Class 11

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 27 The State Legislature Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 27 The State Legislature

Long Answer Type Questions

Question 1.
Explain the composition and powers of the Vidhan Sabha.
Answer:
The Constitution provides Legislature, a law-making body, to every State. In some States the Legislature is bi-cameral, and in some it is uni-cameral. Where the Legislature is bi-cameral, the Upper House is called the Legislative Council (Vidhan Parishad) and the Lower House is known as the legislative Assembly (Vidhan Sabha). Vidhan Sabha is elected directly by the people, hence it is the representative House. The Vidhan Sabha, by passing a resolution by 2/3rd majority of members present and voting, may request the Parliament to create or abolish the Vidhan Parishad in the State.

Composition:
The Constitution provides that the Legislative Assembly of each State shall consist of not more than 500 and less than 60 members. According to 36th amendment Sikkim was made a full-fledged state and members of Sikkim Legislative Assembly cannot be less than 30. The total strength of a State Legislative Assembly depends upon the population of the State.

For instance, the Haryana Legislative Assembly consists of 90 members while the Punjab Assembly has 117 members. Of all the States Uttar Pradesh Legislative Assembly has the maximum strength; it has 403 members. The members of the Legislative Assembly are directly elected by the people of the State on the basis of adult franchise.

Those eligible to vote must be (a) citizen of India, (b) must have completed the age of 18 years and (c) must have not been otherwise disqualified. The Constitution also makes provision for the reservation of seats for the Scheduled Castes and Tribes. It is to give special representation to them.

However, elections of the members of the Scheduled Castes and Tribes are also held on the basis of joint electorate. Provision for the nomination of members belonging to the Anglo-Indian community has also been made in the Constitution. If the Governor is of the opinion that the Anglo-Indian community is not adequately represented in the Legislative Assembly, he may nominate one member of the community to the Assembly.

Qualifications:
The qualifications and disqualifications for a member of the State Legislative Assembly are the same as for members of the Lok Sabha. A candidate seeking election to the Legislative Assembly must fulfil the following qualifications:

1. He must be a citizen of India.
2. He must have completed the age of 25 years.
3. He must not hold an office of profit.
4. He must possess qualifications laid down by the Parliament of India; and
5. He must not be of unsound mind and should not have been declared disqualified by a competent court.

If after election any question arises as to whether a member is subjected to any of the disqualifications, the decision of the Governor shall be final. But before giving any decision on any such question, the Governor is required to obtain the opinion of the Election Commission and act according to such opinion. The decision of the Governor, therefore, is really the decision of the Election Commission.

Term:
The term of the Legislative Assembly is five years. The term of five years starts from the date of its sitting. After the expiry of five years the Assembly stands automatically dissolved. The Governor is empowered to dissolve the Assembly even before expiry of five years. The life of the Assembly can be extended also. During the proclamation of emergency, the life of the Assembly may be extended by a law of Parliament for a period not exceeding one year at a time.

Salary and Allowances:
Members of the Legislative Assembly are entitled to such salary and allowances as are determined by the Legislature of the State by law. It is thus clear that members of different Legislative Assemblies do not get identical salary and allowances.

Privileges of the Members:
Like the members of Parliament, the members of the State Legislature also enjoy freedom of speech on the floor of the House. They cannot be prosecuted for having said anything on the floor of the House. During session the members cannot be arrested in any civil case. All these privileges are granted to them with a view that members may be in a position to discharge their duties as members of the House.

The Quorum:
Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of the House shall be the ten members or one-tenth of the total number of members of the House, whichever is greater. According to 42nd Amendment each House of the State legislature is empowered to determine its quorum. If at any time during a meeting of the House there is no quorum, it shall be the duty of the presiding officer to adjourn or suspend the meeting until there is a quorum.

Officers of the Legislative Assembly:
The presiding officer of the Legislative Assembly is called the Speaker. There is also a Deputy Speaker who presides over the House when the Speaker is absent. The Speaker and the Deputy Speaker are both elected by the members of the House.

Power and Functions of the Legislative Assembly:
The Legislative Assembly has the powers to make laws on all subjects contained in the State List. These subjects are within the exclusive jurisdiction of the State Legislative Assembly. In States where there exists the other House i.e., Legislative Council also, the Legislative Assembly works together with the Legislative Council. Then the State Legislature means both the Heuses. However, the Legislative Council has been kept a weak Chamber as compared to the Legislative Assembly. It cannot be an obstacle in the way of the Legislative Assembly. The powers and functions of the Legislative Assembly may be discussed as ahead:

1. Legislative Powers:
The Legislative Assembly can make laws on the subjects mentioned in the State list and Concurrent list. If there is only one chamber of the legislature, the bill after having been passed by this chamber is sent to the Governor for his assent. If there are two chambers of the legislature, the bill after having been passed by one chamber is sent to the second chamber and then to the Governor of the State for his assent.

The second chamber council can delay the passage of the bill at the most for 4 months. The Governor can veto a bill once but if passed by the legislature for the second time, the Governor will have to give his asset. If a bill is passed by the Legislative Assembly and the Legislative Council rejects it or delays it for more than 3 months, the bill will go back to the Assembly. If the Legislative Council again rejects it or delays it for more than one month, it will be considered to have been passed by the State Legislature as it was passed by the Legislative Assembly. In this way the Legislative Council can delay a non-money bill at the most for 4 months.

2. Financial Powers:
Money bill can be introduced only in the Legistative Assembly. The Legislative Assembly exercises complete control over the finances of the State. The Legislative Council can delay a money bill at the most for 14 days. The Legislative Council may reject a money bill or may not take any action over it for 14 days: in both these conditions, the money bill is considered as passed and is sent to the Governor for his approval. The Governor cannot refuse to give his assent to the money bill. During emergency limitations can be imposed on the financial powers of the Governor.

3. Executive Powers:
The State executive is responsible to the Legislative Assembly for all its actions and policies. The leader of the majority party in the Legislative Assembly is appointed the Chief Minister of the State. Most of the ministers are taken from the Legislative Assembly. The members of the Legislative Assembly can ask questions from the ministers and they are to give satisfactory answers to all these questions. The Legislative Assembly can reject an important bill of the Cabinet or by decreasing the salary of a minister or by passing a vote of no-confidence against the ministry to remove it from office.

4. Electoral Functions:
The members of the Legislative Assembly participate in the election of the President of India. It elects l/3rd members of the Legislative Council of the State. The members of the Rajya Sabha are elected by the State Legislatures. It elects its own Chairman and Deputy Chairman.

5. Constitutional Functions:
Constitutional powers of the Legislative Assembly are not very important. Power of amendment is vested with the Parliament, but important provisions of the Constitution cannot be amended unless half the State Legislatures in the country approve such an amendment.

6. Creation or the Abolition of the Legislative Council:
The Legislative Assembly, by passing a resolution by two-thirds majority of the members present and voting, can request the Union Parliament for the creation or the abolition of the Legislative Council in the State. It is merely a request to the Union Parliament and the Union Parliament is not bound to accept the request. On 7th April 1993, the’ Punjab Vidhan Sabha passed a resolution for the creation of a Legislative Council for the state.

Position of the Legislative Assembly:
The Legislative Assembly plays a very important role in the administration of the State. It has almost all the legislative powers of the State. The Legislative Council can delay an ordinary bill at the most for 4 months and a money bill at the most for 14 days. No law-can be passed against the will of the Legislative Assembly. The Cabinet is completely under the control bf the Legislative Assembly. The Legislative Assembly by passing a vote of no-confidence against the ministry can remove it from office. In brief the Legislative Assembly enjoys an important positioirin the State.

Question 2.
Write a short note on the Speaker of Legislative Assembly of a State.
Or
Explain with appropriate illustrations, live main functions of the Speaker of a Vidhan Sabha (Legislative Assembly).
Answer:
The presiding officer of the Legislative Assembly is called the Speaker. The Speaker is elected by the members of the House. The Speaker must be a member of the House. A member who holds the office of the Speaker or the Deputy Speaker vacates his office, if he ceases to be a member of the House. He can also resign his office^tt any time when he wants. If the Speaker resigns, the letter of resignation is addressed to the Deputy Speaker.

The Speaker does not vacate his office on the dissolution of the House. He continues in office until immediately before the first meeting of the House after the dissolution.

The Speaker and the Deputy Speaker can be removed from office on a resolution passed by a majorty of all the then members of the House. But no such resolution can be moved unless 14 days’ notice for moving such a resolution is given. Moreover, reasons for removal should be explicit. The presiding officer may not allow motion to be moved if the charges levelled against the Speaker or the Deputy Speaker are vague. It happened in the Legislative Assembly of Haryana.

The Speaker or the Deputy Speaker is not to preside at any sitting of the Assembly while any resolution for his removal is under consideration. But he has the right to sit in the House, defend himself and is entitled to vote in the first instance on such a resolution. At that moment, he has no right of casting vote.

The Speaker and the Deputy Speaker are paid salaries and allowances as fixed by the State Legislature by law. Those are charged on the Consolidated Fund of the State.

Functions of the Speaker:
The functions and powers of the Speaker of Legislative Assembly are almost the same as those of the Speaker of Lok Sabha. His functions and powers are as ahead:

1. He is required to preserve order and decorum in the House for conducting legislative business.
2. He allocates time for different kinds of businesses in the House.
3. He interprets the rules of procedure.
4. He puts matters to vote and announces result.
5. He has the right of a casting vote in case of a tie.
6. He admits motions, resolutions and points of order!
7. He is empowered to adjourn the meeting of the House in the absence of a quorum.
8. He can order expunction of indecent and incriminatory references.
9. He allows the members to speak in the House.
10. He may name a member and ask him to leave the House in case of disorderly behaviour.
11. He can adjourn the House in case of grave disorder or serious matter.
12. He is to certify a bill after it is passed by the House.
13. He decides whether a bill is money bill or not.
14. He presides over the joint session of the two Houses,
15. He keeps control over the legislative secretariat.
16. He accepts or rejects the resignation of a member of the House after ascertaining whether it was submitted under pressure or not.

Question 3.
Discuss the composition, powers and functions of the State Legislative Council.
Answer:
Composition of the Legislative Council.. The Legislative Council is the upper or the second chamber of State Legislature. The Legislative Council does not exist in all the States of India. At present Legislative Councils exist in U.P., Bihar, Karnataka, Maharashtra, Andhra Pradesh and Telagana. The Legislative Council can be established in the State by Parliament on the request of the Legislative Assembly of the State. The number of the members of the Legislative Council cannot be more than 1/3 of the membership of the Legislative Assembly and it cannot be less than 40.

Election:
The members of the Legislative Council are not elected directly by the voters. They are elected in the following ways:
1. One-sixth of the total members of Council are nominated by the Governor. These persons have special aptitude and specialization in literature, fine arts science and social service.

2. One-third of the members of the Council are elected by the State Legislative Assembly. These persons are not to be the members of the House.

3. One-third of the members are elected by the local bodies namely Corporations, Municipalities, Zila Parishads and Panchayats etc.

4. One-twelfth of the members of the Council are elected by the teachers of not lower than. Higher Secondary School Teachers who have three years of standing are entitled to vote at the elections.

5. One-twelfth of the members are elected by the University graduates of at least 3 years’ of standing.

Term of Office:
Legislative Council is a permanent body. Its one-third members retire by rotation after every 2 years and these persons can be re-elected. Each member of the Council remains in office for 6 years.

Qualifications:
Following are the qualifications for .becoming the member of the Legislative Council:

1. He should be a citizen of India.
2. He should not be less than 30 years of age.
3. He should not hold any office of profit under the Central or State government.
4. He should not be mad or insane and should not have been disqualified to become the member of the Council.

Chairman:
There is an elected Chairman of the Council who is the presiding officer. He is responsible for running smoothly the business of the House. The Legislative Council can remove the Chairman and the Deputy Chairman from office by a majority vote of the House.

Powers and functions of the Legislative Council:
The Legislative Council exercises the following powers-
1. Legislative Powers:
Any non-money bill which can be introduced in the Legislative Assembly can also be introduced in the Legislative Council. Any ordinary bill in the subjects mentioned in the State list and concurrent list can be introduced in the Legislative Council. After the bill is passed by the Legislative Council it is sent to the Legislative Assembly. The bill cannot be sent to the Governnor for his assent unless it is passed by the Legislative Assembly. The Legislative Council can delay a non-money bill at the most for 4 months.

2. Financial Powers:
In financial matters the Legislative Council does not enjoy much power. Money bills cannot be introduced in this chamber. The money bill can only be introduced in the Legislative Assembly and after it is passed from there it is sent to the Legislative Council and the Council can delay it at the most for 14 days. It may reject the bill or may’not take any action over it for 14 days and in both these cases the bill is considered passed by both the Houses and is sent to the Governnor for his assent. Budget is introduced only in the Legislative Assembly.

3. Control over the Executive:
The Legislative Council does not exercise much control over the executive. Some ministers are of course taken from the Council. Its members can ask questions to the ministers and they are to give satisfactory answers to the questions. The Legislative Council can criticise the functioning of the departments under the ministers. More than this it does not have any control over the Council of Ministers. The Council of Ministers cannot be removed from office by the Legislative Council.

Position of the Legislative Council:
Legislative Council is the upper chamber of the State Legislature. But its position as compared with the lower chamber is of less importance. The Legislative Assembly can establish or abolish the Legislative Council by passing a resolution to this effect. The very existence of the Legislative Council depends upon the Legislative Assembly.

It also enjoys less powers as compared with the Legislative Assembly. It can delay a money bill at the most for 14 days and a non-money bill at the most for 4 months. It cannot stand in the way of the Legislative Assembly. Notwithstanding all these weaknesses it has its own importance. It serves as a revising chamber. It brings to light the shortcomings in the bills passed by the Legislative Assembly.

Question 4.
Discuss the composition, powers, functions and position of the State Legislature.
Or
Write a short note on State Legislature.
Answer:
Composition:
The State Legislature is empowered to make laws in the State. In most of the States there is a bi-cameral Legislature and in come States there is only one chamber.
1. Legislative Assembly:
There is a Legislative Assembly in each State. It can have minimum 60 members and maximum 500 members. The number of the seats is fixed in proportion to the population of the State. The members are elected by the people directly. The Governor can nominate one Anglo-Indians to the Legislative Assembly if he feels that the community has not got adequate representation. It is elected for a period of five years. The Governor can dissolve the assembly even before the expiry of 5 years and can order fresh elections. It has one Chairman and one Vice-Chairman.

2. Legislative Council:
In Haryana, Kerala, Rajasthan, Punjab, Orissa, Nagaland, Gujarat, Himachal, Meghalaya, Tripura and Manipur, there is no Legislative Council. The Parliament can establish and abolish the Legislative Council on the request of the Legislative Assembly. The Legislative Council cannot have more than 1/3 of the members of the Legislative Assembly and cannot have less than 40 members. One-third of its members are elected by the Legislative Assembly, 1/3 by the local bodies, 1/12 by the teachers, 1/12 by the graduates of the three-year standing and 1/6 are nominated by the Governor of the State. One-third of its members retire after every two years. Each member remains in office for 6 years. It has one Chairman and one Deputy Chairman.

Powers and Functions of the Legislature:
The Legislature in the State enjoys the following powers and functions:
1. Legislative Powers:
The State Legislature can frame laws on all the subjects mentioned in the State list and concurrent list. After the bill is passed by both the Houses it is sent to the Governor. The Governor can exercise his veto power. He can once refuse to give his assent to the bill. But if the Legislature passes the bill for the second time the Governor then is bound to give his assent to it. The Governor can reserve some bills for the consideration of the President. The President can also make use of his veto power but for the second time he must give his assent to the bill.

The Parliament can also make laws on the subjects mentioned in the Concurrent list. If there is a clash between the Centre and the State over a law made on a subject from the Concurrent list, the will of the Centre is to prevail. The ordinances issued by the Governor are to be approved by the legislature otherwise they will cease to operate.

2. Financial Powers:
The Legislature controls the finances of the State. The budget of the State is presented to the Legislature before the start of the financial year. The Government can impose taxes only after the budget is passed by the Legislature. It can spend money when it is empowered to spend by the Legislature. No tax can be imposed on the people without the consent of the Legislature.

3. Executive Powers:
There is a close relationship between the Legisture and the Executive. The Chief Minister and other Ministers are taken from among the members of the Legislature. They attend the meetings of the Legislature and answer the questions put to them by the members of the Legislature. They can criticise the working of the Government. The Ministers can remain in office so far as they enjoy the confidence of the Council of Ministers. If the Legislative Assembly passes a vote of no-confidence against the ministry, the ministry is to resign.

4. Electoral Functions:
The Legislature also enjoys some electoral powers. The members of the Legislative Assembly participate in the election of the President. The members of the Rajya Sabha are elected by the members of the State Legislative Assemblies.

5. Amendment in the Constitution:
The State Legislature participates in the amendment of the Constitution. The State Legislature cannot itself introduce the bill for amending the Constitution. The bill for amending the Constitution is introduced in the Parliament and after it is passed by the Parliament, the approval of half the Legislatures is essential for its rectification.

Position of the Legislature:
The Legislature has an important role to play in the administration of the State. It can ipake laws on all the subjects mentioned in the State list. It can also frame laws on all the subjects mentioned in the concurrent list. It has full control over the finances of the State. It controls the Council of Ministers. It also participates in amending the important provisions of the Constitution, But it does not mean that the State executive enjoys unlimited authority. It is to perform its functions under certain limitations.

Question 5.
Describe the Procedure of law-making in State Legislature.
Answer:
1. Introduction of the Bill:
An ordinary bill can be introduced in either house of the Legislature. It can also be introduced by a private member of the Legislature. The money bills can only be introduced in the Legislative Assembly by the ministers. A private member is to give a month’s notice for the introduction of the bill and for this purpose a day is fixed in the programme of House. On the fixed date the mover of the bill asks for the permission of the House to move the bill which is only a formality.

After getting the permission of the House he reads the title of the bill. It is called the introduction of the bill and the bill is published in the Government Gazette. The ministers are not bound to give a notice for the introduction of the bill and they can get the bill published in the gazette in no time.

2. First Reading:
Sometimes there is a first reading of the bill just after the . introduction stage. Sometimes another date is fixed for the first reading of the bill. On the fixed date the mover of the bill stands up at his seat and requests that the bill be read for the first time. On getting the permission of the House he explains the main principles and objects of the bill. After this other members of the House express their opinions in favor or against the bill.

The bill at this stage is not debated and discussed in detail, only the objects and main principles involved are discussed. Then the mover of the bill puts a resolution that the bill be sent to a Select committee. If this request of the mover of the bill is not opposed to, the bill is sent to the Select Committee: if it is opposed to it, it is sent to press for eliciting public opinion. It can also be put to vote and if the majority of the members is against the bill, it is rejected.

3. Select Committee:
The bill is sent to the Select Committee if it is rejected at the first reading. The Committee consists of nearly 20 members which are taken from among the members of the House. The bill which is published for eliciting public opinion is also sent to the Select Committee. The Select Committee discusses the bill in detail and debates the merits and demerits of the bill. The Committee can suggest amendments in the provisions and clauses of the bill. After discussing the bill thoroughly the Committee prepares its report in favour or against the bill or suggests some amendments in the bill. While preparing the report the Committee takes into consideration public opinion also. Then the committee sends its report to the House.

