the laws made by parliament during such an emergency shall cease to operate to the extent of incompetency, one year after the proclamation ends.

Financial Powers:

• To pass the budget
• No tax can be imposed without approval of parliament.
• No expenditure can be incurred without the sanction of parliament.
• The government has no authority to any change any amount of its own free will.
• The parliament has its, own committees to enquiry about the adequacy of the expenditure and estimate, etc.

3. Control over Executive:

• The ministers are responsible towards the parliament for their actions and policies.
• Parliament can draw the attention of the government towards serious problems and events through ‘Adjournment Motion’.
• Parliament can ask questions to the ministers and is supposed to get satisfactory responses.
• During budget, the parliament criticizes the policies of Government on the different departments of government.
• Parliament can enjoy ‘no confidence’ motion against the government or reject any government Bill or reduce the salary of any minister by a resolution. Hence, government has to resign.

4. Judicial Powers:

• To confer power of issuing writs and directions for any purpose other than the protection of fundamental rights on the Supreme Court of India.
• To confer some other powers also in the Supreme Court not to be against constitution, but essential for the performance of its duty.
• It may establish High Court in a centrally administered area as well as extend the empowerment or jurisdiction of a high court if required.
• It has the power to impeach against high dignitaries as the President, Judges of the Supreme Court, and High Courts.

5. Electoral Powers:

• The elected members of Parliament participate in the election of President with the elected members of Legislative Assemblies of the states.
• Parliament elects the Vice President.
• It elects the speaker.

6. Power to Amend Constitution:

• Parliament amends the constitution as per the Article 368.
• An amendment can be made only if it is passed by absolute majority or 2/3 majority of the members present and voting in both the houses separately.
• But approval of 50% states is required in addition to the procedure given above for amending the articles given in Article 368.

Q2.Describe the law-making procedure in the Parliament of India.
Answer:
An ordinary bill has to go through the various stages of law-making in the following manner:
Introduction or the first reading:

• A request for introduction along with objects and reasons is sent to the presiding officer.
• On the appointed data member-in-charge of the bill moves the motion for permission to introduce the bill.
• No debate takes place and the presiding officer puts bill to vote.
• Sometimes opposition takes place, the presiding officer asks to make a brief explanation of bill.
• After, the permission of speaker, the bill is published in the Government Gazette.

Second Reading:

• After the consideration, the data is fixed for the second reading.
• The bill may be referred to a select committee of house or
• The bill may be taken up for consideration or
• The bill may be circulated for the purpose of getting public opinion.
• Only main principles are discussed.

Committee Stage:

• A committee of 20-30 members is appointed to go through the bill thoroughly.
• Committee gathers full information on the bill and discuss its pros and cons.
• Committee can make some changes also in the bill at this stage.
• Committee can ask any member to appear before it.
• Committee consists of the mover of the bill and few other members.

4. Report Stage:

• Committee submits reports within three months or the period assigned by the house.
• The reports are published and its copies are distributed among the members of parliament.
• A discussion takes place by supporters and its opposers.
• After that, voting takes place and if the majority votes in favour, it is passed otherwise rejected.

5. Third Reading:

• It is the last stage, where no substantial changes are made, only some amendments are allowed.
• Then it is put to vote and if majority supports it, it is declared passed.
• The speaker or chairman, as the case may be, certifies that the bill has been passed in the house, and sends it to other house.

6. Bill in other House:

• In other house also, the bill goes through various stages like the first house.
• If the bill is passed, it is sent to the President for his signature to become an Act or Law.

Q3.Describe the procedure for election, position and powers of the speaker of a State Legislative Assembly.
Answer:
Election:

• The speaker presides over the meetings of the Assembly and is responsible for conducting the business of the house. The members of newly elected Legislative Assembly elect the speaker from amongst themselves.
• The speaker remains along with the tenure of Assembly and he remains in his office even if Assembly is dissolved, till the first meeting of the Assembly. He may resign, if he desires.
• He may be removed only by an absolute majority which requires 14 days’ notice at least.

Position:

• His office is one of the honour, dignity and authority.
• He presides over the meeting of the Assembly.
• He maintains the discipline of the house.
• He takes care of the privileges of the members.

Powers and functions:

• Presides over its meetings and conducts its proceedings.
• The motions are admitted by him for discussion.
• He maintains discipline in the house.
• He safeguards the privileges of the members of parliament.
• He may punish the members for a breach of discipline or he can expel them from the house or suspend them for sometime.
• He asks members to vote whenever required and announces the result.
• He enjoys the right to cast a vote in case of equality of votes.
• He certifies the Money Bills.
• He sends the bills forward, i.e. to the Governor or to Legislative Council as the case may be.

Q4.‘Rajya Sabha is less powerful than Lok Sabha’. Justify the statement.
Answer:
This statement can be justified by the following relationship between the two houses:
Ordinary Bills:

• Ordinary Bills can be introduced in either of the house.
• After one house passes it, it is sent to the other house for amendments in the bill or to reject it.
• If the other house passes the bill in the original form, it is sent to the President’s sanction.
• If two houses do not agree on the bill, a joint session of Parliament is called upon by the President under Article 108 of the constitution.
• The decision is taken on the majority basis and the voice of Lok Sabha prevails due to its numerical strength.

Financial Powers:

• Money Bills and Budget are originated only in the Lok Sabha.
• If the Lok Sabha passes a Money Bill, it is sent to the Rajya Sabha for amendment or recommendations.
• Rajya Sabha is supposed to return the Money Bill within 14 days and if within 14 days, it is not returned, it is considered to be passed by both the houses. id) It is up to Lok Sabha to accept the recommendations of Rajya Sabha or not.
• In case of disagreement of houses on money bill, no joint session is called upon.
• Hence, Lok Sabha enjoys absolute power over the finance of country.