4. Second Reading:
The report of the Select Committee is discussed on a fixed date. The mover of the bill on the fixed date requests the House that the report of the Select Committee may be discussed. The bill is discussed in detail in the house. The views of the Select Committee on all clauses are discussed. Amendments in the bill can be suggested by the Select Committee. After the bill is thoroughly discussed, the opinion of the House is sought on each clause ; amendments or proposals are also put to vote. The bill is passed according to the view-point of the majority of the members.

5. Third Reading:
A day is fixed for the third reading of the bill. Only verbal suggestions can be made in the third reading. The proposals for change in the working of the bill can be given. The entire bill is put to vote at this stage and it is either rejected or passed. The bill passed in the third reading means that the bill has been passed by one House.

Bill in the Second House:
Where there is no upper chamber in a State, the bill is passed by the Legislative Assembly and is sent to the Governor for his assent. Money bill can only be introduced in the Legislative Assembly and after it is passed by the assembly it is sent to the Legislative Council. The Legislative Council may reject a money bill or make such certain amendments which may not be acceptable to the House or may delay its passage for 14 days without taking any action against it. In all these situations the bill is considered passed by the Legislative Council.

If non-money bill is introduced and passed in the Legislative Council, it is sent to the Legislative Assembly. It cannot become a law unless it is passed by the Legislative Assembly. But a bill which is passed by the Legislative Assembly cannot be completely rejected by the Legislative Council. The Legislative Council may reject the bill, or may suggest some amendments which may not be acceptable to the Legislative Assembly or it may not take any action over it for 3 months.

In all these cases the Legislative Assembly can pass the bill for the second time. After the bill is passed for the second time by the Legislative Assembly it is sent to the Council. Legislative Council may reject the bill, may suggest certain amendments which may not be acceptable to the Legislative Assembly, or may not take any action over it if or one month. In all these cases it is considered passed by the Legislative Council and is sent to the Governor for his assent. The bill is to pass through all the stages in the second chamber through which it has passed in the first chamber.

Assent of Governor:
After the bill ig passed by both the Houses it is sent to Governor for his assent. He cannot refuse to give his assent to the money bill. In case of an ordinary bill he may give his assent, or he may reserve it for the consideration of the President or he may reject it. If the Governor feels that the public opinion is against the bill, he can use his veto power. If the legislature passes the bill for second time, the Governor is bound to give his assent to it.

The Governor can send an ordinary bill for the consideration of the Present. After the bill is approved by the Governor or the President, it becomes an Act and is published in the Government Gazette. Now the law can be enforced.

Short Answer type Questions

Question 1.
Describe the composition of State Legislative Assembly.
Answer:
The Constitution provides that the Legislative Assembly of each State shall consist of not more than 500 and less than 60 members. According to 36th amendment. Sikkim was made full-fedged state and members of Sikkim Legislative Assembly can’t be less than 30.

The total strength of a State Legislative Assembly depends upon the population of the state. For instance the Legislative Assembly of Punjab consists of 117 members while Haryana Assembly has 90 members. Of all the States Uttar Pradesh Legislative Assembly has the maximum strength ; it has 403 members. The members of Legislative Assembly are directly elected by the people of the state on the basis of adult franchise. The State Legislative Assembly can be dissolved before its expiry term.

Question 2.
What are the qualifications of the members of Legislative Assembly?
Answer:
A candidate seeking elections to the Legislative Asssembly must fulfil the following qualifications:

1. He must be a citizen of India.
2. He must have completed the age of 25 years.
3. He must not hold an office of profit.
4. He must possess qualifications laid down by the Parliament of India; and
5. He must not be of unsound mind and should not have been declared disqualified by a competent court.

Question 3.
Describe the tenure of the Legislative Assembly. .
Answer:
The term of the Legislative Assembly is five years. The term of five years start form the date of its sitting. After the expiry of five years the Assembly stands automatically dissolved. The Governor is empowered to dissolve the Assembly even before expiry of five years. The life of the Assembly can be extended also. During the proclamation of emergency, the life of the Assembly may be extended by a law of Parliament for a period not exceeding one year at a time.

Question 4.
Mention four powers of the State Legislative Assembly.
Answer:
The Legislature in the state enjoy the following powers and functions:
1. Legislative Powers. The State Legislature can frame laws on all the subjects mentioned in the state fist and concurrent list. The ordinances issued by the governor are to be approved by the legislature otherwise they will cease to operate.

2. Financial Powers. The Legislature controls the finance of the state. The budget is passed by the State Legislature before the start of the financial year. No Tax can be imposed on the people without the consent of the Legislature.

3. Executive Powers. The council of ministers is collectively and every minister is individually responsible to the state legislature. The ministers can remain in office so far as they enjoy the confidence of the State Legislatures.

4. The Legislative Assembly, by passing a resolution, can request the union parliament for the creation or the abolition of the legislative council in the state.

Question 5.
Write down the functions of the Speaker of State Legislature.
Answer:
The functions and powers of the State Speaker are almost the same as those of the Speaker of Lok Sabha. His functions and powers are as follows:

1. He is required to preserve order and decorum in the House of conducting Legislative business.
2. He allocates time for different kinds of businesses in the House.
3. He interprets the rules of procedure.
4. He puts matters to vote and announces result.

Question 6.
Describe the composition of the Legislative Council.
Answer:
The number of the members of the Legislative Council cannot be more than one- third of the total number of the membership of the Legislative Assembly and it cannot be less than 40. The members of the Legislative Council are not elected directly by the voters. They are elected in the following ways:

1. One-sixth of the total members of Council are nominated by the Governor.
2. One-third of the members of the Council are elected by the State Legislative Assembly. These persons are not to be the members of the House.
3. One-third of the members are elected by the local bodies namely Corporations, Municipalities, Zila Parishads and Panchayats, etc.
4. One-twelfth of the members of the Council are elected by the teachers of not lower than Higher Secondary School.
5. One-twelfth of the members are elected by the University graduate of at least 3 years’ of standing.

Question 7.
Write the duration and officers of Legislative Council.
Answer:
Term of Office:
Legislature Council is a permanent body. Its one-third members retire by rotation after 2 years but these persons can be re-elected. Each member of the Council remains in office for 6 years.

Chairman:
There is an elected Chairman of the Council who is the presiding officer. He is responsible for running smoothly the business of the House. The Legislative Council can remove the Chairman and the Deputy Chairman for office by majority vote of the House.

Question 8.
Discuss the utility of the Legislative Council.
Answer:
Legislative council is a useful chamber. The utility of this house can be described as:

1. Revision of Bill: The Legislative council serves as a revising chamber. It prevents the ill backed and ill-considered bills.

2. Relieves the Lower House of a Part its Work: The Legislative council reduces the work of the Legislative Assembly. Non-controversial bill can be introduced in the Legislative council.

3. Highlights the Drawbacks of the Bill. Legislative council can delay a non-money bill which has been passed by the Legislative Assembly for a period of four months. It is sufficient time to highlight the drawbacks of the bill and to know the public opinion.

4. Useful House. Legislative Council is a useful house. The standard of debate in Legislative council is very high. The bills in the Legislative council are debated in a very peaceful environment.

Question 9.
Give any four argument against Legislative Council.
Answer:

1. Not Popular House: The Legislative council is not a people’s House. Its members are not directly elected by the people. It is a citadel of vested interests.
2. Weak Chamber: The Legislative council is very weak House. It can delay a money bill at the most for 14 days and a non-money bill for four months.
3. Superflous and Mischievous: The Legislative council is agree with the first chamber (Vidhan Sabha) it is superfluous and if it disagree it is mischievous. The Legislative council is not Second Chamber but a Secondary Chamber.
4. Expensive: The members of Legislative council enjoy co-equal privileges and perks with the members of Legislative Assembly. Hence it an unnecessary burdon on the public exchequer.

Question 10.
How does the Legislature in Punjab State Control the Council of Ministers?
Answer:
In Punjab Legislature controls the Council of Ministers in the following manners:

1. The members of the state Legislature controls the council of Ministers by asking questions and supplementary questions.
2. The members of the state Legislature can move the motion of censure or adjournment motion against the Council of Ministers.
3. The Council of Ministers is collectively and ministers are individually responsible to the state Legislature.
4. The Legislative Assembly can move the vote of no-confidence against the council of ministers. The council of ministers has to resign if the Assembly passes that motion.

Question 11.
‘Legislative Assembly is more powerful than Legislative Council’. Explain.
Answer:
1. Of the two Houses, it is the Legislative Assembly which has been given the prestigious place in the state legislature. Ordinary bill can be introduced in either House. The legislative Council cannot make any law against the wishes of the Assembly while the Assembly can override the council after an interval of four months. On ordinary bills the decision of the Assembly is practically final.

2. In respect of money-bill, the Legislative Assembly Commands a dominating position. A money-bill can originate in the Legislative Assembly only. When a money bill is passed by the legislative Assembly, it is sent to the Council. The legislative Council is required to return the money-bill to the Assembly within 14 days, of its receipts with or without its recommendations. It is the Legislative Assembly which has complete control over the finances of the State.

Members of both the Houses have the right to put questions and supplementaries to the ministers. But the Council of Ministers is collectively responsible to the Legislative Assembly only.

Question 12.
Describe the position of the Legislative Assembly.
Answer:
The Legislative Assembly plays a very important role in the administration of the State. It has almost all the legislative powers of the State. The Legislative Council can delay an ordinary bill at the most for 4 months and a money bill at the most for 14 days. No law can be passed against the bill of the Legislative Assembly. The Cabinet is completely under the control of the Legislative Assembly. The Legislative Assembly by passing a vote of no-confidence against the ministry can remove it from office. In brief, the Legislative Assembly enjoys an important position in the State.

Question 13.
Describe the position of the Legislative Council (Vidhan Parishad).
Answer:
Legislative Council is the upper chamber of the State Legislature. But its position as compared with the lower chamber is of less importance. The Legislative Assembly can establish or abolish the Legislative Council by passing a resolution of this effect. The very existence of the Legislative Council depends upon the Legislative Assembly. It also enjoys less powers as compared with the Legislative Assembly.

It can delay a money bill at the most for 14 days and a non-money bill at the most for 4 months. It cannot stand in the way of the Legislative Assembly. Notwithstanding all these weaknesses it has its own importance. It serves as a revising chamber. It brings to light the shortcomings in the bills passed by the Legislative Assembly.

Question 14.
Describe the Legislative powers of the Legislative Assembly.
Answer:
The Legislative Assembly can make laws of the subjects mentioned in the State list and concurrent list. If there is only one chamber of the legislature, the bill after having been passed by this chamber is sent to the Governor for his assent. If there are two chambers of the legislature, the bill after having been passed by one chamber is sent to the second chamber and then to the Governor of the State for his assent. The second chamber council can delay the passage of the bill at the most for 4 months. The Governor can veto a bill once but if passed by the legislature for the second time, the Governor will have to give his assent.

If a bill is passed by the Legislative Assembly and the Legislative Council rejects it or delays it for more than 3 months, the bill will go back to the Assembly. If the Legislative Council again rejects it or delays it for more than one month, it will be considered to have been passed by the State Legislature as it was passed by the Legislative Assembly. In this way the Legislative Council can delay a non-money bill at the most for 4 months.

Question 15.
Explain the financial powers of the State Legislature.
Answer:
Money bill can only be introduced in the Legislative Assembly. The Legislative Assembly exercises complete control over the finances of the State. The Legislative Council can delay a money bill at the most for 14 days. The Legislative Council may reject a money bill or may not take any action over it for 14 days, in both these conditions, the money bill is considered as passed and is sent to the Governor for his approval. The Governor cannot refuse to give his assent to the money bill. During emergency limitations can be imposed on the financial powers of the Governor.

Question 16.
Explain the Executive powers of the State Legislature.
Answer:
The State Executive is responsible to the Legislative Assembly for all its actions and policies. The leader of the majority party in the Legislative Assembly is appointed the Chief Minister of the State. Most of the ministers are taken from the Legislative Assembly.

The members of the Legislative Assembly can ask questions from the ministers and they are to give statisfactory answers to all these questions. The Legislative Assembly can reject an important bill of the Cabinet or by decreasing the salary of a minister or by passing a vote of no-confidence against the ministry to remove it from the office.

Question 17.
Discuss in brief the legislative powers of the Legislative Council.
Answer:
Any non-money bill which can be introduced in the Legislative Assembly can also be introduced in the Legislative Council. Any ordinary bill in the subjects mentioned in the State fist and concurrent list can be introduced in the Legislative Council. After the bill is passed by the Legislative Council it is sent to the Legislative Assembly. The bill cannot be sent to the Governor for his assent unless it is passed by the Legislative Assembly. The Legislative Council can delay a non- money bill at the most for 4 months.

Question 18.
Describe the Financial powers of Legislative Council.
Answer:
In financial matters the Legislative Council does not enjoy much powers. Money bill cannot be introduced in this chamber. The money bill can only be introduced in the Legislative Assembly and sifter it is passed from there it is sent to the Legislative Council and the Council can delay it at the most for 14 days.

It may reject the bill or may not take any action over it for 14 days and in both these cases the bill is considered passed by both the Houses and is sent to the Governor for his assent. Budget is only introduced in the Legislative Assembly.

Question 19.
Describe the position of the Legislative council regarding the control of executive.
Answer:
The Legislative Council does not exercise much control over the executive. Some ministers are of course taken from the Council. Its members can ask questions to the ministers and they are to give satisfactory answers to the questions. The Legislative Council can criticise the functioning of the departments under the ministers. More than this it does not have any control over the Council of Minister. The Council of Ministers cannot be removed from office by the Legislative Council.

Very Short Answer Type Questions

Question 1.
Describe the composition of State Legislative Assembly.
Answer:
The Constitution provides that the Legislative Assembly of each State shall consist of not more than 500 and less than 60 members. The total strength of a State Legislative Assembly depends upon the population of the state. For instance the Legislative Assembly of Punjab consists of 117 members while Haryana Assembly has 90 members.

Question 2.
What are the qualifications of the members of Legislative Assembly?
Answer:
A candidate seeking elections to the Legislative Asssembly must fulfil the following qualifications:

• He must be a citizen of India.
• He must have completed the age of 25 years.

Question 3.
Describe the tenure of the Legislative Assembly.
Answer:
The term of the Legislative Assembly is five years. The term of five years start form the date of its sitting. After the expiry of five years the Assembly stands automatically dissolved. The Governor is empowered to dissolve the Assembly even before expiry of five years.

Question 4.
Write down any two powers of the State Legislative Assembly.
Answer:
The Legislature in the state enjoy the following powers and functions:
1. Legislative Powers:
The State Legislature can frame laws on all the subjects mentioned in the state list and concurrent list. The ordinances issued by the governor are to be approved by the legislature otherwise they will cease to operate.

2. Financial Powers:
The Legislature controls the finance of the state. The budget is passed by the State Legislature before the start of the financial year. No Tax can be imposed on the people without the consent of the Legislature.

Question 5.
Write down the functions of the Speaker of State Legislature.
Answer:
The functions and powers of the State Speaker are almost the same as those of the Speaker of Lok Sabha. His functions and powers are as follows:

• He is required to preserve order and decorum in the House of conducting Leglislative business.
• He allocates time for different kinds of businesses in the House.

Question 6.
Explain the utility of the Legislative Council.
Answer:
Legislative council is a useful chamber. The utility of this house can be described as:
1. Revision of Bill: The Legislative council serves as a revising chamber. It prevents the ill backed and ill-considered bills.

2. Relieves the Lower House of a Part its Work: The Legislative council reduces the work of the Legislative Assembly. Non-controversial bill can be introduced in the Legislative council.

Question 7.
Write down any two argument against Legislative Council.
Answer:

1. Not Popular House: The Legislative council is not a people’s House. Its members are not directly elected by the people. It is a citadel of vested interests.
2. Weak Chamber: The Legislative council is very weak House. It can delay a money bill at the most for 14 days and a non-money bill for four months.

Question 8.
Describe the Legislative powers of the Legislative Assembly.
Answer:
The Legislative Assembly can make laws of the subjects mentioned in the State list and concurrent list. If there is only one chamber of the legislature, the bill after having been passed by this chamber is sent to the Governor for his assent. If there are two chambers of the legislature, the bill after having been passed by one chamber is sent to the second chamber and then to the Governor of the State for his assent.

Question 9.
Explain the financial powers of the State Legislature.
Answer:
Money bill can only be introduced in the Legislative Assembly. The Legislative Assembly exercises complete control over the finances of the State. The Legislative Council can delay a money bill at the most for 14 days. The Legislative Council may reject a money bill or may not take any action over it for 14 days, in both these conditions, the money bill is considered as passed and is sent to the Governor for his approval.

Question 10.
Discuss about the various stages through which an ordinary bill has to pass in a state Legislative Assembly before it becomes an Act.
Answer:
Any ordinary Bill has to pass through following states:

1. First Reading
2. Second Reading
3. Committee Stage
4. Reporting Stage
5. Third Reading
6. Bill in the Second Chamber.

One Word to One Sentence Answer Type Questions

Question 1.
Describe the term of Legislative Council.
Answer:
Legislative Council is a permanent body.

Question 2.
Write the term of Legislative Assembly.
Answer:
5 years.

Question 3.
Write down one qualification for the membership of the Legislative Assembly.
Answer:
Candidate must have completed 25 years of age.

Question 4.
Mention the name of any one state where Legislative Council exists?
Answer:
Uttar Pradesh.

Question 5.
Write down any one qualification for the member of the Legislative Council.
Answer:
Candidate must have completed 30 years of age.

Fill in the blanks

1. …………… of the State Legislature is more powerful.
Answer:
Legislative Assembly

2. Legislative Assembly can be dissolved by the ……………… before the expiry of the tenure.
Answer:
Governor

3. Members of Legislative Assembly are elected by the ………….. .
Answer:
People

4. …………….. of the State Legislature is having real control over the executive.
Answer:
Legislative Assembly.

True or False statement

1. Speaker is the presiding officer of the Legislative Assembly.
Answer:
True

2. The Legislative Assembly of Punjab consist of 117 members.
Answer:
True

3. The tenure of the member of the Legislative Council is 5 years.
Answer:
False

4. After the passage of the bill by the State Legislative the bill is sent to the Governor.
Answer:
True

Choose The Correct Answer

Question 1.
The maximum strength of the legislative assembly in a state can be:
(A) 430
(B) 500
(C) 543
(D) 520.
Answer:
(B) 500

Question 2.
Which one of the following State Legislature is Bi-Cameral?
(A) Punjab
(B) Haryana
(C) Himachal
(D) Uttar Pradesh.
Answer:
(D) Uttar Pradesh.

Question 3.
The tenure of the Legislative Assembly is:
(A) 5 years
(B) 4 years
(C) 6 years
(D) 7 years.
Answer:
(A) 5 years

Question 4.
The Lower House of the State Legislature is:
(A) Legislative Council
(B) Legislative Assembly
(C) Lok Sabha
(D) Rajya Sabha.
Answer:
(B) Legislative Assembly

Question 5.
The Upper House of the State Legislature is:
(A) Legislative Council
(B) Legislative Assembly
(C) Lok Sabha
(D) Rajya Sabha.
Answer:
(A) Legislative Council

Question 6.
Which of the following state having Unicameral Legislature?
(A) Haryana
(B) Bihar
(C) U.P.
(D) Maharashtra.
Answer:
(A) Haryana

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 26 State Executive-Governor, Council of Ministers and Chief Minister Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 26 State Executive-Governor, Council of Ministers and Chief Minister

Long Answer Type Questions

Question 1.
Describe the appointment, powers and position of the Governor of your state.
Or
Describe the powers and position of the Governor.
Or
How is the Governor of a State appointed? Discuss his powers and position.
Answer:
While the executive power of the Union is vested in the President, that of a state is vested in a Governor. But in practice executive powers are exercised by the Council of Ministers headed by the Chief Minister.

Appointment of the Governor:
A Governor is appointed by the President. Provison for an elected Governor had been made in the draft of the Constitution but this idea was dropped because an elected Governor would claim some powers as the representative of the people and that would have created a deadlock.

Therefore, provision for a nominated Governor is made by the President, yet actually he is nominee of the Central Cabinet. In fact this is a political post and the Prime Minister and the other members of the Cabinet would like to have men of their confidence on such key posts. Normally retired or defeated politicians are appointed to these posts. On Feb. 1, 1990 the President appointed 14 new governors. On 18th August, 2016. The President Sh. Pranab Mukherjee appointed Sh. V.P. Singh Badnore as the Governor of Punjab.

Salary and Allowances:
The pay of the Governor is Rs. 3,50,000 per month. In addition to that he gets allowances. He is given a rent-free residence, usually named Raj Bhawan. The salary and allowances of the Governor are charged on the consolidated fund of the state and are not subject to the Vote of the state legislature. The parliament may by law change the allowances or pay but the same cannot be decreased during his tenure. If any other individual acts as a Governor of more than one state, the emoluments payable to him will be fixed by the President.

Qualifications:
The following qualifications have been given in the Constitution for a Governor:

1. He should be a citizen of India.
2. He should not be less than 35 years of age.
3. He must not hold any office of profit.
4. He cannot remain a member of Parliament or a State Legislature if such a member is appointed a Governor. His seat in the legislature concerned will fall vacant as and when he takes over the charge as a Governor.
5. He must possess the qualifications prescribed for membership of the State Legislature.

Term of Office:
The Governor is appointed for a period of five years. The President has the right to extend the term also. However, the Governor holds the office during the pleasure of the President at any time. At the time of removal no reasons have to be given by the President. In October 1980 Mr. Prabhudas Patwari, the Governor of Tamil Nadu, was dismissed. In January, 1990 the President sought the resignation of all the governors. The Governor may himself resign before the expiry of his term. On 16th March, 1998 controversial Uttar Pradesh Governor Romesh Bhandari resigned within hours of appointment of Mr. Atal Behari Vajpayee as the Prime Minister.

Immunities:
According to Art. 361, the Governor is not answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done by him in the exercise of his official duties. No criminal proceedings can be instituted or continued against the Governor of a State in any Court, during his term of office.

Nor any process for the arrest or imprisonment of the Governor shall be issued from any Court during his term of office. Civil proceedings against the Governor can be instituted in any Court in respect of any act done in his personal capacity during his term of office. But a two-month notice in writing has to be delivered to him stating the nature of the proceedings, the cause of the action, the name of the party intending to sue him, and the relief demanded.

Powers of the Governor:
The administration of the State is under the control of a Governor. He is the head of the State and he exercises various powers. These are given as follows:
1. Executive Powers:
The Governor is the head of the State. All the executive powers of the State are vested in him. He exercises the powers connected with the subjects mentioned in the State list or the concurrent list either directly or through officers subordinate to him. All the laws are executed in his name and he is responsible for the maintenance of peace and order in the State. All the important officials for the State are appointed by the Governor and all the employees of the State work under him.

He appoints the Chief Minister and all other ministers are appointed by him on the advice of the Chief Minister. Besides this the Governor appoints the State Advocate General, Chairman and members of the Public Service Commission and the Vice Chancellors of the Universities. The ministers hold office during the pleasure of the Governor. He has the power to dismiss the Council of Ministers.

Article 167 provides that it is the duty of the Chief Minister of the State to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposal for legislation as the Governor may call for, and if the Governor so requires ; to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the council.

The Governor sends his report to the President regarding the failure or the possibility of a failure of the constitutional machinery of a state. When the President makes a Proclamation of Emergency for the State under Art. 356 of the Constitution, the Governor acts as the agent of the Central Government.

2. Legislative Powers:
The Governor exercises many legislative powers
(i) He is a part of the State Legislature.

(ii) He convenes the sessions of the State legislature. He is to convene the next session within a period of six months.

(iii) He can increase the duration of the session as well as adjourn the session before time.

(iv) The Governor can dissolve the legislative assembly and can order fresh elections,

(v) He can address both the chambers of the State Legislature independently or collectively,

(vi) The first session after the general election and the first session of the new year starts with the inaugural address of the Governor. In his inaugural address the Governor places before the legislature the policy of the Government for the year. He also invites the attention of the legislature towards the problems facing the state

(vii) He nominates 1/6 members of the Legislative Council and one member to the Legislative Assembly from the Anglo-Indian community if it has not got adequate representation in the chamber,

(viii) He can send messages to the legislature from, time to time.

(ix) No bill passed by the legislature can become an act without the signature of the Governor. He can reject an ordinary bill and can reserve certain types of bill for the approval of the President of India. If the legislature passes the bill for the second time the Governor will have to give his assent,

(x) He can issue ordinance, when the Legislative Assembly is not in session. The ordinances have the force of laws but they must be approved by the legislature within a period of 6 weeks from the start of the session of the legislature otherwise they will become ineffective.

3. Financial Powers:
It is the duty of the Governor to present the budget for the year before the legislature before the start of the financial year. All money bills can be introduced in the state legislature only on the recommendation of the Governor. He can spend money from the contingency fund.

4. Judicial Powers:
He enjoys some judicial powers also. The Chief Justice and ether Judges of the State High Court are appointed on the advice of the Governor. The Judges of the courts are also appointed by him. He has the power to pardon, reprieve and commute punishment. Such powers extend only in respect of cases over which the state legislature has powers to make laws. He has no powers to pardon criminals who are guilty of breaking the Union Laws.

5. As Chancellor:
The Governor of a State is the ex-officio Chancellor of the Universities in the state except the National Universities. He appoints Vice-Chancellors of these Universities. In this sphere also he is supposed to act on the advice of his Council of Ministers but Governors like Gadgil refused to be dictated by the Chief Minister in the sphere which is academic and clearly separated from the administration.

6. Miscellaneous Functions:
Besides the above functions, the Governor has also certain miscellaneous functions:

• The Governor may grant help from the contingency fund to help the people in natural calamities.
• The Governor receives the annual report of the Public Service Commission and with Comments of the Cabinet he sends it to the Legislative Assembly.

Position of the Governor:
The Constitution vests the executive powers of the State in the Governor. There is Chief Minister and his Council of Ministers to aid and advise the Governor. It is only in theory that the State Governor enjoys vast powers. In the State also there is a Parliamentary form of Government, therefore, the Governor is only the Constitutional or nominal head of the State.

According to Dr. Ambedkar, the Governor has no functions, not to speak of powers; he has only ‘duties’. And the duties of the Governor, he said, are mainly two:

• to retain the ministry in office and to see when to exercise his pleasure for that purpose in the best possible manner ; and
• to advise the ministry, to warn the ministry, and to suggest to the ministry alternation and ask for a reconsideration.

He always acts on the advice of his ministers. The powers vested in the Governor are actually exercised by the ministers. He can do nothing against or without the advice of the ministers. The leader of the majority party in the legislative assembly is to be appointed the Chief Minister of the State. The Chief Minister also recommends the names of the other ministers for appointment to the Governor. The Governor cannot add or drop any name of his own accord.

The Governor cannot remove the ministers from their office. The Cabinet remains in office so far as it enjoys the support of the majority party, The Governor summons the meetings of the legislature on the advice of the Cabinet. The inaugural address to be read by the Governor is also prepared by the Cabinet. The Governor dissolves the legislature and orders fresh election on the advice of the Cabinet, All the appointments are made by the Governor on the advice of the Chief Minister.

But the above mentioned facts should give us the impression that the Governor is only the nominal head of the State. He is not a rubber stamp but under certain circumstances he can act according to his own will.
1. He is the head of the State as well as the agent of the Central Government. He is to see that the State Government carries out the policies and orders of the Central Government.

2. He can appoint any member as Chief Minister if no political party has a clear cut majority in the assembly or if the party has no acknowledged leader. For example, in May, 1982 no party secured asbolute majority in Haryana Legislative Assembly. The Governor G. D. Tapase appointed Mr. Bhajan Lai, leader of the Congrss (I), as Chief Minister.

3. The Governor should be immediately informed of all Hie decisions taken by the Cabinet. The Chief Minister informs the Governor about all the decisions taken by the Cabinet. The Governor can ask the Cabinet to reconsider a decision.

4. He can refuse to sign an ordinary bill passed by the state legislature.

5. He can dismiss a ministry if he is convinced that it has lost majority support.

6. The Governor informs the President immediately regarding the failure or the possibility of a failure of the constitutional machinery of the State. He need not consult the Cabinet when he conveys such an information to the President.

7. The Governor becomes the agent of the Central Government when the President issues a proclamation of emergency in the State. The administration of the State is run by the Governor during the period of emergency. He then acts according to the orders and wishes of the President.

Question 2.
Describe how the State Council of Ministers is formed. Also discuss its powers and functions.
Or
How is the State council of ministers formed? Explain its powers.
Answer:
In the State a government, like the Central Parliamentary Government, has been established. It is written in the Constitution that there will be a council of ministers headed by the Chief Minister to ‘aid and advise the Governor. The Governor appoints the leader of the majority party as the Chief Minister and all other ministers are appointed by him on the recommendations of the Chief Minister. But the fact is that the Governor can neither appoint not remove any minister from office of his own accord.

Appointment of the Council of Ministers. The leader of the majority party in the legislative assembly is appointed Chief Minister by the Governor. Examples are on record when the Governor appointed those as Chief Ministers who were not at all the members of the State Legislature.

Mr. Sidhartha Shankar Ray was appointed the Chief Minister of West Bengal though he was not a member of the State Legislature. The Chief Minister, after his appointment, prepares a list of his colleagues and hands it over to the Governor. The Governor appoints the Ministers according to this list. The Governor cannot make any change in the list. The Chief Minister distributes portfolios among the ministers. The Chief Minister can make a change in the departments of his ministers.

Composition:
The Council of Ministers consists of the Chief Minister and other ministers. The Council of Ministers may have three or two ranks of ministers. In the Constitution 91st Amendment Act provides that the total number of ministers including the Chief Minister in a state j shall not exceed 15% of the total number of members of the Legislative Assembly.

Term of Office:
The Cabinet does not have any definite and fixed term of office. The Chief Minister can ask any minister to resign. The Cabinet remains in office so far as it enjoys the confidence of the majority of members of the House. The legislative assembly can pass a vote of no-confidence against the ministry and the ministry will vacate office.

Qualifications:
There is only one qualification for becoming a minister that he should be a member of either House of the legislature. If a person is appointed a minister and he is not a member of the legislature he will have to become a member of the legislature within a period of 6 months of his appointment otherwise he is to leave office.

Salary and Allowances:
The salary and allowances of the Chief Minister and other ministers are fixed by the state legislature and hence it varies from state to state.

Powers and Functions of Council of Ministers:
The Council of Ministers occupies the same position in the State as the Council of Ministers occupies at the Centre. They are to perform various functions:

1. Executive Powers
The ministry exercises all the executive powers of the Governor. All the departments of the Government are under the control of the ministers and it is their responsibility to run the administration smoothly. The Council of Ministers lays down the policy of Government and in the light of that the departmental work is carried out. The Council of Ministers executes the decision taken by the Cabinet. They maintain order and peace in the State. All the big and important appointments are made on the advice of the Council of Ministers.

2. Legislative Powers
(i) The Council of Ministers has a big role to play in the making of the laws for the State.

(ii) Ministers are taken from among the members of the legislature. They participate in the meetings of the legislature. They introduce bills, participate in the discussion and cast their vote.

(iii) The meetings of the legislature are summoned and adjourned on the advice of the Cabinet.

(iv) The Inaugural address of the Governor is also preapred by the Council of Ministers.

(v) Most of the bills in the legislature are introduced by the Council of Ministers and bills are rejected and passed according to the will of the Council of Ministers. Council of Ministers has the support of the party in majority in the Legislature and this party is always at the beck and call of the Cabinet. Therefore, any bill introduced by the Cabinet cannot be rejected.

(vi) The Council of Ministers, if it so desires, can ask the Governor to dissolve the Legislative Assembly. The Governor under such circumstances also is to act on the advice of the ministry.

(vii) The Council of Ministers can issue an ordinance through the State Governor.

3. Financial Powers
The budget of the State is prepared by the Council of Ministers. The money bills can only be introduced by the ministers. These are the ministers who propose imposition of taxes or suggest reduction or abolition of taxes.

4. Judicial Powers
The Governor exercises his judicial powers on the advice of the Council of Ministers. Position of the Council of Ministers during the time of Emergency. The above ‘ mentioned powers of the Council of Ministers clearly indicate that the ministry is the real ruler of the state. Its will prevails in the making; of laws, enforcing them and in the running of the administration of the State.

But during emergency the Cabinet loses its importance. When the proclamation of emergency is issued, the resident can take the administration in his own hands and in this situation the Governor acts as the agent of the President of India. The Governor then acts on the advice of the President and not on the advice of the Council of Ministers.

Question 3.
Discuss the appointment, powers and position of the State Chief Minister.
Answer:
The administration of the State is run in the name of the Governor but in practice it is the Chief Minister who runs the administration. The head of the Council of Ministers is the Chief Minister. The position of the State Chief Minister is quite the same as that of the Prime Minister in the Centre.

Appointment:
The Chief Minister is appointed by the Governor. But the Governor is not free and independent in the appointment of the Chief Minister. He can appoint only the leader of the majority party in legislative assembly as the Chief Minister of the State. If the Governor appoints someone else to this post, then the administration of the state cannot be run smoothly. If no party commands absolute majority in the legislative assembly of the State or the majority party fails to elect its leader, the Governor can use some discretion in appointing the Chief Minister.

But he is to see that the Chief Minister can get the support of the majority in the legislature. For example in May, 1982 no party secured absolute majority in Haryana Legislative Assembly. The Governor G. D. Tapase appointed Congress (I) leader Mr. Bhajan Lai as the Chief Minister.

In Feb. 1997 Sardar Parkash Singh Badal was sworn as Chief Minister of Punjab. In Feb. 1998 in the Himachal Pradesh Assembly election no pprty secured absolute majority. On 6th March, 1998 Himachal Pradesh Governor Mrs. Rama Davi appointed Congress leader Veer Bhadra Singh as the Chief Minister because Congress was the single largest party in the Assembly. In March 2017, Captain Amrinder Singh was sworn as the Chief Minister of Punjab.

Term of Office:
The tenure of the Chief Minister is not fixed. The Governor cannot remove him from office of his own accord. The Chief Minister remains in office so far as he is supported by the majority of the members of the legislative assembly. The Chief Minister resigns when the majority in legislative assembly goes against him. On 12th March, 1998 Chief Minister of Himachal Pradesh resigned because he was not having majority support in the Assembly.

Salary and Allowances:
The salary and allowances of the Chief Minister are fixed by the State legislature. In addition to different allowances he is given free accommodation, free medical care, travelling allowance and many other facilities.

Powers and Functions of the Chief Minister:
The Chief Minister of a State enjoys in the State, a position similar to the position of the Prime Minister in the Union of India. For all practical purposes the Chief Minister holds the executive power of the State Government in his hands. The powers and functions of the Chief Minister may be discussed as under:

1. Chief Minister and Council of Ministers:
The Council of Ministers has no . existence without the Chief Minister. Like the Prime Minister, the Chief Minister of a State is also the “key stone of the Government arch.” Chief Minister’s powers regarding Council of Ministers are as ahead:

(i) Formation of the Ministry:
The Chief Minister forms the Cabinet. After his appointment he prepares a list of other ministers and the Governor makes appointments of the ministers according to that list. No person can be appointed a minister against or without the will of the Chief Minister.

(ii) Distribution of Portfolios:
The departments are distributed among the ministers by the Chief Minister. The Chief Minister looks after the work of other ministers. He can change the departments of the ministers whenever he likes. The ministers keep the Chief Minister informed regarding the working of their departments. They get advice of the Chief Minister whenever necessary.

(iii) Removal of Ministers:
The ministers remain in office during the pleasure of the Chief Minister. The Governor cannot remove any Minister from office of his own accord, The Chief Minister can ask any minister to resign if he is not happy with his work. He can make a change in his Council of Ministers whenever he likes.The resignation of the Chief Minister means the resignation of the entire ministry. In June 1994, Haryana Chief Minister, Mr. Bhajan Lai, sacked Mr. Chhatarpal Singh, the Technical Education Minister.

(iv) Chairman of the Cabinet Meetings:
The Governor cannot participate in the meetings of the Cabinet. The Chief Minister calls the meetings of the Cabinet and presides over its meetings. He also prepares and controls the agenda for Cabinet meetings. The Cabinet takes its decisions unanimously and normally the views of the Chief Minister carry weight.

(v) Leader of the Council of Ministers:
The Chief Minister is the leader of the Council of Ministers. The entire Council of Ministers works under the captaincy of the Chief Minister. The Chief Minister summons the meetings of the Cabinet and presides over them. It is he who decides the agenda of the Cabinet. He can make a change in the agenda at the eleventh hour and put forward proposals from his own side for discussion. Being the leader of the Council of Ministers, the decisions of the Council of Ministers are practically the decisions of the Chief Minister.

2. Link Between the Council of Ministers and the Governor:
The Chief Minister informs the Governor regarding all the decisions taken by the Cabinet. The Council of Ministers takes the advice of the Governor through the Chief Minister.

3. Leadership of the Cabinet in the Legislature:
The Chief Minister can attend the meetings of both the Houses and can participate in their working. The members of the legislature ask questions to the Cabinet members and criticise their policies and actions. When a minister cannot give satisfactory reply to the criticism of a member, the Chief Minister assists the minister in satisfying the member. The important decisions taken by the Cabinet are announced in the legislature by the Chief Minister.

4. Principal Advisor of the Governor:
The Chief Minister is the principal advisor of the Governor. He takes the advice of the Chief Minister on all the issues. The Governor makes all the important appointments in the State on the advice of the Chief Minister. The Chief Minister gives every information to the Governor regarding the State administration.