3. Control over Executive:

• The council of ministers is responsible towards parliament for its policies and actions.
• Executive is answerable to the parliament only.
• Though Rajya Sabha can exert its influence on the Government in many ways but it cannot remove the government from its office. This power is exercised only by the Lok Sabha.
• Lok Sabha can exercise no confidence or reject a bill or money bill, hence government has to resign.
• Hence, government is supposed to be in touch with the Lok Sabha. Hence, it can be concluded that Lok Sabha is more powerful than Rajya Sabha.

Q5.Describe the amendment procedure of constitution.
Answer:
The constitution of India is partly rigid or partly flexible to make some necessary
amendments in the following manner:
By Simple Majority:
The Parliament of India has the power to amend the constitution by its own initiatives in following cases:

• Article 3 of the constitution brought out States Reorganization Act of 1956 to form new states or to change in the name of the states. These matters are carried out by simple majority of both the houses of Parliament on the desire of President.
• Under Article 169, the formation or abolition of second chamber can also be decided by a simple majority only.
• Article 240 provides the provisions on the good administration of the centrally administered territories, if amendment is required.

By Special Majority:

• Article 368 has the provisions for the process of amending constitution.
• Bill for such amendments can be introduced in either the house.
• If both the houses pass the bill with absolute majority or 2/3 majority of the members present and voting, it will be sent to the President for his signatures.
• All the subjects which are not mentioned in the first list and third list, can also be amended through this procedure only.

By a special majority along with the consent of the states: If an amendment is concerned with the subjects given in Article 368, it is supposed to be approved by 1/4 of the state Assemblies after being passed by both the houses with absolute majority or 2/3 majority of the members present and voting. But the amendment will come into force after it is signed by the president:

• Election of president and his removal
• Extent of executive power of union
• Extent of executive powers of states
• Union judiciary
• The high courts in the states
• High court for union territories
• Legislative relations between the center and the states
• The representation of states in parliament
• Lists of the VII schedule
• Article 368 itself

Q6.Mention the powers of the Lok Sabha and the Rajya Sabha.

Answer

Q1. A parliamentary executive means:a. Executive where there is a parliamentb. Executive elected by the parliamentc. Where the parliament functions as the Executived. Executive that is dependent on support of the majority in the parliament►

Answer

d. Executive that is dependent on support of the majority in the parliament

Q2.  Read this dialogue. Which argument do you agree with? Why?Amit: Looking at the constitutional provisions, it seems that the President is only a rubber stamp.Shama: The President appoints the Prime Minister. So, he must have the powers to remove the Prime Minister as well.Rajesh: We don’t need a President. After the election, the Parliament can meet and elect a leader to be the Prime Minister.
Answer

I agree with argument given by Amit that the President is only a rubber stamp because according to constitutional provision there is no real power which is in the hands of the president. Despite having certain discretionary powers 

Q3. Match the following:

i. Works within the particular State in which recruited	a. Indian Foreign Services
ii. Works in any central government office located either at the national capital or elsewhere in the country	b. State Civil Services
iii. Works in a particular State to which allotted; can also be sent on deputation to the centre	c. All India Services
iv.Works in Indian missions abroad	d. Central Services

Answer

i. Works within the particular State in which recruited	b. State Civil Services
ii. Works in any central government office located either at the national capital or elsewhere in the country	c. All India Services
iii. Works in a particular State to which allotted; can also be sent on deputation to the centre	d. Central Services
iv.Works in Indian missions abroad	a. Indian Foreign Services

Q4. Identify the ministry which may have released the following news items. Would this be a ministry of the central government or the State government? Why?
a. An official release said that in 2004-05 the Tamil Nadu Textbooks Corporation would release new versions for standards VII, X and XI.
b. A new railway loop line bypassing the crowded Tiruvallur-Chennai section to help iron ore exporters. The new line, likely to be about 80 km long, will branch off at Puttur and then reach Athipattu near the port.
c. The three-member sub-divisional committee formed to verify suicide by farmers in Ramayampet mandal has found that the two farmers who committed suicide this month have had economic problems due to failure of crops.

Answer

a. Ministry of Human Resource Development, State government may have released because textbooks are published for a particular state.

b. Railway Ministry, Central government because railway is managed by the central government.

c. Ministry of Agriculture, State Government because sub-divisional is supervised by the agricultural department of the state government.

Q5. While appointing the Prime Minister, the President selects
a. Leader of the largest party in the Lok Sabha
b. Leader of the largest party in the alliance which secures a majority in the Lok Sabha
c. The leader of the largest party in the Rajya Sabha
d. Leader of the alliance or party that has the support of the majority in Lok Sabha►

Answer

d. Leader of the alliance or party that has the support of the majority in Lok Sabha

Q6. Read this discussion and say which of these statements applies most to India.Alok: Prime Minister is like a king, he decides everything in our country.Shekhar: Prime Minister is only ‘first among equals’, he does not have any special powers. All ministers and the PM have similar powers.Bobby: Prime Minister has to consider the expectations of the party members and other supporters of the government. But after all, the Prime Minister has a greater say in policy making and in choosing the ministers.
Answer
The statement of Bobby applies most to India. Prime Minister has to consider the expectations of the party members and other supporters of the government. But after all, the Prime Minister has a greater say in policy making and in choosing the ministers.

Q7.Why do you think is the advice of the Council of Ministers binding on the President? Give your answer in not more than 100 words.
Answer
As the Constitution of India provides for a parliamentary system of government, the Council of Ministers headed by the prime minister is the real executive authority. The President exercises his powers only on the advice of the Council of Ministers. According to Article 74, there shall be a council of ministers with Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.
Consequently, the President has been made only a nominal executive; his place in administration is that of a ceremonial device or a seal by which the nation’s decision are made known.