5. Leader of the Legislature:
The Chief Minister is also the leader of the legislature. He is the leader of the legislative assembly because his party commands majority in
the legislature. Legislative Assembly is more important than the Legislative Council. The Legislative Council cannot stand in the way of Legislative Assembly. Therefore, the legislature generally acts under the guidance of the Chief Minister. No law can be framed without the will of the Chief Minister. During emergency also the legislature performs its functions according to the instructions of the Chief Minister.

6. Leader of the masses:
The Chief Minister is the leader of the masses in the State. He is the elected representative of the people And is supported by the majority party in the House. The people of the State are always ready to carry out the wishes of the State Chief Minister. His office is of ,great importance in the State.

Position of the Chief Minister:
In the State, the position of the Chief Minister is similar to the positon of the Prime Minister at the Centre. The Chief Minister is the man of conscience in the State. Against his wishes, neither a bill can be passed nor a tax can be levied. He is like the sun around which the ministers revolve like planets. However, the position of the Chief Minister is intimately connected with his party. If the Party enjoys a thin majority in the House or if it lacks solidarity, the position of the Chief Minister may be vulnerable. Before the 1967 general elections, the Congress Party was the master of the country. But after that the split in the party destroyed the unity of the party and ended the monopoly of power.

In most of the states coalition Governments came into power. Various political parties joined hands and formed their Governments. But a coalition Government falls under its own weight. Parties forming the Government quarrel on flimsy matters and part company, throwing the administration to dogs. Surely “when the Chief Minister heads a single party Government, his pre-eminence is unquestioned, but in a coalition or a multiparty Government his pre-eminence is derived solely from agreement among the partners.”

While depending upon the support of other parties, the Chief Minister becomes virtually a ‘prisoner’ in the hands of those parties. “It is clear that he cannot break up the coalition by seeking to dismiss the minister representing the partnership and yet claim to remain in office himself. Under such circumstances, the Chief Minister depends upon the vagaries of the legislature.

The malady of large scale defections has further affected the position of the Chief Minister. After the 1967 general elections, as many as 108 defectors were appointed ministers. What a prize A legislator of Haryana State defected four times in one single day ! There was all scramble for power ; policy and ideology were thrown to the winds. For a while, the very future of parliamentary Government in India was in danger.

Until the Congress was defeated in the sixth general election (1977) the position of a Congress Chief Minister depended largely on the kind of relations he had with the High Command and the degree of support he received from the High Command. During the Janata regime the position of the Chief Minister was not better in so far as his dependence on the Central Party leadership was concerned. After the seventh general electon (1980) and the election of Nine State Assemblies Chief Ministers were wholly dependent on late Prime Minister Mrs. Indira Gandhi, who was also president of the party [Congress (I)]. The frequent trips Congress (I) Chief Ministers made to New Delhi highlight their dependence on the Central leadership. In the present posture of politics, no Chief Minister can hope to be the Nehru of his State.

Short Answer Type Question

Question 1.
How is the Governor of a State appointed?
Answer:
Governor is the head of the state. The President appoints him for five years. One common Governor may also be appointed for two or more than two states. Provision for an elected Governor had been made in the draft of the Constitution but this idea was dropped because an elected Governor would claim some powers as the representative of the people and that would have created a dead-lock.

Therefore, provision for a nominated governor was made in the Constitution. Though the formal appointment of the Governor is made by the President, yet actually he is nominee of the Central Cabinet. In fact this is a political post and the Prime Minister and the other members of the Cabinet would like to have men of their confidence on such key posts. Normally retired or defeated politicians are appointed to these posts.

Question 2.
Describe the qualifications to become a Governor of a state.
Answer:
The following qualifications have been given in the Constitution for a Governor:

1. He should be a citizen of India.
2. He should not be less than 35 years of age.
3. He must not hold any office of profit.
4. He cannot remain a member of Parliament or a State legislature. If such a member is appointed a Governor, his seat in the legislature concerned will fall vacant as and when he takes over the charge as a Governor.
5. He must possess the qualifications prescribed for membership of the State legislature.

Question 3.
Explain the tenure of the Governor.
Answer:
The Governor is appointed for a period of five years. The President has the right to extend the term also. However, the Governor holds the office during the pleasure of the President which means that the Governor can be removed by the President at any time. At the time of removal no reasons have to be given by the President. The Governor may himself resign before the expiry of his term. In March, 1998, Mr. Romesh Bhandari, Governor of U.P. resigned.

Question 4.
Describe the salary and allowances of the Governor.
Answer:
The pay of the Governor is Rs. 3,50,000 per month. In addition to that he gets allowances. He is given a rent-free residence, usually named Raj Bhawan. The salary and allowances of the Governor are charged to the consolidated fund of the state are not subject to the vote of the state legislature. The Parliament may by law change the allowances or pay but the same cannot be decreased during his tenure. If any other individual acts as a Governor in his absence, he also will be entitled to the pay, allowances and other privileges of the Governor. If the same person is appointed as the Governor of more than one state, the emoluments payable to him will be fixed by the President.

Question 5.
Describe the immunities of the Governor.
Answer:
According to Art. 361, the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office or for any act done by him in the exercise of his official duties. No criminal proceedings can be instituted or continued against the Governor of a State in any Court, during his term of office. Nor any process for the arrest or imprisonment of the Governor shall be issued from any Court during his term of office.

Civil proceedings against the Governor can be instituted in any Court in respect of any act done in his personal capacity during his term of office. But a two months’ notice in writing has to be delivered to him stating the nature of the proceedings, the cause of action, the name of the party intending to sue him, and the relief demanded.

Question 6.
Write down the Legislative Powers of the Governor.
Answer:
The Governor exercises following legislative powers:

1. He convenes the sessions of the state legislature. He is to convene the next session within a period of six months.
2. The Governor can dissolve the legislative assembly and can order fresh elections.
3. The first session after the general election and the first session of the new year starts with the inaugural address of the Governor. .
4. He nominates 1/6 members of the Legislative Council.

Question 7.
Write a short note on the executive powers of the Governor.
Answer:
The Governor is the head of the State. All the executive powers of the State are vested in him. All the laws are executed in his name and he is responsible for the ‘ maintenance of peace and order in the State. All the important officials for the State are appointed by the Governor and all the employees of the State work under him. He appoints the Chief Minister and all other ministers are appointed by him on the advice of the Chief Minister. He has the power to dismiss the Council of Ministers.

Question 8.
Explain the situation in which the Governor can use discretionary powers.
Answer:
The Governor has some powers which he can use on his own. These are called discretionary powers-

1. He is to see that the state government carries out the policies and orders of the central government.
2. He can appoint any member as Chief Minister if no political party has clear cut majority in the assembly or if the party has no acknowledged leader.
3. He can refuse to sign an ordinary bill passed by the state legislature.
4. He can dismiss a ministry if he is convinced that it has lost majority support.

Question 9.
Describe the position of the Governor of a State.
Answer:
The position of the Governor in the State is the same as that of the President at the Centre. He occupies a high office but wields little power. All his powers are used by the Council of Ministers. In normal time he is only a nominal head. He has to act on the advice of the Council of Ministers.

During the emergency he exercises real powers. On his report the President dismisses the council of ministers and dissolves or suspends the legislature. The State comes under the President’s rule and the Governor acts as the real executive.

Question 10.
Under what conditions can the President rule be imposed in a State? What is the position of the Governor in such a situation?
Answer:
It sometimes becomes impossible to carry on the administration of the State according to the Constitution. It may happen that no party has a clear majority in the legislative assembly and the government may not be formed; or there is a complete break down of law and order.

In such a situation the Governor sends a report to the President. If the President dismisses the Ministry of the State on the basis of the report and suspends or dissolves the Assembly, the Governor acts as the agent of the President. He exercises all executive powers on behalf of the President. He is then responsible for the administration of the State.

Question 11.
Describe in brief the composition of the Council of Ministers at state level. .
Answer:
According to Art 163 (1) of Indian Constitution, there shall be a Council of Ministers with the Chief Minister as the head to aid and advice the Governor in exercise of his functions. The Governor appoints the Chief Minister at first. He then appoints other ministers on the advice of the Chief Minister. The Governor can’t appoint any person as a member of Council of Ministers contrary to Chief Minister’s wishes. It is the Chief Minister who decides the size of the Council of Ministers.

Question 12.
How is the Chief Minister of a State appointed?
Answer:
The Governor appoints the Chief Minister. But he cannot appoint a man of his choice as Chief Minister. He invites the leader of the majority party or group in the assembly to form the government and appoints him as the Chief Minister. The Chief Minister should be a member of the legislature. If he is not a member of the legislature at the time of his appointment he has to become one within six months.

Question 13.
How is the Chief Minister appointed when there is no single majority party?
Answer:
The Chief Minister is appointed by the Governor. If no party commands absolute majority in the Legislative Assembly, the Governor can use some discretion in appointing the Chief Minister. But he is to see that the Chief Minister can get the support of the majority in the Legislative Assembly. For example in May 1982 no party secured absolute majority in Haryana Legislative Assembly, the Governor G.D. Tapase appointed Congress (I) leader Mr. Bhajan Lai as Chief Minister.

Question 14.
Write any four functions of Chief Minister of a state.
Answer:
The powers and the functions of the Chief Minister may be discussed as under:

1. Formation of Ministry:
The Chief Minister forms the Council of Ministers. He distributes portfolios among the ministers. He can make any change in the Council of Ministers.

2. Link Between the Council of Ministers and the Governor:
The Chief Minister informs the Governor regarding all the decisions taken by the Cabinet. The Council of Ministers takes the advice of the Governor through the Chief Minister.

3. Leader of the Legislature:
The Chief Minister is also the leader of the legislature. No law can be framed without the will of the Chief Minister. During emergency also the legislature performs its functions according to the instructions pf the Chief Minister.

4. Dissolution of the Assembly:
The Chief Minister can recommend to the Governor the dissolution of the Legislative Assembly even before the expiry of its term.

Question 15.
Describe the powers and functions of State Council of Ministers.
Answer:
The Council of Ministers enjoys the following powers:
1. Executive Powers:
The Council of Ministers lays down the*policy of government and in the light of that the departmental work is carried out. All the big and important appointments are made on the advice of the Council of Ministers.

2. Legislative Powers:
The meetings of the legislative are summoned and adjourned on the advice of the Council of Ministers. Most of the bills in the legislative are introduced by the Council of Ministers and bills are rejected and passed according to the will of the Council of Ministers. The Council of Ministers can advise the governor to dissolve the Legislative Assembly.

3. Financial Powers:
The budget of the state is prepared by the Council of Ministers. The money-bill can be introduced by the minister.

4. Judicial Powers: The Governor exercise his Judicial Powers on the advice of the Council of Ministers.

Question 16.
Write down the name of Governor and Chief Minister of Punjab.
Answer:
Sh. V. P. Singh Badnore is the Governor of Punjab and Captain Amrinder Singh is the Chief Minister of Punjab.

Very Short Answer Type Questions

Question 1.
How is the Governor of a State appointed?
Answer:
Governor is the head of the state. The President appoints him for five years. One common Governor may also be appointed for two or more than two states.

Question 2.
Explain any two qualifications to become a Governor of a state.
Answer:
The following qualifications have been given in the Constitution for a Governor:

• He should be a citizen of India.
• He should not be less than 35 years of age.

Question 3.
Describe the Salary and allowances of the Governor.
Answer:
The pay of the Governor is Rs. 3,50,000 per month. In addition to that he gets allowances. He is given a rent-free residence, usually named Raj Bhawan. The salary and allowances of the Governor are charged to the consolidated fund of the state are not subject to the vote of the state legislature.

Question 4.
What are the Legislative Powers of the Governor?
Answer:
The Governor exercises following legislative powers:

• He convenes the sessions of the state legislature. He is to convene the next session within a period of six months.
• The Governor can dissolve the legislative assembly and can order fresh elections.

Question 5.
Write a short note on the executive powers of the Governor.
Answer:
The Governor is the head of the State. All the executive powers of the State are vested in him. All the laws are executed in his name and he is responsible for the maintenance of peace and order in the State. All the important officials for the State are appointed by the Governor and all the employees of the State work under him.

Question 6.
Explain the situation in which the Governor can use discretionary powers.
Answer:
The Governor has some powers which he can use on his own. These are called discretionary powers-

• He is to see that the state government carries out the policies and orders of the central government.
• He can appoint any member as Chief Minister if no political party has clear cut majority in the assembly or if the party has no acknowledged leader.

Question 7.
Discuss the Financial powers of the Governor.
Answer:

• All Money Bills can be introduced in the state legislature only on the recommendation of the Governor.
• It is the duty of the Governor to present the budget for the year before the legislature before the start of the financial year.

Question 8.
Describe in brief the composition of the Council of Ministers at state level.
Answer:
According to Art 163 (1) of Indian Constitution, there shall be a Council of Ministers with the Chief Minister as the head to aid and advice the Governor in exercise of his functions. The Governor appoints the Chief Minister at first. He then appoints other ministers on the advice of the Chief Minister.

Question 9.
How is the Chief Minister of a State appointed?
Answer:
The Governor appoints the Chief Minister. But he cannot appoint a man of his choice as Chief Minister. He invites the leader of the majority party or group in the assembly to form the government and appoints him as the Chief Minister.

Question 10.
How is the Chief Minister appointed when there is no single majority party?
Answer:
The Chief Minister is appointed by the Governor. If no party commands absolute majority in the Legislative Assembly, the Governor can use some discretion in appointing the Chief Minister. But he is to see that the Chief Minister can get the support of the majority in the Legislative Assembly.

Question 11.
Explain any two functions of Chief Minister of a state.
Answer:
The powers and the functions of the Chief Minister may be discussed as under:

1. Formation of Ministry: The Chief Minister forms the Council of Ministers. He distributes portfolios among the ministers. He can make any change in the Council of Ministers.
2. Link Between the Council of Ministers and the Governor: The Chief Minister informs the Governor regarding all the decisions taken by the Cabinet.

Question 12.
Describe the powers and functions of State Council of Ministers.
Answer:
The Council of Ministers enjoys the following powers:
1. Executive Powers:
The Council of Ministers lays down the policy of government and in the light of that the departmental work is carried out. All the big and important appointments are made on the advice of the Council of Ministers.

2. Legislative Powers:
The meetings of the legislative are summoned and adjourned on the advice of the Council of Ministers. Most of the bills in the legislative are introduced by the Council of Ministers and bills are rejected and passed according to the will of the Council of Ministers.

One Word to One Sentence Answer Type Questions

Question 1.
Who is the Executive head of a State?
Answer:
Governor.

Question 2.
Who appoints the Governor?
Answer:
President.

Question 3.
Mention the tenure of the Governor.
Answer:
5 years.

Question 4.
Mention one qualification of Governor.
Answer:
He should not be less then 35 years.

Question 5.
Mention one function of the Chief Minister.
Answer:
The Chief Minister form the Cabinet.

Fill in the blanks

1. The leader of the majority party in the Legislative Assembly is appointed …………………… by the Governor.
Answer:
Chief Minister

2. The …………………… enforces the laws passed by the legislature.
Answer:
Council of Ministers

3. The head of the Council of Ministers is the …………………… .
Answer:
Chief Minister.

True or False

1. The Chief Minister is appointed by the Prime Minister.
Answer:
False

2. Governor can use some discretion in appointing the Chief Minister.
Answer:
True

3. The tenure of the Chief Minister is not fixed.
Answer:
True

4. Like Prime Minister, the Chief Minister of a state is not a ‘Key stone of the Cabinet arch”
Answer:
False

Choose The Correct Answer

Question 1.
The tenure of the Governor is:
(A 6 years
(B) 5 years
(C) 7 years
(D) 4 years.
Answer:
(B) 5 years

Question 2.
By whom is the Governor appointed?
(A) President
(B) Cabinet
(C) Prime Minister
(D) Vice-President.
Answer:
(A) President

Question 3.
The salary of the Governor is:
(A) Rs. 5,000
(B) Rs. 5,500
(C) Rs. 10,000
(D) Rs. 3,50,000.
Answer:
(D) Rs. 3,50,000.

Question 4.
Minimum age for the Governor should be:
(A) 30 years
(B) 35 years
(C) 25 years
(D) 21 years.
Answer:
(B) 35 years

Question 5.
The Governor is responsible to the:
(A) Prime Minister
(B) State Legislature
(C) Parliament
(D) President.
Answer:
(D) President.

Question 6.
Who can remove the Governor?
(A) President
(B) People
(C) Parliament
(D) State Legislature.
Answer:
(A) President

Question 7.
Who presides over the meetings of the Council of Ministers?
(A) Speaker
(B) Chief Minister
(C) Governor
(D) Home Minister.
Answer:
(B) Chief Minister

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 25 The Union Legislature Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 25 The Union Legislature

Long Answer Type Questions

Question 1.
Describe the composition of Indian Parliament and compare the powers of the Rajya Sabha with those of the Lok Sabha.
Or
Discuss the composition of Indian Parliament. Describe the relations between the two Houses of Parliament.
Answer:
All the legislative powers of the federal government are vested in the Parliament. The laws framed by the Indian Parliament are enforced in the whole of the country. The Parliament holds its meetings in New Delhi, the Capital of India.

Composition:
Article 79 of the Constitution provides a bicameral parliament for the Union. The Union Parliament consists of the president and the two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

1. Rajya Sabha:
Rajya Sabha is the upper chamber of the Parliament. It can have at the most 250 members in it. The President of India nominates 12 members. These are the persons who have distinguished themselves in the field of art, literature, science and social service. Rest of the members are elected by the members of State legislatures. At present it consists of 245 (233 + 12) members in all. l/3rd of its members retire after every two years and other members are elected to fill up the vacancies. Each member remains in office for a period of 6 years.

2. Lok Sabha:
Lok Sabha is the lower chamber of the Parliament. It can have at the most 550 elected members. The members will be elected acording to the laws framed by the Union Parliament. The President can nominate two members of the Anglo-Indian community if he feels that in the Lok Sabha this- community has not got adequate representation. In this manner maximum strength of the Lok Sabha can be 552.

But at present Lok Sabha has 543 elected members. The members of the Lok Sabha are elected for a period of 5 years. The President of India can dissolve the Lok Sabha before the expiry of its term and can order fresh elections. The members of the Lok Sabha elect one Speaker and one Deputy Speaker from amongst its members.

Salary and Allowances of the Members of Parliament:
The salary and allowances of the members of Parliament are determined by Parliament from time to time. Session of the Parliament. The President of India convenes the session of the Parliament. He can call the sessions of both the Houses on the same date or on different dates. The second session of the Parliament must be convened within a period of 6 months. There should not be a difference of more than 6 months between the last meeting of the last session and the first meeting of the next session. This way two sessions are certainly called in one year.

Relations Between The Two Houses Of Parliament
Although the participation and collaboration of both the Houses are essential for all legislative activities, even a cursory perusal of the provisions of the Constitution with regard to the two Houses of Parliament will show that the Constitution recognizes the supremacy of the Lok Sabha over the Rajya Sabha. The two Houses, unlike the Australian Parliament do not stand on the footing of equality. The relation of the two Houses, unlike the Australian Parliament does not stand on the footing of equality. The relation of the two Houses may be discussed as under:

1. Ordinary Bills:
Ordinary Bills can originate in either House of Parliament. Unless passed by both the Houses they cannot be sent to the President for his assent. A Bill passed by one House is sent to the other House. If the other House passes the Bill in the form in which it was passed by originating House, it is sent to the President for his assent. The other House may propose amendments in the Bill or may even reject the Bill.