Q8. The parliamentary system of executive vests many powers in the legislature for controlling the executive. Why, do you think, is it so necessary to control the executive?

Answer

There are two systems of democracy exist in the world. One is the parliamentary system and the other is presidential system.
In presidential system, there is clear separation of powers between legislature and executive. Executive is not accountable to legislature. Legislature can’t exercise its control over executive. But in the parliamentary system executive is a part of the legislature. They are accountable to the legislature. The legislature exercises its control over executive by different instruments like adjournment motion, no confidence motion etc.
The Parliament keeps a day-to-day watch over the activities of the Executive. As ours is a parliamentary system of Government, the Executive is responsible to the Parliament for all acts of omissions and commissions.
In a parliamentary form of government, the legislature and executive aren’t really separated. In a nominal sense, the legislature is in control, in that the executive must report to the legislature and is entitled to rule by virtue of having the confidence of a majority in the legislature. But this nominal control doesn’t describe the realities of power.
When a single party holds a majority in the legislature, this entitles it to complete control of the executive. That party then has control of both branches. But the party leadership will also take the leading roles in the executive, so as far as the two branches are concerned, the reality is that the executive controls the legislature, and when no single party holds a majority, the legislature is in a more powerful position, and the executive will depend for its continuation on trade-offs between parties in the legislature.

Q9. It is said that there is too much political interference in the working of the administrative machinery. It is suggested that there should be more and more autonomous agencies which do not have to answer to the ministers.
a. Do you think this will make administration more people- friendly?
b. Do you think this will make administration more efficient?
c. Does democracy mean full control of elected representatives over the administration?
Answer

a. No, i don’t think so it’ll make administration more people friendly because in a democracy, the elected representatives and the ministers are in charge of government and the administration is under their control and supervision. Hence forth, the elected representatives and the ministers are the representative of the people and the administration is under their control and regulation, hence they cannot act in violation of the policies adopted by the legislature. It is the responsibility of the ministers to retain political control over the administration. India has established professional administrative.

b. This will not make administration more efficient as it would lead to defiance of bureaucratic executives with government policies. Thus, it would lead to contradiction of the bureaucracy with the goals of the government. Competence in this situation is not valid as social welfare would be compromised. So, it not sounds like that it’ll make administration more efficient at all.

c. Simply put; in a democracy, there is no sonorous control of the elected representatives over administration. The main work of these elected representatives is to make laws, apply them and keep the administration libel. Simply, it is the responsibility of the administrative machinery to faithfully and efficiently participate in drafting the policy and in its implementation.

Q10. Write an essay of two hundred words on the proposal to have an elected administration instead of an appointed administration.

Answer

Elected administration is a very reliable type of administration. The elected administration would change the policies. And there would be unstability to implement different policies. The appointed administration is non-partial. The civil servants are selected impartially on the basis of merit. Thus, the welfare policies of the government can be effectively handled. Policies would be implemented without any political interference. The elected administration would have lack of technical knowledge of their departments while members of administration have full knowledge of their departments. Hence, they are more successful to implement the policies effectively and efficiently. They will be able to implement and perform the developmental functions. They will be also able to perform the functions of planning and social welfare.
A major difference is that appointed administrations are not permanent and can be removed but in the elected administration it is permanent, and they must fail to be re-elected at the next election. In some areas there is a procedure called a recall election, where the voters have lost confidence in an official and vote to remove him. They then elect someone else. However, this remedy is not always available.
In either case, an elected administration can resign or retire at his own request or if he has committed a crime he can be removed. 

Long Answer Type Questions :

Q1.Describe the powers and functions of the President of India.
Answer:
The powers of the President can be summarised as follows:
Executive Powers:

• The President appoints the Prime Minister who is the leader of the majority party and the other members also on the advice of the Prime Minister.
• The President appoints the high officials in India, i.e. Governors of the state, Lt. Governors of Union Territories, Attorney General, Controller and Auditor General, the Chairman and the members of UPSC, the Ambassadors or High Commissioners in other countries.
• The President of India is the supreme commander of the Defense forces. The President can declare war and make peace.

2. Legislative Powers:

• The President nominates 12 persons to the Rajya Sabha who are distinguished in the fields of art, literature, science and social service, as well as he can nominate two Anglo-Indian members to the Lok Sabha also.
• The President can summon both the houses, if there are some differences on any bill issued by the parliament, the joint session might be summoned.
• The President has the power to dissolve the Lok Sabha before completion of its term and can order for fresh elections, but on the recommendation of the Prime Minister.
• The President has the power to give his assent to the bill, because no bill passed by the Parliament can become an Act without the assent of the President. He has no power to reject the Money Bill passed by the Parliament.
• The President has the power to issue the ordinances during the intervals of the sessions of parliament which have the force of laws.

3. Financial Powers:

• The President has the duty to place the budget before the beginning of financial year by the finance minister on behalf of the President.
• Money bills can be introduced only in the Parliament on the recommendation of the President.
• The President has a full control over the contingency fund to spend it according to his will even prior to the consent of the Parliament.
• The President has the power to distribute the share of income-tax among the states.

4. Judicial Powers:

• The President has the power to appoint the judges of the Supreme Court and the High Courts.
• The President of India has the power to pardon, reprieve or commute the punishment of any criminal for whom he thinks to deserve pardon.