Thus, if the two Houses do not agree on the proposed amendments or if the two Houses finally disagree on the Bill, the President, under Art. 108 of the Constitution is empowered to call a joint meeting of the two Houses. In case the receiving House takes no action on the Bill for six months from the date of its receipt in that case also the President may summon a joint meeting of both the Houses. It should be noted that there can be no joint meeting of the two Houses if the Bill has lapsed because of the dissolution of the Lok Sabha.

Even if the President has already issued a notification for joint sitting and even if the date, time and place of the meeting have been announced and summons issued, the meeting shall have to be cancelled because no joint sitting can be held for deliberating and voting on a Bill which has already lapsed. When the President has notified his intention to summon the two Houses to meet in a joint sitting, neither House can proceed with the Bill.

If at the joint meeting of the two Houses the Bill is passed by a majority of the total number of members of both Houses present and voting, it shall be deemed to have been passed by both the Houses. At the joint sitting of the two Houses, the voice of the Lok Sabha should prevail because of its numerical strength. It should not, however, be taken for granted. In India, thus, the Rajya Sabha can delay a Bill or six months.

It may succeed in killing it also especially when the Government has a thin majority in the Lok Sabha and substantial opposition in the Rajya Sabha. In England, the House of Lords can delay a non-money Bill for one year. There is no provision for a joint sitting. In Japan also there is no provision for a joint sitting of the two Houses in case of a deadlock over a Bill. The Upper House of Japn (House of Councillors) can delay an ordinary Bill for sixty days. If the Lower House passes that Bill for the second time by a two-third majority of the members present the Bill is deemed to have been passed by both the Houses.

2. Money Bills:
Money Bills and Budget can originate in the Lok Sabha only. The Rajya Sabha is the receiving end. When a Money Bill is passed by the Lok Sabha it is sent to he Rajya Sabha for its recommendations. The Rajya Sabha, has the right to propose amendments in the Money Bill. It must return the Bill to the Lok Sabha, with or without amendments, within 14 days, but Lok Sabha may or may not agree to those recommendations.

If the Rajya Sabha does not return the Money Bill within 14 days from the date of the receipt of the Bill, the same shall be considered to have been passed by both the Houses of Parliament in the same form in which it was passed by the Lok Sabha. All these provisions clearly prove that the hold of the Lok Sabha over the finance of the country is complete and absolute. It should be noted that in case of disagreement over Money Bill, there cannot be a joint sitting of the two Houses. The Senate of Australia possesses the power to reject even a Money Bill.

The House of Lords of England can delay a money bill for a month. The Upper House of Japan can also delay the passage of a money bill for 30 days. In matters of finance the powers of the Rajya Sabha are insignificant.

3. Control over the Executive:
In India, Parliamentary system of Government has been established. The essence of this form of Government is that the executive is responsible to the legislature for its actions and policies. In practice it is answerable to the Popular House. Thus, according to the Constitution of India, the Council of Ministers has been made collectively responsible to the Lok Sabha.

No doubt, the Rajya Sabha can exert its influence on the Govenment in a number of ways and it may even put the Government in an awkward position, but it cannot remove the Government from office. This power belongs to the Lok Sabha only. This power of the Lok Sabha is exclusive and not concurrent. The Government must enjoy the confidence of the Lok Sabha or else resign. The Lok Sabha can express its lack of confidence in a number of ways, for example by rejecting a Government Bill, a Money Bill or by passing a no confidence resolution.

Thus, the Government must either be in tune with the Lok Sabha or face expulsion. One point may be noted here. The Council of ministers is collectively responsible to the Lok Sabha. The Constitution does not speak of individual responsibility. Moreover, it is not clear that when the Lok Sabha stands dissolved, to whom is the Council of Ministers responsible then? Afer the dissolution of the Lok Sabha in December 1970, the continuance of Indira Government was challenged in the Supreme Court. The Supreme Court upheld the legality of the continuance of Indira Gandhi Government.

4. Other Matters:
On the other matters, the powers of the two Houses are almost equal. They are enumerated as under:

(i) Constitution Amending Bill can be introduced in either House of Parliament. It is deemed to have been passed only when each House passes it by the required majority. Since the Amending Bill has to be passed by each House, the question of joint sitting of the two Houses in case of disagreement does not arise. In this repsect the Rajya Sabha has co-equal powers with the Lok Sabha. It may even kill an amending Bill.

(ii) Both the Houses take part in the election of the President and Vice President.

(iii) Both the Houses have equal powers in the removal of the President, Charges can be preferred in either House, the other House investigates or gets them investigated by a court or a tribunal, but the House cannot abdicate its authority, it has to pass the resolution by 2/3rd majority if the impeachment proceeding is to succeed.

(iv) The Vice President can also be removed from office by the Parliament. Removal proceedings against the Vice President can start only in the Rajya Sabha, but the Lok Sabha must also agree if the Vice President is to be removed from office.

(v) Judges of the Supreme Court and State High Courts are also removed by both the Houses. In this .respect also the powers of both the Houses are equal.

In two matters the powers of the Rajya Sabha are exclusive. They are:
1. Under Article 249, the Rajya Sabha can pass a resolution by 2/3rd majority of its members present and voting that an item given on the State List has become of national importance, therefore, Parliament should make law on that. On the passing of such a resolution, it becomes lawful for Parliament to make laws with respect to that matter for the whole or any part of India for a period of one year.

2. The second exclusive power of the Rajya Sabha. is connected with the setting up of All India Services. Under Article 312, the Rajya Sabha by passing a resolution by two-thirds majority of the members present and voting can set up All India Service.

From the above discussion it is clear that the Lok Sabha is more powerful than the Rajya Sabha. And he who holds the purse, holds the power. Likewise, the Council of Ministers can be removed from office by the Lok Sabha only. The Lok Sabha is thus the King- maker. It was the intention of the makers of the costitution to make the Lok Sabha more powerful than the Rajya Sabha because it is in accordance with the theory and practice of Parliamentary system of Government.

Question 2.
Discuss the powers and functions of Indian Parliament.
Or
Discuss financial and judicial functions of Parliament.
Answer:
The Indian Parliament has been given several types of powers. The powers of Parliament include law-making or legislation, financial, executive and judicial powers.
1. Legislative Powers:
The Parliament has the right to frame laws for the whole of the country. It can frame laws on the subjects mentioned in the Union list and concurrent list. Under certain special circumstances the Parliament gets the right to frame laws on the subjects mentioned in the State list. The Parliament frames laws on State subjects for union territories. The Rajya Sabha can transfer a State subject in favour of the centre for the purpose of making laws.

In case of the proclamation of emergency by the President, the Parliament can legislate on State subjects. The Residuary powers are under the control of the central government and so Parliament frames laws on all the residuary subjects. The bill is sent to the President after it is passed by both the Houses. Excepting the money bills he can give his assent and make use of his veto powers. If the Parliament passes that bill for second time then the President is bound to give his assent to that bill.

2. Financial Powers:
The Parliament controls the finances of the State. The government places the budget before the start of the financial year. The Parliament discusses the budget and gives its assent to the bill. The government can neither impose any tax upon the public nor can it spend the money without the approval of the Parliament. The President will have to give his assent to the money bill passed by the Parliament.

3. Control over the Executive:
The Parliament controls the Executive in the following ways:
(i) The Prime Minister and the other ministers are taken from the Parliament and after becoming ministers, they remain the members of the Parliament. They participate in the meetings of the Parliament.

(ii) The ministers are responsible to the Parliament for their actions and policies.

(iii) The members of the Parliament can ask the ministers questions regarding the functioning of the administration. The ministers are to give a satisfactory reply to all these questions.

(iv) The members of the Parliament by introducing ‘Adjournment Motion’ can invite the attention of the government to a serious problem or event.

(v) During discusion on budget the members of the Parliament discuss the working of different departments of the government and criticise the policies of the government.

(vi) The Cabinet continues to remain in office according to the wishes of the Lok Sabha. It can seek the removal of the Cabinet by passing a no-confidence motion against or by rejecting an important government bill or by passing a resolution for reducing the salary of a particular minister.

4. Judicial Powers:
The Parliament exercises some judicial powers also:

• The Parliament can remove the President from office through impeachment.
• The Parliament can also remove the Vice-President from office.
• The Parliament can remove the judges of the High Court and Supreme Court by passing a resolution to that effect.

5. Electoral Powers:

• The elected members of the parliament participate in the election of the President.
• The Vice President is elected by the members of both the Houses of the Parliament.

6. Amendment of the Constitution:
It is the Parliament which can initiate a resolution for the amendment of the Constitution. Some provisions of the Constitution can be amended only by the Parliament. In some important matters the amendment proposals after being passed by the Parliament are to be sent for the approval of legislatures of the States. The States cannot introduce a resolution of amendment of the Constitution.

Position of the Parliament:
The Indian Parliament enjoys vast powers and it is a very important insitution. It represents the entire nation. The Laws framed by it are enforced in the whole of the State. But the Indian Parliament is not a supreme and sovereign body.The Indian Parliament is less powerful than the British Parliament. The sovereignty of the British Parliament is a well known fact.

The British Parliament can make, repeal, amend and abolish, any law it likes. But the Indian Parliament cannot make all the laws it likes. The reason for this is that in England there is unitary type of government and all powers are with the Centre, but in Indian there is a federal type of government and the powers have been distributed between ttie Centre and the States. Indian Parliament cannot be called a Supreme and sovereign body due to reasons given ahead:

1. The powers in India are distributed between the Centre and the State and the Parliament cannot frame laws on the subjects mentioned in the State list during peace time.
2. The Parliament cannot make any law which violates the fundamental rights of the people?
3. The Parliament cannot amend the Constitution independently.
4. The Constitution is considered the supreme law of the land. The Parliament can do nothing against it.
5. The judiciary has the power of Judicial review over the laws framed by the Parliament. The Supreme Court of India can declare a law null and void if it is against the provisions of the Constitution.

Question 3.
Discuss the composition, functions and powers of Rajya Sabha in India.
Answer:
The legislative powers of the Union have been vested in the parliament. The Parliament consists of two Houses-the Rajya Sabha and the Lok Sabha.
The members of the Lok Sabha are directly elected by the people. Hence, it is a national House or the popular House. The members of the Rajya Sabha are elected by the members of the Legislative Assemblies of the States. Hence its name is the Council of States.

Composition:
According to the constitution the maximum strength of the Rajya Sabha has been put at 250 members. Out of 250 members 12 members are nominated by the President. These members shall consist of persons having special knowledge of practical experience in literature, science, art and social service. The remaining 238 members represent the States and the Union Territories.

The representatives of the States are elected by the Elected members of their Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote. The method of election is, accordingly, indirect. In the case of Union Territories members are chosen in such a manner as Parliament may by law determine.

Though the Indian Constitution establishes a federal polity, yet the federating units (State) have not been given equal representation in the Rajya Sabha, Representation of the States is on the basis of population. At present the Rajya Sabha has 245 mambers. Out of 245 members, 233 members represent the States and Union Territories and the remaining 12 members have been nominated by the president.

Term:
Like the Senate of the U.S.A.; the Rajya Sabha is a permanent House. It is not subject to dissolution. Members of the Rajya Sabha are elected for six years, one-third members retiring after every two years.

Qualifications for the members of the Rajya Sabha. A candidate for election to the Rajya Sabha must possess the following qualifications:

1. He must be a citizen of India.
2. He must have completed 30 years of age.
3. He must be a parliamentary elector in the State from which he is seeking election and must have been residing in the state for the last six months.
4. He must possess such other qualifications as parliament may by law prescribe.
5. He must make and subscribe before some person authorised on that behalf by the Election Commission an oath or affirmation asserting his allegiance to the Constitution of India.

Disqualification for Membership:
A person is disqualified from being chosen a member of the Rajya Sabha if he holds any office of profit under the Government of India or any State Government, or if he is of unsound mind, or if he is an undischarged insolvent, or if he has ceased to be a citizen of India or has voluntarily acquired citizenship of a foreign State, or acknowledged allegiance to a foreign State, or if he is so disqualified under any law made by the Parliament.

A person cannot be a member of both the Houses simultaneously. Nor can he be a member of the Rajya Sabha and a State legislature at the same time. If he incurs any disqualification even after his election, he will have to vacate his seat.

Chairman and Deputy Chairman of the Rajya Sahha:
Like the Vice President of U.S.A., the Indian Vice-President is also the ex- officio Chairman of the Upper House. At present Sh. Venkaiah Naidu is the Chairman of Rajya Sabha. The Rajya Sabha elects a Deputy Chairman from among its own members and he presides in the absence of the Chairman or during the period when the Vice-President is discharging the function of the President. The Deputy Chairman is a member of the Rajya Sabha and he is to vacate the office if he ceases to be its member. On 9th August, 2018 Sh. Harivansh Narayan Singh, candidate of N.D.A. was elected as the Vice-Chairman of Rajya Sabha.

Quorum:
According to 42nd Amendment until parliament by law otherwise provides the quorum to constitute a meeting of either House of Parliamnet is one-tenth of the total number of members of the House. If at any time during a meeting of a House there is no quorum, it is the duty of the Chairman either to adjourn the House or to suspend the meeting until there is a quorum.

Powers And Functions Of The Rajya Sabha:
The Rajya Sabha performs a variety of functions. They may be discussed under the following heads:
1. Legislative Powers:
The Rajya Sabha is an integral part of the Indian Parliament. Since the main responsibility of the Parliament is to make laws, hence the Rajya Sabha takes part in the making of laws. Except Money Bills, all bills can originate in the Rajya Sabha. No Bill can become a law unless agreed to by both the Houses. The Lok Sabha by itself cannot pass a Bill and send it to the President for his assent.

In case of disagreement between the two Houses on a Bill or on the amendments made in the Bill, the President has been empowered to summon a joint meeting of the two Houses for the purpose of deliberating and voting on the Bill; At a joint sitting questions are decided by a majority of the members of both houses present and voting. A decision taken at a joint sitting shall mean the decision of both Houses. At the time of the joint sitting the Speaker of the Lok Sabha presides.

The President can also summon the joint sitting when a Bill passed by one House is not considered by the other House for six months. For the purpose of summoning the joint sitting it does not matter whether the Bill was introduced first in the Lok Sabha or the Rajya Sabha.

2. Financial Powers:
In financial matters, it is the Lok Sabha which enjoys a pre-eminent position. The Rajya Sabha has not been given any susbstantial power with regard to finance. No Money Bill or Financial Bill can first be introduced in the Rajya Sabha. It is the privilege of the Lok Sabha to pass the Money Bill first and send it to the Rajya Sabha for its recommendation. It should be noted that the Bill is transmitted to the Rajya Sabha for its recommendation and not for its aproval. In America, the Money Bill must be approved by the Senate. It is not so in India.

The Rajya Sabha can make amendments in the Money Bill, it may even rejected the Money Bill. It has no effect on the Bill. The Lok Sabha is not bound to accept the recommendations made by the Rajya Sabha. In case the Lok Sabha rejects the recommendations of the Rajya Sabha, the Bill is deemed to have been pased by both Houses in the form in which it was passed by the Lok Sabha. Likewise if the Rajya Sabha does not return the Money Bill to the Lok Sabha within 14 days, it will be considered to have been passed by both Houses in the form in which it was passed by the Lok Sabha. Thus, the Lok Sabha possesses complete control over the purse of the nation.

3. Control over Executive:
The Rajya Sabha does not control Excecutive as the Constitution makes the Council of Ministers collectively responsible to the Lok Sabha. But this does not mean that the Rajya Sabha can exert no influence over the Executive. Some of the Ministers are taken from the Rajya Sabha. The members of the Rajya Sabha have the right to ask questions and supplementary questions from the Ministers. They can elicit information about the actions of Government and can move resolutions impressing on the Government the desirability of pursuing a particular line of policy.

As said, the Council of Ministers can be ousted from office by the Lok Sabha only. The Rajya Sabha can condemn the Government but it cannot kick the Government out of office.

4. Judicial Powers:
Like the Upper Houses in other countries, the Rajya Sabha has also been vested with some judicial functions. The President can be removed from office by the process of impeachment. A resolution to impeach the President may be moved in any House of Parliament. Such a resolution has to be pased by both the Houses separately by at least 2/3rd majority of the total membership of the house. Clearly, the Rajya Sabha enjoys co-equal powers with the Lok Sabha in the process of impeachment of the President.

In the removal of the Vice-Presidnet, a resolution to that effect can be moved in the Rajya Sabha only. But the Lok Sabha must agree with that resolution if the Vice-President is to be removed from the office. Likewise, it has identical powers with the Lok Sabha in the matter of removal of a judge of the Supreme Court or a High Court.

5. Constituent Powers:
The Rajya Sabha exercises constituent functions along with the Lok Sabha. A Bill to amend the Constitution may originate in either House of Parliament. And the Bill amending the Csonstitution is required to be pased in each House by a majority of its total membership and by a majority of two-third of its members present and voting. The Cosntitution is silent on how to resolve a dead-lock between the two . Houses.

6. Miscellaneous Powers:
The miscellaneous functions of the Rajya Sabha are:
(i) The elected members of the Rajya Sabha take part in the election of the President.

(ii) All the members (elected and nominated both) of the Rajya Sabha take part in the election of the Vice-President.

(iii) The reports of all the Commissions appointed by the President are considered both by the Rajya Sabha and the Lok Sabha.

(iv) The approval of the Rajya Sabha is necessary for the continuance of the proclamation of emergency.

(v) Every order made by the president suspending the enformcement of Fundamental Rights is required to be laid before each House of Parliament.

(vi) Agreement of the Rajya Sabha is necessary if action is to be taken against the Chief Election Commissioner, Comptroller General and the members of the Union Public Service Commission.

(vii) In granting amnesty, the Rajya Sabha has equal power with the Lok Sabha. Special Powers of the Rajya Sabha. Under the constitution, the Rajya Sabha has been vested with two special and exclusive powers. They are:
1. Under Article 249 the Rayja Sabha may declare by resolution, passed by two-third majority of its members present and voting, that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List.

2. Under Article 312 of the Constitution, the Rajya Sabha is empowered to create one or more All-India Services, if the house passes a resolution by not less than two-thirds of the memebrs present and voting that it is neccessary or expedient in the national interest to do so.

Position of the Rajya Sahha:
After having an anylysis of the powers of the Rajya Sabha, it becomes clear that the makers of the Constitution intended it to be less powerful and influential than the Lok Sabha. In matters of ordinary legislation, it cannot prove to be an obstacle in the way of the Lok Sabha because of its half of strength of the Lok Sabha. At the most it can delay an oridnary bill for six months. It has absolutely no control over the purse of the nation.