Q2.Describe the powers and functions of the Prime Minister of India.
Answer:

• The Prime Minister forms the Council of Ministers according to the capability of the ministers, he assigns duty to them.
• The Prime Minister allocates the department to the ministers and if he does not find the working satisfactory, can change the departments of the ministers.
• The Prime Minister presides over the meetings of cabinet, he prepares an agenda for meetings and controls it.
• The Prime Minister makes the appointments of state Governors, Ambassadors, members of UPSC by giving the advice to the President to appoint the same.
• The Prime Minister works as a link between the President and the Council of Ministers. No minister can discuss the issues directly with the President without the permission of the Prime Minister.
• The Prime Minister leads the cabinet in the Parliament as he explains the policy and decisions of the cabinet to parliament and if the President requires any information regarding the functioning of Parliament, he would demand such information from the Prime Minister only.

Short answer Type Question:

Q1. Which of the following resembles most a direct democracy?a. Discussions in a family meetingb. Election of the class monitorc. Choice of a candidate by a political partyd. Decisions taken by the Gram Sabhae. Opinion polls conducted by the media
Answer
b. Election of the class monitord. Decisions taken by the Gram Sabha

Q2. Which of the following tasks are not performed by the Election Commission?a. Preparing the Electoral Rollsb. Nominating the candidatesc. Setting up polling boothsd. Implementing the model code of conducte. Supervising the Panchayat elections
Answer
b. Nominating the candidatese. Supervising the Panchayat elections
3. Which of the following is common to the method of election of the members of Rajya Sabha and Lok Sabha?
a. Every citizen above the age of 18 is an eligible voter
b. Voter can give preference order for different candidates
c. Every vote has equal value
d. The winner must get more than half the votes
► c. Every vote has equal value
4. In the First Past the Post system, that candidate is declared winner whoa. Secures the largest number of postal ballotsb. Belongs to the party that has highest number of votes in the country
c. Has more votes than any other candidate in the constituency
d. Attains first position by securing more than 50% votes
► c. Has more votes than any other candidate in the constituency

Q3.Which of the following is common to the method of election of the members of Rajya Sabha and Lok Sabha?

a. Every citizen above the age of 18 is an eligible voter

b. Voter can give preference order for different candidates

c. Every vote has equal value

d. The winner must get more than half the votes

Answer

c. Every vote has equal value

Q4.In the First Past the Post system, that candidate is declared winner who

a. Secures the largest number of postal ballots

b. Belongs to the party that has highest number of votes in the country

c. Has more votes than any other candidate in the constituency

d. Attains first position by securing more than 50% votes

Answer

c. Has more votes than any other candidate in the constituency

Q5. What is the difference between the system of reservation of constituencies and the system of separate electorate? Why did the Constitution makers reject the latter?
Answer
In system of reservation of constituencies, all voters in a constituency are eligible to vote but the candidates must belong to only a particular community or social section for which the seat is reserved whereas in the system of separate electorate, for electing a representative from a particular community, only those voters would be eligible who belong to that community.
The constitution makers reject the system of separate electorate because it went against their purpose of unity, secularism and a state that is free from discrimination.

Q6. Which of the following statements are incorrect? Identify and correct them by substituting, adding or rearranging only one word or phrase.

a. FPTP system is followed for all the elections in India.
► Incorrect. FPTP system is followed for Panchayats, Legislative Assemblies and the Lok Sabha elctions.

b. Election Commission does not supervise Panchayat and Municipal elections.
► Corrcet
c. President of India cannot remove an Election Commissioner.
► Incorrect, President of India can remove an Election Commissioner on the recommendation of both houses of the Parliament.

d. Appointment of more than one Election Commissioners in the Election Commission is mandatory.
► Incorrect. Appointment of more than one Election Commissioner in the Election Commission is not mandatory.

Q7. Indian electoral system aims at ensuring representation of socially disadvantaged sections. However we are yet to have even 10 percent women members in our legislatures. What measures would you suggest to improve the situation?
Answer
The percent of women members would improve through following measures:
• Using proportional representation system, we can ensure the proper representation of women in legislature according to their percentage in population.–
• Also, we can have reserved constituencies from which seat is reserved for women which ensure proper representation of women.

Q8. Here are some wishes expressed in a conference to discuss a constitution for a new country. Write against each of these whether FPTP or Proportional Representation system is more suited to meet each of these wishes.

a. People should clearly know who is their representative so that they can hold him or her personally accountable.
► FPTP system

b. We have small linguistic minorities who are spread all over the country; we should ensure fair representation to them.
► Proportional representation system

c. There should be no discrepancy between votes and seats for different parties.
► Proportional representation system

d. People should be able to elect a good candidate even if they do not like his or her political party.
► FPTP system

Q9. A former Chief Election Commissioner joined a political party and contested elections. There are various views on this issue. One view is that a former Election Commissioner is an independent citizen and has a right to join any political party and to contest election. According to the other view, leaving this possibility open can affect the impartiality of the Election Commission. So, former
Election Commissioners must not be allowed to contest any elections. Which position do you agree with and why?

Answer

The former Election Commissioner is an independent citizen and has a right to join any political party and to contest election. After leaving the post of election commissioner, he/she became an ordinary citizen and just like any citizen he/she has all rights which a citizen have. He/She has no responsibility of conducting fair election so they can be a part of election as it is their right.

Q10. “Indian democracy is now ready to shift from a crude First Past the Post system to a system of Proportional Representation”. Do you agree with this statement? Give your reasons for or against this statement.

Answer

Indian democracy is not yet ready to replace the First Past the Post system with Proportional Representation because

• Proportional representation system complicated system which would be difficult to work in a sub-continental country like India.

• In PR system, voters have only choice to choose a party and the representatives are elected on the
basis of party lists. There is no representative for one locality which would be held accountable.

• Indian is a vast country with a large number of ethnic and social groups. PR system would encourage each community to form its own party which endanger the social fabric of the country.

• PR based election may not be suitable for giving a stable government in a parliamentary system.