Money Bills first originate in the Lok Sabha and then are transmitted to the Rajya Sabha for its recommendations. The Lok Sabha may not agree with the recommendations made by the Rajya Sabha. The Rajya Sabha can delay a Money Bill for 14 days only. There can be no joint sitting of the two Houses in case of disagreement on a Money Bill. Then the privilege to remove the Government from office belongs to the Lok Sabha only. The Rajya Sabha can denounce the Government but it cannot dislodge the Government. In certain repsects it is weaker than the House of Lords even. In the opinion of certain critics, the Rajya Sabha is only a Secondary Chamber.

All this, however, is not to suggest that the Rajya Sabha is only an appendage of the Lok Sabha. It is definitely more powerful than the British House of Lords and the Senate of Canada. While in certain matters it has co-equal powers with the Lok Sabha, in two cases it has exclusive powers as well. It has reacted very strongly whenever the Lok Sabha made an attack upon its privileges. In 1954, much excitement was caused in the Rajya Sabha by an alleged observation made in the Lok Sabha by N.C. Chatterjee that “The Upper House, which is suposed to be a body of elders, seems to be behaving irresponsibly like a pack of urchins.”

According to Morris Jones, “It has three outweighing merits, it supplies additional political positions for which there is demand, it provides some additonal debating opportunities for which there is occasional need and it assists in the solution of legislative limited problems.”

Question 4.
Describe the composition and powers of the Lok Sabha. Is there any limitation to its authority?
Or
Discuss the Composition and Functions of Lok Sabha.
Answer:
Lok Sabha is the Lower House of Parliament. It is a popular House because it represents the nation at large. It is not only popular but a powerful House as well. It is the pivot of all political activities.

Composition:
Accroding to the 31st Amendment, the maximum strength of the Lok Sabha has been put at 547 members. But accroding to Goa, Daman and Diu Reorganisation Act 1987 maximum elected memebrs of the Lok Sabha can be 550. The President can appoint two Anglo-IndiAnswer: At present Lok Sabha consists of 543 members. 530 members are elected members from the States and the Union Territories and two are nominated by the President.

Election:
The members of the Lok Sabha are elected directly by the people. Every citizen of India of not less than 18 years has the right to vote provided, of course, he or she is not otherwise disqualified on grounds of unsoundness of mind, crime or corrupt or illegal practice. The voting is by secret ballot. Normally one member represents a population between 5 to 7 1/2 lakhs. As per Constitution, there shall be allotted to each State a number of seats in Lok Sabha in such a manner that the ratio between the population of the State as far as practicable, is same for all the Staes.

Each State shall be devided into territorial Constituencies in such a manner that the ratio between the population of each constituency and number of seats allotted to it, as far as practicable, is the same throughout the State. Though the system of separate communal electorate has been abolished yet the Constitution reserves certain seats for Scheduled Castes and Schedules Tribes. This reservation shall be vaild till 2020 because the term has been extended by amending the Constitution.

Term:
The life of the Lok Sabha is five years. All the members are chosen at one and at the same time. Unlike the election to the Rajya Sabha where l/3rd members retire every two years, all the members of the Lok Sabha are elected for a period of five years. However, the President can dissolve the Lok Sabha even before the expiry of its term, i.e. five years. On 26th April, 1999 the President dissolved the Lok Sabha on the advice of Prime Minister Atal Behari Vajpayee. Thus the tenure of 12th Lok Sabha was 13 months only.

Qualification:
To be qualified for election to the Lok Sabha, a person must possess the following qualifications:
1. He must be a citizen of India.

2. He must have completed 25 years of age.

3. He must not hold any office of profit under the Government of India or the Government of any State.

4. He must possess such other qualifications as may be prescribed by the Parliament.

5. No person can be a member of both Houses of Parliament. In case he becomes, he must vacate one of the two seats. Likewise, one person cannot be a member of a House of Parliament and of a State Lsegislature simultaneously.

6. A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he is of unsound mind and stands so declared by a competent court: if he is an undischarged insolvent; if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State or is under an acknowledgement of allegiance or adherence to a foreign State or if he is so disqualified by or under any law made by Parliament.

Quorum:
For a meeting of the Lok Sabha the presence of at least 1/lQth of its total members is essential. If at any time during meeting of a House there is no quorum, it is the duty of the Chairman either to adjourn the House or to suspend the meeting until there is a quorum.

Speaker:
The speaker is the presiding officer of the Lok Sabha. He is elected by the members of the Lok Sabha from among themselves. The Speaker presides over the meetings of the House; maintains order in the House and conducts the business of the House in accordance with the Rules of the House. The Constitution also provides for the office of the Deputy Speaker. He too is the member of the House and is elected by the members of the Lok Sabha from among themselves. The Deputy Speaker performs the duties of the speaker when the latter is absent or while the office of the Speaker is vacant.

Privileges:
Members of the Lok Sabha enjoy certain privileges:

• Members have full freedom of speech in the House. No case can be started against a member for a speech given in the House.
• Members cannot be arrested in any civil suit before 40 days of the beginning of the session.
• During the session, members can be arrested in criminal cases only but information must be given to the speaker.
• Members get a monthly salary and many other allowances.

Powers Of The Lok Sabha:
1. Legislative Powers:
Any type of bill can be introduced in the Lok Sabha. Laws in it, can be framed on any subject given on the Union list and the concurrent list. The Rajya Sabha can transfer any subject on the State List by passing a resolution in favour of the Centre and Lok Sabha can pass a law on the subject. Rajya Sabha can transfer a subject only in case of national importance. After the bill is passed by the Lok Sabha, it is sent to the Rajya Sabha and it can delay the bill at the most for 6 months.

If the Rajya Sabha rejects the bill or does not take any action over it for a period of six months, a joint session of the two Houses of the Parliament is called and the majority vote decides the bill. As the number of the members of the Lok Sabha is larger than that of the Rajya Sabha, so the Lok Sabha can get the bills passed according to its own wishes.

2. Financial Powers:
The Lok Sabha controls the finances of the State. A money bill can only be introduced in the Lok Sabha and not in the Rajya Sabha. If there is a difference of opinion whether a particular bill is a money bill or a non-money bill, the decision of the speaker of the Lok Sabha will be final. After a money bill is passed by the Lok Sabha, it is sent to the Rajya Sabha. The Rajya Sabha can delay the passage of a money bill at the most for 14 days. The Rajya Sabha may reject the bill or may not take any action over the bill for a period of 14 days, in both these conditions the bill will be considered as passed. It will be sent to the President and he gives his assent to the bill. The President cannot use his veto power in case of money bill.

3. Control over the executive:
It is the Lok Sabha which controls the executive. The leader of the majority party in the Lok Sabha is the Prime Minister of the country. Most of the ministers are also taken from the Lok Sabha. The Cabinet is responsible to the Lok Sabha for all its actions and policies. The members of the Lok Sabha ask the ministers questions and supplementary questions and they are to answer these questions. The members of the Lok Sabha can criticise the functiuoning of the Cabinet. If the Lok Sabha passes a vote of no-confidence against the Cabinet, the Cabinet will have to resign. The Cabinet remains in office so long as it is supported by the majority of the members of the House.

4. Judicial Powers:
The Lok Sabha can start impeachment proceedings against the President of India. It investigates into the charges levelled against the Vice-President and gives its decision. It along with the Rajya Sabha passes a resolution for the removal of the judges from the High Court or the Supreme Court.

5. Electoral Functions:
The Lok Sabha participates in the election of the President. It has also the right to participate in the election of the Vice-President. The Lok Sabha elects a Speaker and a Deputy Speaker from amongst its members.

6. Amendment in the Constitution:
The resolution for amending the Constitution can be introduced in the Lok Sabha. In this field it enjoys equal powers with the Rajya Sabha.

Position Of The Lok Sabha:
Lok Sabha is the lower Chamber of the Parliament. Almost all its members are elected by the people. This Chamber is more important than the Rajya Sabha because it represents the nation. The Lok Sabha controls the ordinary and the money bills. No bill can be passed against the wishes of the Lok Sabha. The Lok Sabha has also control over the Cabinet. The Lok Sabha can remove the Cabinet by passing a vote of no-confidence’ or by rejecting the budget. The Lok Sabha is the most powerful, influential and an important part of the Parliament. In fact it is the Lok Sabha which exercises all the powers of the Parliament.

Question 5.
Discuss the election, powers and functions of the Speaker of the Lok Sabha.
Or
Discuss the functions of the Speaker of the Lok Sabha.
Or
Write a short note on the Speaker of the Lok Sabha.
Answer:
The Lok Sabha is presided over by the Speaker who is elected by the House from among its own members. The Speaker’s office is one of much dignity, honor and power. He enjoys supreme authority on the floor of the House. In order of precedence of the state, he ranks seventh and enjoys a status equal to that of the Chief Justice of India. In the absence of the Speaker or when the office of the Speaker is vacant the Deputy Speaker discharges the functions of the Speaker.

Election:
The Speaker of the Lok Sabha is elected by the members of the Lok Sabha. The Speaker must necessarily be a member of the Lok Sabha. The primary function of the newly-elected Lok Sabha is to elect a Speaker and a Deputy Speaker. The Speaker is elected by a simple majority which in reality means, by the party in power. But in practice Prime Minister, after consultations with the leaders of the opposition parties, decides a name for speakership.

Generally the speaker is taken from the ruling party while deputy speaker is taken from the opposition parties. On 22nd Oct, 1999, Mr. Ganti Mohan Chandra Balayogi of the Telugu Desam party backed by BJP and its allies was elected the speaker of Lok Sabha unanimously. On 19th June 2019. Sh. Om Birla, a senior leader of B.J.P. was elected the speaker of Lok Sabha unanimously.

Term of Office:
Normally, the Speaker is elected for a period of five years. However, he continues in office until a new Speaker is elected by the new House. The Speaker does not vacate his office even when the House is dissolved. The Speaker has to vacate his office if he ceases to be a member of the House. He can be elected to this office for the second time also. The Speaker can resign his office at any time. He can also be removed from his office by a resolution passed by a majority of all members on the roll of the Lok Sabha.

Fourteen days’ notice for moving such a resolution is required to be given. The Speaker cannot preside over a meeting of the House when the House is considering the resolution of his removal. He has, however, the right to sit in the House and defend himself. He has the right to vote also.

Salary and Allowances:
The salary and allowances of the Speaker are determined by the Parliament, and these are charged on the Consolidated Fund of India. These cannot be varied to his disadvantage during his term of office.

Powers and Functions of the Speaker:
The Speaker performs various functions and enjoys wide powers drawn partly from the Constitution and partly from the Rules of Procedure and Conduct of Business in Parliament, 1950: Following are the functions of the Speaker:

1. In consultation with the Leader of the House, he determines the order of business and the time to be allotted to the debates on the address of the President. He also prescribes the form in which amendments may be moved-to the motion of thanks to the address of the President.

2. He allows members to ask questions. He has also the power to disallow questions in case they are not in conformity with the Rules of the House.

3. Adjournment motions are moved with his consent. He also prescribes the time-limit for speeches on the motion.

4. The Speaker may allow the publication of a Bill in the Gazette of India upon a request from a member initiating the Bill even before the motion for leave to introduce the Bill has been made. In such a case it does not remain necessary to ask for leave of the House to introduce the Bill.

5. His consent is necessary for a motion to adjourn the debate on a bill.

6. He appoints the Chairman of the Select Committees. He himself is ex-officer Chairman of some vital Committees, such as Rules Committee, the Business Advisory Committee and the General Purpose Committee.

7. He allots time for the discussion on Budget.

8. He is the channel of communication between the President and the Parliament.

9. He decides about the admissibility of a motion in the House.

10. No member can address the House without his permission. He is also to see that no member makes an irrelevant speech and thereby wastes the time of the House.

11. All members have to address the chair, they cannot address each other.

12. If any member raises any point of order, it is for the Speaker to give his own ruling and his ruling is final and binding on all. No member can challenge his ruling.

13. He preserves order in the House. If the situation goes out of control he can adjourn or suspend the meeting of the House.

14. In case he finds the conduct of a member disorderly, he can order him to leave the House.

15. If a member disregards his authority in spite of warning, he can name him for suspension. In case a member does not leave the
House on the order of the Speaker, the Speaker can ask the Watch and Ward Staff to lift him bodily and remove him from the House.

16. He exercises control over the Visitors Gallery. It is he who regulates the admission of outsiders into the House. He can ask them to leave the House.

17. He puts questions to vote and announces the results.

18. He can order the expunging of a word or words used in debate from the proceedings of the House.

19. The Speaker conducts the business of the House. However, he cannot preside over the meeting of the House when the House is considering the resolution of the removal of the Speaker from office. But he has the right to sit, take part in the proceedings and defend himself. He has the right to vote also but he has no casting vote then.

20. Business of the Lok Sabha is valid only when the quorum of the House is complete. It is for the Speaker to see whether quorum is complete or not. If he finds that there is no quorum, he can suspend the business of the House till the required quorum is complete.

21. The Speaker is the guardian of the privileges of the members of Lok Sabha. He can insist that action must be taken against any one guilty of violating the privileges of the members of the House.

22. The Speaker is the custodian of the dignity of the House.

23. Before sending a Bill to Rajya Sabha or the President, he signs the Bill as a token of having been passed by the Lok Sabha.

24. It is for the Speaker to certify whether a particular Bill is a money-bill or not and his certificate is final on the point.

25. The Speaker has no right to vote in the first instance but he has the right to vote in case of a tie.

26. When the Speaker rises, others must sit down and must not leave when he addresses the House.

27. In case of a joint meeting of both the Houses on a disputed Bill, the Speaker of the Lok Sabha presides.

28. The Speaker represents the House and not the Government. For him the humblest back-bencher is no less than a Member and the greatest Minister is no more than a Member. He protects the members from the high-handedness of the Government. The Speaker can pull the Ministers up whenever answers given by them are not clear, adequate or deliberately postponed for no valid reason.

29. The Speaker also performs some important administrative functions. The Secretariat Staff of the Lok Sabha works directly under him.

Position of the Speaker:
The office of the Speaker is one of honour, dignity and authority. He presides over a House which is the pivot of all political activity. He symbolises the House and his authority. In the words of G. V. Mavlankar, “He is supreme in the House.” According to former Speaker Shri Hukam Singh, “Speaker is one of the highest offices in the land.” Shri L. K. Advani said in March 1977 that the Speaker or Chairman is an institution by himself.

In the Order of Precedence he is placed seventh and is bracketed with the Chief Justice of India. He interprets the Rules of the House and his ruling is final. Till today, the office of the Speaker has been occupied by very capable and illustrious personalities. They have enhanced the prestige of the Office. Shri G. V. Mavlankar was the first Speaker of the Lok Sabha.

According to late Pandit Nehru, “The Speaker represents the House, the freedom of the House, and because the House represents the nation, in a particular way, the Speaker becomes the symbol of the nation’s freedom and liberty. Therefore, it is right that his should be an honoured positon; a free position and should be occupied always by men of outstanding ability and impartiality.”

Question 6.
What are the different stages through which the budget passes? Discuss.
Or
Discuss the financial procedure allowed in the Indian Parliament.
Answer:
The Budget is known as the Annual Financial Statement. The Constitution provides that the President shall, in respect of every financial year, cause to be laid before both the Houses of Parliament a statement of the estimated receipts and expenditures of the Government of India for that year. “The President gets the Budget presented through the Finance Minister. The Budget shows the estimated receipts and expenditure for the ensuing year and is, thus the most important financial document.

In India the Budget is presented to the Parliament in two parts ; the Railway Budget and the General Budget. The Railway Budget deals exclusively with the income and expenditure relating to Railways. It is presented to Parliament by the Minister for Railways. The General Budget deals with the estimate of revenues and expenditure relating to all other Union Ministers and is presented by the Finance Minister. The two Budgets, however, are similar in form and are passed in the same manner.

The General Budget consists of the two parts-one of dealing with the expenditure and the other with the income side of the Union finances. The expenditure embodied in this Budget is divided into two parts:

• Expenditure charged on the Consolidated Fund of India and
• Other Expenditure. The expenditure charged on the Consolidated Fund of India is non-volatile. Either House of Parliament can discuss it but not vote on it.

The other expenditure is submitted in the form of demand for grants to the Lok Sabha. The Lok Sabha may assent or refuse to assent any demand or suggest reduction of the amount specified therein. It is voteable. The Lok Sabha cannot, however, suggest increase in the demand for grants. It is so because no demand for grant can be made except on the recommendation of the President.

Stages in Financial Legislation:
The Budget is presented to the Lok Sabha with the Budget Speech of the Finance Minister. The Budget Speech is one of the most important speeches made in Parliament. In his speech, the Finance Minister sums up the general positon of the country and outlines the economic and fiscal policy of the Government for the ensuing year.

Like ordinary bills, the Budget has also to pass through five stages. They are
1. introduction or presentation,
2. general discussion,
3. voting of demands,
4. consideration and passing of the Appropriation Bill and
5. consideraton and passing of the taxation proposals embodied in the Finance Bill.

1. Introduction of Budget in the Parliament:
It is the constitutional duty of the President to get the Budget prepared and cause to be laid before Parliament. The Budget is presented to the Lok Sabha by the Finance Minister with a speech known as the Budget Speech. The Budget Speech is a survey of the financial position of the country and the economic policy of the Government for the ensuing year. The copies of the Budget, thereafter, are printed and circulated amongst members. The Budget contains the estimates of receipt and expenditure. There can be no discussion on the Budget the day it is presented.

2. General Discussion on the Budget:
After the presentation of the Budget, its printed copies are circulated among members. Generally after three days a general discussion on the Budget is held. The general debate on the Budget is spread over three or four days. It is customary that the leaders of the Opposition initiate the discussion.

But at this stage the Houses discuss the Budget as a whole and any question of principle involved in it. No discussion of details is in order and no cut motions are allowed at this stage This stage also provides an opportunity for the discussion of the non-votage expenditure” charged on the Consolidated Fund of India.”

The debate offers an occasion for a general service of the administration and for ventilation of grievances. In the words of Morris-Jones: “It is an occasion on which each House is able to express its mood and the Government may learn how a particular proposal will be received in the subsequent stage.” This stage is, thus, an expression of the mood of the House. No vote is taken at this stage.

3. Voting of DemandL:
After the completion of general discussion on the Budget, the way is clear for the business of voting the grants. The voting of demands or grants is the exclusive privilege of the Lok Sabha. The Rajya Sabha has no share in it. The ‘demands’ are related to the ‘expenditure’ part of the Budget. They are in the nature of requests made by the Executive to the Lok Sabha for grant of outhority to spend the amounts asked for in order to run the administration.

Lok Sabha has the following powers in respect of each demand:

• to assent to the i demand; or
• to refuse it; or
• to reduce it.

The Lok Sabha has no power to increase a demand because no demand for grant can be moved except on the i recommendation of the President.

4. Appropriation Bill:
When all demands for grants have been voted by the Lok Sabha, they are put together and along with charges of the Consolidated fund,
incorporated into what is known as the Appropriation Bill. The Appropriation bill is presented to the Lok Sabha and is passed in the same manner as any other Bill. The debate on the Bill is restricted to those points only which have not been discussed during the debates on estimates. No amendments to the grants as voted by the Lok Sabha previously or to the charges on the Consolidated Fund are followed. The allotment of time for the different stages of the Bill is determined by ! the Speaker. It does not take long for the Lok Sabha to pass the Appropriation Bin.