Long Answer Type Questions :

Q1.Explain the role of Election Commission of India.
Answer:
The role of Election Commission can be summarized as follows:

• The Election Commission controls over the election machinery to conduct free and fair elections as supervises and makes changes if needed in the electoral rules of the elections.
• The Election Commission prepares the voters’ list who enjoy the right to vote as well as considers objections also to be raised by voters in reference of voters’ list.
• Election Commission provides the election symbols to the political parties as well as to independent candidates. As Congress (I) has been assigned the symbol of hand and lotus has been provided to BJP. The independent candidates are provided symbols on temporary basis.
• The Election Commission declares and recognizes the political parties as national or regional.

Q2.How does the Election Commission of India ensure its independence?
Answer:
The Election Commission ensures its independence by the following provisions

• Chief Election Commissioner and other Election Commissioners and Regional Election Commissioners are appointed for a fixed term.
• The Chief Election Commissioner cannot be removed from his office before the expiry of his term except on the grounds of incapacity and misbehavior only if a resolution to this effect is passed by both the houses of parliament by a two-third majority.
• Other Election Commissioners and Regional Election Commissioners can be removed from the Office only on the recommendations of the Chief Election Commissioner.
• Salaries and other allowances of the Chief Election Commissioner and other Election Commissioners are to be paid out of consolidated fund of India.
• Tenure and other service conditions of Chief Election Commissioner and others, are fixed by the president, but they cannot be changed to their disadvantage during their term of office.

Q3.What is the composition of Election Commission of India?
Answer:

• The Election Commission consists of Chief Election Commissioner and the number of other Election Commissioners may also be fixed by the president from time to time.
• Thus, the Election Commission may be single member or multi member body. Till 1989, the Election Commission was a single member body.
• In 1993, two more Election Commissioners were also appointed and become multi¬member body since then.
• The Chief Election Commissioner presides over the Election Commission, but the other Election Commissioners also enjoy the same power to work mainly on consensus as a collective body only.
• The constitution of India has ensured independence of Election Commission and declared it can important body to conduct free and fair elections.

Q4.Sometimes criticism has taken place against Universal Adult Suffrage. Explain them.
Answer:
Universal Adult Suffrage refers to the right to vote given to all adult citizens without any distinction of caste, class, colour, creed, language, religion, etc. It has faced some criticisms also:

• Right to vote is a special privilege to confer on those who utilize it for the welfare of the state. Hence, it should be conferred only to the educated persons and illiterate persons should be debarred from it because they cannot understand who is the best candidate for the state.
• The Universal Adult Suffrage establishes the government of fools because fools and ignorant form the majority in the society which can create some dangerous consequences in the state.
• All the people should not be given the right to vote equally and to contest elections as well because God has not created everybody equal.
• The right to vote should be extended to those persons only who are competent or capable of using it because it is a responsibility not the right and a responsibility cannot be extended to the incompetent persons.
• The Universal Adult Suffrage leads to corruption because contesting and voting, both are usually made on the bases of money and muscle power by dominating the poor the downtrodden people.

Q5.Suggest some major suggestions for electoral reforms.
Answer:
The various committees have worked on electoral reforms, i.e. the Goswami Committee and Tarkunde Committee, but these have not brought substantial changes in electoral system and law. It seems that political parties are indifferent to electoral reforms because in some cases, political parties have neutralized the steps taken by the Election Commission to bring in some desired changes. It is now widely recognized to preserve and strengthen the democratic setup a comprehensive agenda of reforms is necessary in system, structure and processes:

• Criminalization should be checked in politics.
• Political parties’ functions should be regulated.
• Voters’ participation and awareness should be ensured.
• Make the election machinery effective and credible.
• The use of money and muscle power should be stopped.
• A proportionate share to every class, section and society should also be provided in the parliament.

Q6.What is the electoral process in India?
Answer:
The electoral process is performed into different stages under the provisions of Representation of People Act, 1950 and 1951:

• First of all, constituencies are formed in a territorial area from where a candidate contest election.
• The nomination papers are filled with the returning officer.
• The scrutiny is made to check whether the information filled in nomination form, are correct.
• After the scrutiny is over, the candidate is given a date for withdrawal.
• Then Election campaign takes place by various techniques by holding rallies, meetings, processions, distributing handbills and door-to-door canvassing, etc.
• The election campaign stops 48 hours earlier before polling is held on the due date. Presiding officers and polling officers supervise the whole polling process. The voters vote through the secret ballot.
• After the voting is over, the counting made on a fixed date and time. The candidate getting highest number of votes, is declared elected

Short Answer Type Question:

Q1.Write true or false against each of these statements:

a) A Bill of Rights lays down the rights enjoyed by the people of a country.

b) A Bill of Rights protects the liberties of an individual.

c) Every country of the world has a Bill of Rights.

d) The Constitution guarantees remedy against violation of Rights.

ANSWER:

a) True

b) True

c) False

d) True

Q2.Which of the following is the best description of Fundamental Rights?

a) All the rights an individual should have.

b) All the rights given to citizens by law.

c) The rights given and protected by the Constitution.

d) The rights given by the Constitution that cannot ever be restricted.

ANSWER:

c) The rights given and protected by the Constitution.

Q3.Read the following situations. Which Fundamental Right is being used or violated in each case and how?

a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.

b) A director makes a documentary film that criticises the policies of the government.

c) People displaced by a big dam take out a rally demanding rehabilitation.

B)dhra society runs Telugu medium schools outside Andhra Pradesh.

ANSWER:

a) The Right being violated is the Right to equality of opportunity in employment.

b) The Right being used is the Freedom of speech and expression.

c) The Right being used is the Freedom of expression and Freedom to assemble peacefully.

d) The Right being used is the Cultural right to represent and protect one’s own language and culture.