When the Appropriation Bill has been pssed by the Lok Sabha, it is certified by the Speaker as a Money Bill and is transmitted to the Rajya Sabha for its recommendations. It is open to the Lok Sabha to accept or reject the recommendation made by the Rajya Sabha. The Rajya Sabha has to return the ‘ Money Bill, with or without amendment, within 14 days of the receipt of the Bill.

In case the Lok Sabha does not agree with the recommendations of the Rajya Sabha or if the Rajya Sabha does not return the Bill within 14 days, it is deemed to have been passed by both the Houses in the form in which it was passed by the Lok Sabha. It is then sent to the President for his assent. The President must give his assent to the Money Bill. He can neither withhold his assent nor can he send the Bill back for reconsideration. The Appropriation Act authorises the Government to spend money as authorised in the Act. Without such an authority the Government cannot incur an expenditure.

5. Finance Bill:
A Finance Bill is that which embodies all the taxation proposals of the Government for the ensuring year. While the Appropriation Act authorises the Government to spend money as authorised in the Act, the Finance Bill deals with the legislation which authorises the raising of Funds through taxation as embodied in the financial proposals of the year. The Finance Bill has to go through three readings and the procedure followed is that of a Money Bill. The discussion of the Finance pill in the second reading is confined to general principles.

It is only in the Select Committee that the Bill is considered in details and amendments are moved. Clause by clause consideration of the Bill follows after the presentation of the Committee Report. There is one important difference between the Report Stage of Finance Bill and that of the Appropriation Bill. In the case of Appropriation Bill, no amendments can be moved. In that of the Finance Bill amendments seeking to reject or reduce a tax can be moved. Sometimes the Cabinet voluntarily agrees with the opposition in the reduction of a tax. But if a cut motion is carried against the opposition of the Government, it means a lack of confidence in the Government. In that case the Government has to resign.

As soon as the Finance Bill is passed by the Lok Sabha, it is certified by the Speaker as Money Bill and is sent to the Rajya Sabha for its recommendations. The Rajya Sabha has to return the Finance Bill, with or without recommendations within 14 days. The Lok Sabha may or may not agree with the recommendations made by the Rajya Sabha. After the expiry of 14 days the Finance Bill is sent to the President for his assent. He cannot refuse his assent.

Question 7.
How does a bill become an Act in the Indian Parliament?
Or
Describe the various stages through which the budget passes. Discuss.
Answer:
What is a Bill? The Parliament frames laws for the country. Any member of the House can introduce a resolution for the purpose of making a law. That resolution is to be introduced in the House in a special form and the resolution which is placed before the House in a special form is called a bill. Hence, the resolutions which are introduced in the Parliament for the purpose of making laws or changing old laws or amending the Constitution are called bills. The bill is passed by both the Houses and then it is sent to the President for his assent, and then it becomes a law. But before the Bill becomes a law, it is to pass through so many stages.

Kinds of Bill:
The Constitution divides Bills into two categories i.e., Money Bills and Non- Money Bills. The bills which are introduced in the Parliament by the ministers are called government bills. The bills which are introduced in the House by ordinary members of the House are called Private Members’ bills. Government bills are of two types, money bills and ordinary bills. A money bill is concerned with the imposition of taxes and the expenditure of amount thus collected.

The bill is to pass through so many stages before it becomes a law. The bill is discussed and debated thoroughly in these stages. These stages are mentioned as follows:
1. Introduction of the Bill:
An ordinary bill can be introduced in any House and by any member of the House. But a member can introduce the bill in the same House of which he is a member. The mover of the bill is to give a notice to this effect a month earlier. The admission of the notice brings a particular bill in the agenda or ‘the order of the day’.

There is no need for the ministers to give a month’s notice for the purpose. The agenda of the House or the programme of the House is prepared by the Cabinet and they can fix the date of the introduction of their bills. Money Bills can only be introduced in the Lok Sabha and not in the Rajya Sabha. Money Bills can only be introduced by the ministers and not by the ordinary members of the House.

On the fixed date the mover of the bills seeks the permission of the House for moving the bill and it is very much a formality. On getting the permission of the House he only reads the title of the bill. After this he gives a copy of the bill to the clerk of the House. It is called the introduction of the bill. The bill is sent to the Gazette of India for publication and its copies are distributed among the members of the House. The government bills can be published in the Government Gazette even without introducing them in the House and this method has been generally adopted.

2. First Reading:
After the introduction there is a first reading of the bill. Sometimes there is a first reading of the bill just after the introductory stage. Sometimes another date is fixed for the first reading of the bill. On the fixed date the mover of the bill stands up at his place and requests that the bill should be read for the first time. On getting permission of the House he explains the main principles and objectes of the bill.

After this other members of the House express their opinions in favour of and against the bill. The bill at this stage is not debated and discussed in detail, only the objects and the main principles involved are discussed. Then the mover of the bill puts a resolution that the bill be sent to a Select Committee. Three decisions can be taken on such a resolution:

• The bill should be sent to a Select Committee for giving its report on the bill.
• The bill should be sent to the press and states for propaganda and public opinion should be elicited. The people send their views in favour or against the bill to the Parliament.
• If the majority is opposed to the bill, it is dropped. Most of the bills of private members are rejected at this stage, if they are not supported by the Cabinet.

3. Select Committee:
If the bill is not rejected in the first reading, it is sent to a Select Committee. The committee consists of 20 to 30 members which are taken from among members of the House. The bill which is published for eliciting public opinion is also sent to the Select Committee. The members of the Select Committee discuss the bill in detail and debate the merits and demerits of the bill. The Committee can suggest amendments in the provisions of clauses of the bill.

After discussing the bill thoroughly the committee prepares its report in favour of or against the bill or suggests some amendments in the bill. While preparing the report the committee takes into consideration public opinion also. Then the committee sends its report to the House.

4. Second Reading:
A day is fixed for discussing the report of the Select Committee on the bill. The mover of the bill on the fixed date requests the House that the report of the Select Committee on the bill may be discussed. The House discusses the bill in detail. The bill is discussed clause by clause and item by item. The views of the Select Committee on all clauses are discussed. The members of the Houses can suggest amendments in the bill. After the bill is seriously discussed the opinion of the House is sought on each clause and amendment proposals are also put to vote. The bill is passed according to the viewpoint of the majority of the members. This stage is very important in the passage of the bill.

5. Third Reading:
After the bill is passed in the second reading, another date is fixed for the third reading of the bill. This is the last stage in the passage of the bill. Like the first stage there is not much of discussion on the bill at this stage also. There is a little chance of the rejection of the bill at this stage. At this stage the proposals for amending the bill cannot be moved. Only proposals for change in the working of the bill can be given. The entire bill is put to vote at this stage and it is either rejected or passed.

Bill in the Second House:
After the bill is passed by one House, it is sent to the second House. It is to pass through all the stages in this House. After the ordinary bill is passed by both the Houses it is sent to the President for his assent. If the two houses differ over a particular bill, a joint meeting of the two Houses is called for and the bill is placed before it. The joint meeting of the two Houses decides the fate of the bill by a majority vote. As the Lok Sabha is a larger body compared with the Rajya Sabha, hence the bill is passed according to the wishes of the Lok Sabha.

The Rajya Sabha can delay the passage of a money bill at the most for 14 days. If the Rajya Sabha rejects the money bill or does not take any action for 14 days, under both these conditions the money bill is considered passed.

Assent of the President. After the bill is passed by both the Houses, it is sent to the President for his assent. The President cannot refuse to give his assent to the money bill. In case of ordinary bill the President can make use of his veto power, that means that the President can refuse to give his assent to the ordinary bills.

However, the President may return a Bill to the Parliament. If the Parliament passes such a bill again, the President cannot withhold his assent to such a bill. The bill becomes an Act when the President gives his assent to it. It can be enforced after the President’s assent has been taken. It is published in the Government Gazette.

Short Answer Type Questions

Question 1.
Explain in brief the composition of the Union Legislature or Parliament.
Answer:
The Union Legislature or the Parliament of India is a bi-cameral legislature. According to Article 79 of the Constitution, there shall be Parliament for the Union which shall consist of President and two houses respectively, known as the Council of the States and the House of the People. Council of the States or the Rajya Sabha is the Upper House of the Parliament.

It can have at the most 250 members in it. This is a permanent house. 1/3 of its members retire after every two years. Lok Sabha is the lower house of the Parliament. It can have at the most 550 elected members. The members of the Lok Sabha are elected for 5 years. The President of India can dissolve the Lok Sabha on the advice of Council of Ministers before the expiry of its term.

Question 2.
Discuss any four features of Indian Parliament.
Answer:

• Indian Parliament is Bi-cameral.
• Upper House of the Parliament is permanent.
• Lower house of the Parliament can be dissolved before its expiry term.
• The membership of both the houses is not equal.

Question 3.
What are the main functions and powers of Parliament?
Answer:
Following are the main functions and powers of the Parliament-

• The Parliament has the power to enact laws for the whole of the country.
• The Parliament controls the Cabinet and Cabinet is responsible to the parliament.
• The Parliament controls the finance of the State and it passes the budget.
• The Parliament formulates national and foreign policies of the country.

Question 4.
Explain the executive powers of the Parliament.
Or
How does Indian Parliament control the executive?
Answer:
The Parliament controls the executive in the following ways:
1. The Prime Minister and the other ministers are taken from the Parliament and after becoming ministers, they remain the members of the Parliament. They participate in the meetings of the Parliament.

2. The ministers are responsible to the Parliament for their actions and policies.

3. The members of the Parliament can ask the ministers questions regarding the functioning of the administration. The ministers are to give satisfactory replies to all these questions.

4. The members of the Parliament by introducing ‘Adjournment Motion’ can invite the attention of the government ti!> a serious problem or event.

5. During discussion on budget the members of the Parliament discuss the working of different departments of the government and criticize the policies of the government.

6. The Cabinet continues to remain in office according to the wishes of the Lok Sabha. It can seek the removal of the Cabinet by passing a no-confidence motion against it or by rejecting an important government bill or by passing a resolution for reducing the salary of a particular minister. The bill is sent to a small committee which discusses the bill in detail and then sends it with amendments, if any. In second reading, there is clause by clause discussion. Then the bill is put to vote. After the bill is passed it is sent to the other House. The bill passes through similar stages in the other House and is then sent to the president for his assent. After his signature the bill becomes an Act.

Question 5.
Discuss the legislative powers of the Parliament.
Answer:
The Parliament has the right to frame laws for the whole of the country. It can frame laws on the subjects mentioned in the Union List and Concurrent List. Under certain special circumstances the Parliament gets the right to frame laws on the subjects mentioned in the State List.

The Parliament frames laws on State subjects for Union Territories. The Rajya Sabha can transfer a State subject in favor of the Centre for the purpose of making laws. In case of the proclamation of emergency by the President, the Parliament can legislate on State subjects. The Residuary powers are under the control of the Central Government and so Parliament frames laws on all the residuary subjects.

Question 6.
Discuss in brief the judicial powers of the Parliament.
Answer:
Following are the judicial powers of the Parliament:

• The Parliament can remove the President from office through impeachment.
• The Parliament can also remove the Vice-President from office.
• The Parliament can remove the judges of the High Courts and the Supreme Court by passing a resolution to that effect.

Question 7.
What are the qualifications to become a member of the Parliament?
Answer:

• He must be a citizen of India.
• He must have completed the age of 25 years in case of Lok Sabha and 30 years in case of Rajya Sabha.
• He must not hold any office of profit.
• He must possess qualifications laid down by the Parliament of India.
• He must not be of unsound mind and should not have been declared disqualified by a competent court.

Question 8.
Write the composition of the Rajya Sabha.
Answer:
According to the constitution the maximum strength of the Rajya Sabha has been put at 250 members. Out of 250 members, 12 members are nominated by the President. These members shall consist of persons having special knowledge or practical experience in literature, science, art and social service.

The remaining 238 members represent the States and the Union Territories. The representatives of the States are elected by the elected members of their Legislative Assemblies in accordance with the system of proportional representation by means of the single transferable vote.

At present the Rajya Sabha has 245 members. Out of 245 members, 233 members represent the states and Union Territories and the remaining 12 members have been nominated by the President.

Question 9.
What are the qualifications of a member of the Rajya Sabha?
Answer:

• He must be a citizen of India.
• He must have completed 30 years of age.
• He must possess such other qualifications as prescribed by the Parliament.
• He must be a parliamentary elector in the state from which he is seeking election and must have been residing in the state for the last six months.
• He should not hold any office of profit under the government of India or any State government.

Question 10.
Mention the powers of the Chairman of the Rajya Sabha.
Answer:
The Indian Vice-President is the ex-officio Chairman of the Rajya Sabha. As Chairman of the Rajya Sabha, he performs the following functions:

• He presides over the meetings of the Rajya Sabha.
• He preserves order in the House. If the situation goes out of control he can adjourn or suspend the meeting of the Rajya Sabha.
• He allows the members to speak.
• As he is not a member of the Rajya Sabha, he is not allowed to vote, but in case of equality of votes he has a casting vote.

Question 11.
Describe the legislative powers of the Rajya Sabha.
Answer:
The Rajya Sabha is an integral part of the Indian Parliament. Since the main responsibility of the Parliament is to make laws, hence the Rajya Sabha takes part in the making of laws. Except Money Bills, all bills can originate in the Rajya Sabha. No Bill can become a law unless agreed to by both the Houses.

In case of disagreement between the two Houses on a Bill or on the amendments made in the Bill, the President has been empowered to summon a joint meeting of the two Houses for the purpose of deliberating and voting on the Bill. At a joint sitting, questions are decided by a majority of the members of both houses present and voting. A decision taken at the joint sitting shall mean the decision of both Houses.

Question 12.
Explain in brief the financial powers of the Rajya Sabha.
Answer:
In financial matters, it is the Lok Sabha which enjoys a pre-eminent position. No Money Bill can first be introduced in the Rajya Sabha. It is the privilege of the Lok Sabha to pass the Money Bill first and send it to the Rajya Sabha. The Lok Sabha is not bound to accept the recommendations made by the Rajya Sabha. In case the Lok Sabha rejects the recommendations of the Rajya Sabha, the Bill is deemed to have been passed by both Houses in the form in which it was passed by the Lok Sabha.

Likewise, if the Rajya Sabha does not return the Money Bill to the Lok Sabha within 14 days, it will be considered to have been passed by both Houses in the form in which it was passed by the Lok Sabha. Thus, the Lok Sabha possesses complete control over the purse of the nation.

Question 13.
Write down the judicial powers of the Rajya Sabha.
Answer:
The Rajya Sabha enjoys co-equal powers with the Lok Sabha in the process of impeachment of the President. In the removal of the Vice-President, a resolution to that effects can be moved in the Rajya Sabha only. But the Lok Sabha must agree with that resolution if the Vice-President is to be removed from the office. Likewise, it has itjentical powers with the Lok Sabha in the matter of removal of a judge of the Supreme Court or a High Court.

Question 14.
Describe the constitutional powers of the Rajya Sabha.
Answer:
The Rajya Sabha exercises constituent functions alongwith the Lok Sabha. A Bill to amend the Constitution may originate in either House of the parliament. And the Bill amending the Constitution is required to be passed in each House by a majority of its total membership and by a majority of two-thirds of its members present and voting. The Constitution is silent on how to resolve a dead-lock between the two Houses.

Question 15.
Mention special powers of the Rajya Sabha.
Answer:
Under the Constitution, the Rajya Sabha has been vested with special powers enumerated in the state list.
1. Under Article 249, the Rajya Sabha may declare by resolution, passed by two- thirds majority of its members present and voting, that it is necessary or expedient in the national interest that the Parliament should make laws with respect to any matter enumerated in the State List.

2. Under Article 312 of the Constitution, the Rajya Sabha is empowered to create one or more All-India Services, if the house passes a resolution by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest to do so.

3. Rajya Sabha alone can initiate the proposal for removing the Vice-President.

Question 16.
What are the previleges of the members of Rajya Sabha?
Answer:
The members of the Rajya Sabha enjoy following previleges:

• The members of the Rajya Sabha enjoy unrestricted freedom to express their views on the floor of the house. No action can be taken against them for the expression of their views.
• The members of the Rajya Sabha can’t be arrested for any civil offence during and 40 days before and after the session.

Question 17.
Describe the organisation of the Lok Sabha.
Answer:
According to the re-organisation of Goa, Daman and Diu Act of 1987 the maximum elected members of the Lok Sabha can’be 550. members. Two members of Anglo-Indian Community can be appointed by the President. At present Lok Sabha consists of 545 members.

Out of 545 members 543 are directly elected by the people. The members of Lok Sabha are elected by single member constituency. The whole country is divided into equal constituencies. Every citizen whose name is on the voter’s list can cast his vote. A candidate getting highest votes is declared elected.

Question 18.
Describe the qualifications to become a member of the Lok Sabha.
Answer:

• He must be a citizen of India.
• He must have completed 25 years of age.
• He must not hold any office of profit under the Government of India or the Government of any State.
• He must possess such other qualifications as may be prescribed by the Parliament.
• No person can be a member of both Houses of Parliament. In case he becomes, he must vacate one of the two seats. Likewise, one person cannot be a member of a House of Parliament and of a State Legislature simultaneously.

Question 19.
How are the members of Lok Sabha elected?
Answer:
The members of the Lok Sabha are elected directly by the people. Every citizen of India of not less than 18 years has the right to vote provided, of course, he or she is not otherwise disqualified on grounds of unsoundness of mind, crime or corrupt or illegal practice. The voting is by secret ballot. Normally one member represents a population between 5 to 714 lakhs.

As per constitution, there shall be allotted to each State a number of seats in Lok Sabha in such a manner that the ratio between the population of the State as far as practicable, is same for all the States. Each State shall be divided into territorial constituencies in such a manner that the ratio between the population of each constituency and number of seats allotted to it, as far as practicable, is the same throughout the State.

Question 20.
Define in brief the tenure of the Lok Sabha.
Answer:
The life of the Lok Sabha is five years. All the members are chosen at one and at the same time. Unlike the election to the Rajya Sabha where 1/3 members retire every two years, all the members of the Lok Sabha are elected for a period of five years. However, the President can dissolve the Lok Sabha even before the expiry of its term i.e. five years.

Question 21.
Write in brief the privileges of the members of the Lok Sabha.
Answer:
Members of the Lok Sabha enjoy certain privileges:

• Members have full freedom for speech in the House. No case can be started against a member for a speech given in the House.
• Members cannot be arrested in any civil suit before 40 days of the beginning of the session.
• During the session, a member can be arrested in criminal cases only but information must be given to the speaker.
• Members get monthly salary and many other allowances.

Question 22.
Describe the legislative powers of the Lok Sabha.
Answer:
Any type of bill can be introduced in the Lok Sabha. Laws in it, can be -framed on any subject given on the Union list and the concurrent list. The Rajya Sabha can transfer any subject on the State List by passing a resolution in favour of the Centre and Lok Sabha can pass a law on the subject. Rajya Sabha can transfer a subject only in case of national importance.