Q4.Which of the following is a correct interpretation of the Cultural and Educational Rights?

a) Only children belonging to the minority group that has opened educational institution can study there.

b) Government schools must ensure that children of the minority group will be introduced to their belief and culture.

c) Linguistic and religious minorities can open schools for their children and keep it reserved for them.

d) Linguistic and religious minorities can demand that their children must not study in any educational institution except those managed by their own community.

ANSWER:

b) Government schools must ensure that children of the minority group will be introduced to their belief and culture.

Q5.Which of the following is a violation of Fundamental Rights and why?

a) Not paying minimum wages

b) Banning of a book

c) Banning of loudspeakers after 9 pm.

d) Making a speech

ANSWER:

a) Not paying minimum wages is a violation of fundamental right as it is a form of exploitation.

b) Banning of a book is against freedom of expression of the citizens.

Q6.An activist working among the poor says that the poor don’t need Fundamental Rights. What they need are Directive Principles to be made legally binding. Do you agree with this? Give your reasons.

ANSWER:

Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference:

• No, I do not agree with this statement. Fundamental Rights cannot be denied to any section of the society and this is applicable to the poorer sections as well. While implementation of directive principles is required for improving the condition of the poor, fundamental rights are universal as they ensure dignity to every citizen and form the basis for equality among people.
• Certain rights like right to constitutional remedy are important to secure protection for the poorest and weakest sections of the society from the arbitrary action of the state.
• Enforcement of directive principles is important for ensuring social, economic and political justice. However, freedom of expression is still required to raise voice against any form of discrimination or injustice.

Q7.Several reports show that caste groups previously associated with scavenging are forced to continue in this job. Those in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental Rights are being violated in this instance?

ANSWER:

• Fundamental right against exploitation, such as prohibition of forced labour, is violated in this situation by forcing certain castes to continue in the same job that is associated with their caste.

• Right to practice any profession is violated as they are refused any other jobs by the authorities.
• Prohibition of employment of children in hazardous jobs is also violated in this instance.

Q8.A petition by a human rights group drew attention of the court to the condition of starvation and hunger in the country. Over five crore tonnes of food grains was stored in the godowns of the Food Corporation of India. Research shows that a large number of ration cardholders do not know about the quantity of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system.

a. Which different rights does this case involve? How are these rights interlinked?

b. Should these rights form part of the right to life?

ANSWER:

a.

• The case involves the use of Right to speech and expression and constitutional remedy. These rights were used by the human rights group to inform the court about the prevailing condition of hunger and starvation, thus requesting the court to order the government to improve public distribution system.
• The right to life of people is also invoked to address hunger and starvation.
• These rights are interlinked as freedom of speech provides the basis for constitutional remedies.

b. Yes, these rights should form part of the right to life as they are necessary for the sustenance of people.

Q9.Read the statement by Somnath Lahiri in the Constitutent Assembly quoted in this chapter. Do you agree with him? If yes, give instances to prove it. If not, give arguments against his position.

ANSWER:

Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference:

Yes. Somnath Lahiri said that minimum rights have been conceded and are almost invariably followed by a proviso and have been framed from the point of view of police constable. This is visible in certain provisions that are invoked to place restrictions on fundamental rights.

• The provision of preventive detention contradicts the right to life and personal liberty and has often been misused by the government.
• There are several rights under right to freedom that are restricted by the government in various ways. For example, the provision of restriction over assembly of five or more people in certain areas can be misused by the administration.

Q10.Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give arguments to show why it is most important.

ANSWER:

The right to constitutional remedies is the most important right. The provisions of this right include the right to move the courts for issuance of writs. The Supreme Court and High Courts can issue directives to the government for the implementation of rights. The special orders issued by courts for enforcement of rights are as follows:

• Habeas Corpus−The court can order the arrested person to be presented before it under the writ of Habeas Corpus. It can also order the release of a person arrested on unlawful grounds.
• Mandamus−This writ is issued by courts when a particular official does not perform the assigned legal duty and violates upon the rights of the individual.
• Prohibition−This writ is issued by a higher court when a case is beyond the jurisdiction of lower court.
• Quo Warranto−This writ is issued by the court when it finds an individual holding the office, which is not entitled to him.
• Certiorari−The court orders the transfer of a pending matter from a lower court or another authority to the higher court.

The Right to Constitutional Remedies provides a legal solution within the framework of the constitution, to the violation of fundamental rights and provides a check on state power. This is the most important right as it safeguards the other fundamental rights. It ensures the realisation of other rights as well as providing a defence for them. According to Dr. Ambedkar, this right is the ‘Heart and Soul of the Constitution’.

Long Answer Type Questions:

Q1.“The Right to Freedom is a cluster of several rights”. Explain.
Answer:
The Right to Freedom guarantees various freedoms to the citizens of India:

• Freedom of Speech and Expression:Every citizen of India enjoys the Right to Freedom of Speech and Expression of his views/ideas freely either orally or in written form.
• Freedom to form Unions and Associations:Citizens of India enjoy the freedom to form unions or associations to safeguard the interests to secure justice and equal opportunities.
• Freedom to Assemble Peacefully: Citizens of India can assemble at a place peacefully without arms to interact with each other.
• Freedom to reside in any part of India: Indian citizen may reside in any part of India which may be limited only for the sake of public order.
• Freedom to move freely within the territory of India: Citizens of India are free to move freely within the territory of India subject to the restrictions imposed in the interest of  public order or to safeguard the interest of ST’s.
• Freedom to Practice any Profession or Occupation: Every citizen has the freedom to choose one’s profession as per choice as well as enjoy the right to change the profession  according to will and circumstances.

Q2.What are the provisions of the Right to Equality?
Answer:
‘Right to Equality’ refers that all citizens of India are equal before law, not to be discriminated on the grounds of caste, colour, religion, language, race, sex or place of birth, etc.
Right to Equality has been included under Articles 14 to 18 of Indian Constitution:

•  Article 14: Guarantees equality before law and equal protection of law to persons living within territory of India without any discrimination on the ground of caste, colour, race, religion, language, sex, etc.
• Article 15: Guarantees social equalities, i.e. no discrimination on any ground as well as equal access of each and every person to the public places and facilities. And state cannot be prevented from making any special provision for women and children.
• Article 16: Guarantees equal opportunities for all citizens in the matters of employment or appointment to any office under the state without any discrimination means employment and appointments should be on the basis of merit.
• Article 17: Abolishes untouchability and its practices in any of the form are also forbidden.
• Article 18: Abolishes titles except the degrees and titles concerned with military and education. Even foreigners who are serving in India are not entitled to receive any title from foreign government without the consent of the President of India.

Q3.Mention the Fundamental Duties of a Citizen in Constitution of India.
Answer:
By the 42nd Amendment in 1976, ten Fundamental Duties of Citizens of India were incorporated under Article 51A of the Constitution of India:

• To abide by the Constitution and respect its ideals and institutions, national flag, and national anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect sovereignty, unity and integrity of India.
• To defend the country and render national services whenever required.
• To promote harmony and the spirit of common brotherhood amongst all the people of India and to renounce those practices which seem to be indignified towards women.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment including forests, lakes, rivers and wildlife as well as to have compassion towards all living creatures.
• To safeguard public property.
• To develop scientific temper and the spirit of inquiry and reform.
• To strive towards excellence in all spheres of individual or collective activities to reach the nation to the higher levels of endeavours and achievements.

Q4.Throw some light on the relationship between the Fundamental Rights and Directive Principles of State Policy.
Answer:
The Fundamental Rights are guaranteed to the individuals but the Directive Principles are the instructions to the State:

• The Fundamental Rights are justiciable means in case of their violation, it can be challenged either in the High Court or Supreme Court that, oars a duty to safeguard the rights.Whereas Directive Principles of State Policy are not justiciable, these are only to remind to central and state governments about their duties.
• Fundamental Rights are directly concerned with each and every individual whereas Directive Principles of State Policy are directly concerned with the State only, where a State is expected to implement and also to achieve the goal of Welfare State.
• Fundamental Rights may be suspended during the case of emergency by the President including the Right to Constitutional Remedies also whereas Directive Principles of State Policy cannot be suspended even during these circumstances.
• Fundamental Rights concern with the overall development of an individual whereas Directive Principles of State Policy concern with society as a whole which have been mentioned in Article 38 to create a society by the State where all enjoy social and economic justice.

Q5.What is the importance of the Right to Constitutional Remedies? Explain.
Answer:
‘Right to Constitutional Remedies’ is the ‘Heart and Soul’ of Indian Constitution to protect the rest of the Fundamental Rights of the Citizens under Article 32 and 226. This right contains various writs to be issued by the Supreme Court and High Court from time to time:
The Writ of Habeas Corpus:

• The Court orders that the arrested person should be presented before it.
• Court can order to set free an arrested person if the grounds of arrest are unlawful.

Mandamus:

• When the court finds that the particular office holder is not performing legal duty.
• Thereby, he is infringing on the right of an individual.

Prohibition:

• It is issued by a higher court to a lower court on considering a case to go beyond its jurisdiction.
• Higher court orders to stop the proceedings of certain case.

Quo Warranto:

• If the court finds that a person is holding office but is not entitled to hold that office.
• This restricts that person from acting as an office holder.

Certiorari:

• The Court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.

Short Answer Type Question:

Q1. Give two examples each to support the following conclusions about the Indian Constitution:
a. The Constitution was made by credible leaders who commanded peoples’ respect.
b. The Constitution has distributed power in such a way as to make it difficult to subvert it.
c. The Constitution is the locus of people’s hopes and aspirations.

Answer

a. The Constitution was made by credible leaders who commanded peoples’ respect.
• The members of Constituent Assembly have people from all sections and religions of society. Its members were chosen by indirect election by the members of the Provincial Legislative Assemblies that had been established under the Government of India Act, 1935.
• The constituent assembly also have members such as Jawaharlal Nehru, Sardar Patel, Rajendra Prasad, Ambedkar etc. which were part of national movement and also credible leaders.

b. The Constitution has distributed power in such a way as to make it difficult to subvert it.
• The Indian Constitution horizontally fragments power across different institutions like the Legislature, Executive and the Judiciary and even independent statutory bodies like the Election Commission.
• It strike the right balance between certain values, norms and procedures as authoritative, and at the same time allow enough flexibility in its operations to adapt to changing needs and circumstances as too rigid a constitution is likely to break under the weight of change whereas too flexible, will give no security, predictability or identity to a people.

c. The Constitution is the locus of people’s hopes and aspirations.• The Indian Constitution drew upon a long history of the nationalist movement that had a remarkable ability to take along different sections of Indian society together.
• The many provisions ensures institutional expression to fundamental commitments equality, liberty, democracy, sovereignty and a cosmopolitan identity.

Q2. Why is it necessary for a country to have a clear demarcation of powers and responsibilities in the constitution? What would happen in the absence of such a demarcation?

Answer

It is necessary for a country to have a clear demarcation of powers and responsibilities in the constitution because it allows different institutions to work efficiently without any confusion without any interference or overlapping of power and responsibilities.
In the absence of such demarcation there is always chances of clash regarding exercising of power between the various institutions that derive their power from the constitution and ultimately subvert it.

Q3. Why is it necessary for a constitution to place limitations on the rulers? Can there be a constitution that gives no power at all to the citizens?

Answer

It is necessary for a constitution to place place limitations on the rulers because in the absence of this the government may pass a law which violates certain specified fundamental rights that all of us possess as citizens.
No, there cannot be a constitution that gives no power at all to the citizens because any authority cannot exist without citizens.

Q4. The Japanese Constitution was made when the US occupation army was still in control of Japan after its defeat in the Second World War. The Japanese constitution could not have had any provision that the US government did not like. Do you see any problem in this way of making the constitution? In which way was the Indian experience different from this?

Answer

Yes, Japanese constitution did not represent the view of its citizens. The constitutions is forcedly imposed on them so there is no any provision which represent the goals and aspirations of the Japanese people. The constitution was made by the will of external country it compromises on the sovereignty of the country.
The Indian experience is very different from this because the constitution reflects the ideologies that were influenced by nationalist movement.  It was framed by Constituent Assembly which have members elected indirectly by the members of the Provincial Legislative Assemblies. It represents the voice of nation and have sovereign character.

Q5.  Rajat asked his teacher this question: “The constitution is a fifty year old and therefore outdated book. No one took my consent for implementing it. It is written in such tough language that I cannot understand it. Tell me why should I obey this document?” If you were the teacher, how would you answer Rajat?

Answer

The Constitution is not an outdated book as it accepts the required changes to keeps updated with requirements of the changing times. The amendment in the provision of constitution made time to time but according to rigid law so that no one can alter it for their own interest.

The language of Indian constitution is elaborative. Its vast size and also inclusion of some legal languages stands it as tough. However, it is written in too detailed manner clearing all confusion that may come.

The Indian constitution is a body fundamental principles according to which India is governed. It provides democratic form of government in India. It grants fundamental rights and privileges to all its citizens. It lay down th basic ideals of secularism, equality and fraternity. It is very necessary for smooth functioning and working of various institutions and also maintains stability. Therefore, we should obey this document.

Q6. In a discussion on the experience of the working of our Constitution, three speakers took three different positions:
a. Harbans: The Indian Constitution has succeeded in giving us a framework of democratic government.
b. Neha: The Constitution made solemn promises of ensuring liberty, equality and fraternity. Since this has not happened, the Constitution has failed.
c. Nazima: The Constitution has not failed us. We have failed the Constitution.
Do you agree with any of these positions? If yes, why? If not, what is your own position?

Answer

Yes, I agree with Nazima’s view. The constitution has effective principles for proper governance of country. However, the people who are responsible for execution and implementation of the principles have failed to do so because of their own interest. It is all about welfare of citizens and giving equal oppurtunities to all but without thinking of welfare of the nation they using it for their profit. Therefore, the constitution has not failed us but we failed the constitution.

Long Answer Type Questions :

Q1.Write the Preamble to the Indian Constitution.
Answer:
The Preamble: We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure 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 integrity of the nation. In our Constituent Assembly, this twenty-sixth day of November 1949, do hereby adopt, enact and give to ourselves this Constitution.

Q2.What was ‘Objectives Resolution’? Explain.
Answer:
The best summary of the principles that the nationalist movement brought to the Constituent Assembly is the Objectives Resolution that defines the aims of the Assembly, moved by Nehru in 1946. It encapsulated the aspirations and values behind the Constitution:

• India is an independent, sovereign, republic;
• India shall be a Union of erstwhile British Indian territories, Indian States and other parts outside British India and Indian States as are willing to be a part of the Union.
• Territories forming the Union shall be autonomous units and exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union;
• All people of India shall be guaranteed and secured social, economic and political justice. Equality of status and opportunities and equality before law and fundamental- freedom of speech, expression, belief, faith, worship, association and action-subject to law and public morality.
• The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safeguards.
• The land would make full and willing contribution to the promotion of world peace and welfare of mankind;
• All powers and authority of sovereign and independent India and its constitution shall flow from the people;
• The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nations

Q3.What are the unique features of Indian Constitution?
Answer:
The unique features of Indian Constitution are as follows:

• Indian Constitution is written set of rules and regulations and it is the lengthiest Constitution in the world containing 395 articles, 12 schedules and a book of more than 250 pages.
• Indian Constitution has provided to Indian citizens fundamental rights and to establish a welfare state, directive principles of state policy have also been generated.
• By the 42nd Amendment in 1976, some (ten) fundamental duties have also been added up in the Constitution.
• Indian Constitution is federal in structure but unitary in spirit.
• The Indian Constitution is a blend of flexibility and rigidity, i.e. some of the Articles in Constitution can be amended by simple-majority but some require 2/3 majority of the parliament and voting in each house as well as to be ratified by at least half of the state legislatures.

Q4.Mention the sources of the Indian Constitution along with the feature taken from these sources.
Answer:
The Government of India Act, 1935:
About two-thirds of the Indian Constitution is derived from the Government of India Act, 1935

• Provincial autonomy
• Parliamentary system
• Federal count
• Federal system

British Constitution:

• Parliamentary form of government
• The idea of the rule of law
• Institution of the speaker and his role
• Law-making procedure
• Single citizenship
• Single integrated judiciary

United States Constitution:

• Charter of Fundamental Rights
• Power of judicial review and independence of the judiciary
• Preamble to Constitution

Irish Constitution:

• Provided for the guidelines to the state
• Included directive principles of state policy

French Constitution:

• Principles of liberty
• Principles of equality and fraternity

Canadian Constitution:

• A quasi-federal form of government (a federal system with a strong central government).
• The idea of residual powers.

German Constitution:

• Emergency provisions
• Indian President’s powers to impose external or internal emergencies.