After the bill is passed by the Lok Sabha, it is sent to the Rajya Sabha and it can delay the bill at the most for 6 months. If the Rajya Sabha rejects the bill or does not take any action over it for a period of six months, a joint session of the two, Houses of the Parliament is called and the majority vote decides the fate of the bill. As the number of the members of the Lok Sabha is larger than that of the Rajya Sabha, so the members of the Lok Sabha can get the bills passed according to its own wishes.

Question 23.
Discuss about the Financial powers of the Parliament.
Answer:
The Parliament controls the finances of the State. The goverenment places the budget before the start of the financial year. The Parliament discusses the budget and gives its assent to the bill. The government can neither impose any tax upon the public nor can it spend the money without the approval of the Parliament. The President will have to give his assent to the money bill passed by the Parliament.

Question 24.
Write down the executive powers of the Lok Sabha.
Or
How does Lok Sabha controls the Executive?
Answer:
It is the Lok Sabha which controls the executive. The leader of the majority party in the Lok Sabh is the Prime Minister of the country. Most of the ministers are also taken from the Lok Sabha. The Cabinet is responsible to the Lok Sabha for all its actions and policies.

The members of the Lok Sabha ask the ministers questions and supplementary questions and they are to answer these questions. The members of the Lok Sabha can criticize the functioning of the Cabinet. If the Lok Sabha passes a vote of no-confidence against the Cabinet, the Cabinet will have to resign. The Cabinet remains in office till it is supported by the majority of the members of the House.

Question 25.
Discuss the financial powers of the Lok Sabha.
Answer:
The Lok Sabha controls the finances of the state. As money bill can only be introduced in the Lok Sabha and not in the Rajya Sabha. If there is a difference of opinion whether a particular bill a money bill or a non-money bill, the decision of the speaker of the Lok Sabha will.be final.

After a money bill is passed by the Lok Sabha, it is sent to the Rajya Sabha. The Rajya Sabha can delay the passage of a money bill at the most for 14 days. The Rajya Sabha may reject the bill or may not take any action over the bill for a period of 14 days, in both these conditions the bill will be considered as passed. It will be sent to the President and he gives his assent to the bill. The President cannot use his veto power in case of money bill.

Question 26.
Who is the speaker?
Answer:
The speaker is the presiding officer of the Lok Sabha. He is elected by the members of the Lok Sabha from among themselves. The Speaker presides over the meetings of the House; maintains order in the House and conducts the business of the House in accordance with the Rules of the House. The Constitution also provides for the office of the Deputy

Speaker:
He too is the member of the House and is elected by the members of the Lok Sabha from among themselves. The Deputy Speaker performs the duties of the speaker when the latter is absent or while the office of the Speaker is vacant.

Question 27.
Who is the Chairman of Lok Sabha? List his four main functions.
Answer:
Chairman of Lok Sabha is popularly known as Speaker. He performs ahead functions:

1. Preserve Order: He presides over the meetings of the House and preserves order in the House. If the situation goes out of control he can adjourn or suspend the meeting of the House.
2. Money-Bill: He decides whether a bill is a money-bill.
3. Guardian of Rights: He is the guardian of the privileges of the member of Lok Sabha.
4. Joint Meetings: He presides over the joint meetings of both the Houses of Parliament.

Question 28.
How is the Lok Sabha more powerful than the Rajya Sabha?
Answer:
Lok Sabha is more powerful because

1. The members of Lok Sabha are directly elected while the members of house of Rajya Sabha are indirectly elected.
2. Money bill cannot be introduced in Rajya Sabha. It originates in the Lok Sabha only. It is sent for recommendation to Rajya Sabha and not for passing. If Rajya Sabha returns it after 14 days it is assumed as passed.
3. Lok Sabha controls the executive whereas Rajya Sabha has no effective control over the executive.

Question 29.
Explain the relationship between Lok Sabha and Rajya Sabha.
Answer:
Lok Sabha is a lower house while Rajya Sabha is a upper house of the Parliament. Both the houses do not enjoy equal powers. Lok Sabha is more powerful than the Rajya Sabha. Ordinary bills can originate in either House of Parliament. Rajya Sabha can delay an ordinary bill maximum for a period of six months. Money bill can originate in the Lok Sabha only. Rajya Sabha can delay the money bill for 14 days only.

In the matters of finance the powers of the Rajya Sabha are insignificant. Members of the Rajya Sabha can ask questions to the ministers and they can criticise the policies of the government but they are having no power to remove the Council of Ministers. The Lok Sabha can remove the Council of Ministers by passing a vote of no-confidence against the Council of Ministers. Thus Lok Sabha is having a real control over the government.

Question 30.
Narrate the circumstances under which a joint session of the Parliament is summoned. Who presides over this?
Answer:
The President summons the joint session of the Parliament on the following occasions:

1. Joint session of the Parliament is summoned to resolve the conflict between the two Houses of the Parliament.
2. Joint session is summoned when a bill is passed by one House and is rejected by the other. The speaker of the Lok Sabha presides over the joint session of the Parliament.

Question 31.
What is the difference between the election of Lok Sabha and the Rajya Sabha?
Answer:
The members of Lok Sabha are elected directly by the people. Every citizen of India of not less than 18 years of age has the right to vote. From each territorial constituency one member is elected and the candidate getting the highest votes in the election is declared elected. The members of the Rajya Sabha are elected by the elected members of the state Assemblies.

Question 32.
What is understood by Adjournment Motion?
Answer:
An adjournment motion is a proposal for postponing the normal business of the House in order to discuss a matter of urgent public importance such as a serious riot, a case of police firing on a procession or a grave railway accident and so on.

The real object of an adjournment motion is to bring to light the inefficiency or corruption of the administration and the mistakes of policy of which the government is considered to be guilty. Such a motion can be moved any time provided the presiding officer of the House is satisfied of its urgent public nature. When such a motion is moved, the House suspends its normal work.

Question 33.
What do you understand by Question Hour?
Answer:
Members of Parliament are free to ask questions to elicit information on matters of public concern from ministers of the government. The First hour of every sitting in both houses is devoted to asking and answering of questions. It is known as the ‘Question Hour’.

During this hour, matters concerning the Government of India are raised and problems are brought to the notice of the government to seek their intervention to meet any situation and to redress public grievances. ‘Question Hour’ forms the most interesting part of the Parliamentary procedure. The government is put on trial during this hour.

Question 34.
What do you understand by ‘Zero Hour’?
Answer:
The time immediately following the ‘Question Hour’ in both Houses has come to be populary known as ‘Zero Hour’. It is a Zero Hour in more than one sense. It is a non¬existent hour. If starts at 12 noon which is the zero hour of the day. It came to be called an Hour also because very often it continued for one full hour, until the House rose for lunch at 1 p.m. In the rules there is no mention of any Zero Hour at all. It is the press that gave the name Zero Hour, sometimes in the early sixties. In the eyes of Rules Book the so called Zero Hour is an irregular affair. But, as thing can, Zero Hour seems to have come to say.

Question 35.
What is money bill?
Answer:
A money bill is that which contains provisions dealing with all or any of the following matters:

• the imposition, abolition, remission, alternation or regulation of any tax.
• the regulation of the borrowing of money or creation on any financial obligation to be undertaken by the Government in India.
• payment of money into or withdrawal of money from the consolidated Fund or the Contingency Fund of India.
  appropriation of money out of the Consolidated Fund of India.
• the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India of the amount of. any such expenditure.
• receipt of money on account of the public account of India and the audit of accounts and incidental matter.

Question 36.
Describe the law-making procedure in the Parliament of India.
Answer:
The Parliament is the supreme body of making laws. Ordinary bills can be introduced in either House of Parliament. In the first reading, general principles involved in the bill are read. After first reading the bill is sent to small committee which discusses the bill in detail and then sends it with amendments if any. In second reading, there is clause by clause discussion. Then the bill is put to vote. After bill is passed it is sent to other House. The bill passes through similar stages in the other House and is then sent to the President for his assent. After his signature the bill becomes an act.

Question 37.
Write down the name of Speaker of Lok Sabha and Chairman and Vice-Chairman of Rajya Sabha.
Answer:

Name of Post	Name of Person
1. Speaker of Lok Sabha	Sh. Om Birla
2. Chairman of.Rajya Sabha	Sh. Venkaiah Naidu
3. Vice-Chairman of Rajya Sabha	Sh. Harivansh Narayan Singh

Very Short Answer Type Questions

Question 1.
Explain in brief the composition of the Union Legislature or Parliament.
Answer:
The Union Legislature or the Parliament of India is a bi-cameral legislature. Council of the States or the Rajya Sabha is the Upper House of the Parliament. It can have at the most 250 members in it. This is a permanent house. Lok Sabha is the lower house of the Parliament. It can have at the most 550 elected members. The members of the Lok Sabha are elected for 5 years. The President of India can dissolve the Lok Sabha on the advice of Council of Ministers before the expiry of its term.

Question 2.
Explain any two features of Indian Parliament.
Answer:

• Indian Parliament is Bi-cameral.
• Upper House of the Parliament is permanent.

Question 3.
What are the main functions and powers of Parliament?
Answer:
Following are the main functions and powers of the Parliament-

• The Parliament has the power to enact laws for the whole of the country.
• The Parliament controls the,Cabinet and Cabinet is responsible to the parliament.

Question 4.
How does Indian Parliament control the executive?
Answer:
The Parliament controls the executive in the following ways:

• The Prime Minister and the other ministers are taken from the Parliament and after becoming ministers, they remain the members of the Parliament. They participate in the meetings of the Parliament.
• The ministers are responsible to the Parliament for their actions and policies.

Question 5.
Explain the legislative powers of the Parliament.
Answer:
The Parliament has the right to frame laws for the whole of the country. It can frame laws on the subjects mentioned in the Union List and Concurrent List. Under certain special circumstances the Parliament gets the right to frame laws on the subjects mentioned in the State List. The Parliament frames laws on State subjects for Union Territories.

Question 6.
Discuss in brief the judicial powers of the Parliament.
Answer:
Following are the judicial powers of the Parliament:

• The Parliament can remove the President from office through impeachment.
• The Parliament can also remove the Vice-President from office.

Question 7.
What are the qualifications to become a member of the Parliament?
Answer:

• He must be a citizen of India.
• He must have completed the age of 25 years in case of Lok Sabha and 30 years in case of Rajya Sabha.

Question 8.
Write the composition of the Rajya Sabha.
Answer:
According to the constitution the maximum strength of the Rajya Sabha has been put at 250 members. Out of 250 members, 12 members are nominated by the President. The remaining 238 members represent the States and the Union Territories. At present the Rajya Sabha has 245 members. Out of 245 members, 233 members represent the states and Union Territories and the remaining 12 members have been nominated by the President.

Question 9.
What are the qualifications of a member of the Rajya Sabha?
Answer:

• He must be a citizen of India.
• He must have completed 30 years of age.

Question 10.
Discuss the powers of the Chairman of the Rajya Sabha.
Answer:
The Indian Vice-President is the ex-officio Chairman of the Rajya Sabha. As Chairman of the Rajya Sabha, he performs the following functions:

• He presides over the meetings of the Rajya Sabha.
• He preserves order in the House. If the situation goes out of control he can adjourn or suspend the meeting of the Rajya Sabha.

Question 11.
Mention special powers of the Rajya Sabha.
Answer:
Under the Constitution, the Rajya Sabha has been vested with special powers enumerated in the state list.
1. Under Article 249, the Rajya Sabha may declare by resolution, passed by two- thirds majority of its members present and voting, that it is necessary or expedient in the national interest that the Parliament should make laws with respect to any matter enumerated in the State List.

2. Rajya Sabha alone can initiate the proposal for removing the Vice-President.

Question 12.
Explain previleges of the members of Rajya Sabha?
Answer:
The members of the Rajya Sabha enjoy following previleges:

1. The members of the Rajya Sabha enjoy unrestricted freedom to express their views on the floor of the house. No action can be taken against them for the expression of their views.
2. The members of the Rajya Sabha can’t be arrested for any civil offence during and 40 days before and after the session.

Question 13.
Describe the organisation of the Lok Sabha.
Answer:
Elected members of the Lok Sabha can be 550 members. Two members of Anglo- Indian Community can be appointed by the President. At present Lok Sabha consists of 545 members. Out of 545 members 543 are directly elected by the people. The members of Lok Sabha are elected by single member constituency. A candidate getting highest votes is declared elected.

Question 14.
Describe the qualifications to become a member of the Lok Sabha.
Answer:

• He must be a citizen of India
• He must have completed 25 years of age.

Question 15.
What is the tenure of the Lok Sabha?
Answer:
The life of the Lok Sabha is five years. All the members are chosen at one and at the same time. Unlike the election to the Rajya Sabha where 1/3 members retire every two years, all the members of the Lok Sabha are elected for a period of five years. However, the President can dissolve the Lok Sabha even before the expiry of its term i.e. five years.

Question 16.
Write down the executive powers of the Lok Sabha.
Answer:
It is the Lok Sabha which controls the executive. The members of the Lok Sabha ask the ministers questions and supplementary questions and they are to answer these questions. If the Lok Sabha passes a vote of no-confidence against the Cabinet, the Cabinet will have to resign. The Cabinet remains in office till it is supported by the majority of the members of the House.

Question 17.
Explain the financial powers of the Lok Sabha.
Answer:
The Lok Sabha controls the finances of the state. As money bill can only be introduced in the Lok Sabha and not in the Rajya Sabha. After a money bill is passed by the Lok Sabha, it is sent to the Rajya Sabha. The Rajya Sabha can delay the passage of a money bill at the most for 14 days. The Rajya Sabha may reject the bill or may not take any action over the bill for a period of 14 days, in both these conditions the bill will be considered as passed. It will be sent to the President and he gives his assent to the bill.

Question 18.
Who is the speaker?
Answer:
The speaker is the presiding officer of the Lok Sabha. He is elected by the members of the Lok Sabha from among themselves. The Speaker presides over the meetings of the House; maintains order in the House and conducts the business of the House in accordance with the Rules of the House.

Question 19.
Write down any two functions of Speaker.
Answer:
Chairman of Lok Sabha is popularly known as Speaker. He performs functions given ahead:

• Preserve Order. He presides over the meetings ofeihe House and preserves order in the House. If the situation goes out of control he can adjourn or suspend the meeting of the House.
• Money-Bill. He decides whether a bill is a money-bill.

Question 20.
How is the Lok Sabha more powerful than the Rajya Sabha?
Answer:

1. The members of Lok Sabha are directly elected while the members of house of Rajya Sabha are indirectly elected.
2. Money bill cannot be introduced in Rajya Sabha. It originates in the Lok Sabha only. It is sent for recommendation to Rajya Sabha and not for passing. If Rajya Sabha returns it after 14 days it is assumed as passed.

One Word to One Sentence Answer Type Questions

Question 1.
Name the two Houses of Indian Parliament.
Answer:

1. Lok Sabha
2. Rajya Sabha.

Question 2.
Which one House of the Union Parliament is more powerful?
Answer:
Lok Sabha is more powerful than Rajya Sabha.

Question 3.
How many members can be nominated in Lok Sabha by the President?
Answer:
Two members from Anglo-Indian Community.

Question 4.
How many members can be nominated in Rajya Sabha by the President?
Answer:
12 members are nominated in Rajya Sabha from amongst the scholars, artists and social workers.

Question 5.
How are members of Lok Sabha elected?
Answer:
The members of Lok Sabha are elected directly by the people. Every citizen of 18 years and above has a right to vote.

Question 6.
What is the total strength of Rajya Sabha?
Answer:
The maximum strength, of Rajya Sabha can be 250.

Question 7.
For what PAC stands?
Answer:
Public Accounts Committee.

Question 8.
What is the present strength of Lok Sabha?
Answer:
The Lok Sabha consists of 545 members- 543 elected and 2 nominated Anglo- Indian.

Fill in The Blanks

1. ……………. presides over the joint session of the Parliament.
Answer:
Speaker

2. Cabinet is responsible to ……………. .
Answer:
Parliament

3. The candidate constituting for ……………. should not be less than 25 years.
Answer:
Lok Sabha

4. ……………. members are nominated by the President in Rajya Sabha.
Answer:
12

5. The candidate constituting for ……………. should not be less than 30 years.
Answer:
Rajya Sabha.

True or False statement

1. Two members are nominated by the President in the Rajya Sabha.
Answer:
False

2. The session of the Indian Parliament are held at least twice a year.
Answer:
True

3. Vice-President presiding Officer of the Lok Sabha.
Answer:
False

4. The budget is introduced in Lok Sabha by Finance Minister.
Answer:
True

5. President presides over the Lok Sabha.
Answer:
False

Choose The Correct Answer

Question 1.
The Indian Parliament is:
(A) Uni-cameral
(B) Three Houses
(C) Bi-cameral
(D) Four Houses.
Answer:
(C) Bi-cameral

Question 2.
The Lower House of the Indian Parliament is known as:
(A) Rajya Sabha
(B) Lok Sabha
(C) Legislative Assembly
(D) Council of States.
Answer:
(B) Lok Sabha

Question 3.
The Upper House of the Indian Parliament is known as:
(A) Lok Sabha
(B) Rajya Sabha
(C) Council of ministers
(D) Legislative Council.
Answer:
(B) Rajya Sabha

Question 4.
The tenure of the members of the Rajya Sabha is:
(A) 5 years
(B) 4 years
(C) 6 years
(D) 3 years.
Answer:
(C) 6 years

Question 5.
Who is the presiding officer of the Rajya Sabha?
(A) Prime Minister
(B) Vice-President
(C) President
(D) Speaker.
Answer:
(B) Vice-President

Question 6.
Speaker is elected for a period of:
(A) 5 years
(B) 6 years
(C) 7 years
(D) 4 years.
Answer:
(A) 5 years

Question 7.
The tenure of the Lok Sabha in normal times is:
(A) 6 years
(B) 5 years
(C) 4 years
(D) 3 years.
Answer:
(B) 5 years

Question 8.
How many members are nominated by the president in Lok Sabha?
(A) 12 Members
(B) 3 Members
(C) 18 Members
(D) 2 Members.
Answer:
(D) 2 Members.

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 29 Indian Judicial System-The Supreme Court and The High Court Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 29 Indian Judicial System-The Supreme Court and The High Court

Long Answer Type Questions

Question 1.
Describe the Composition, Jurisdiction and Powers of the Supreme Court.
Or
Discuss the composition, powers and functions of the Supreme Court of India.
Answer:
The Supreme Court established under the Indian Constitution (Art. 124-151) is the highest Judicial authority in the country. It stands at the apex of our Judicial system which is an integrated one.

All the Courts, even those functioning in the States are subject to the authority and jurisdiction of the Supreme Court. The Courts in India administer both the Federal laws as well as the State laws. Hence judiciary in India is unified.

Composition of the Supreme Court:
At the time of the commencement of the Constitution, the Supreme Court consisted of eight judges, including the Chief Justice. In 1956, the maximum number of judges was raised to eleven, including the Chief Justice. This number was again raised in 1960 to fourteen including the Chief Justice. In Dec. 1977, maximum number of judges of Supreme Court was increased from 14 to 18 including the Chief Justice. In April, 1986 the number of Judges was increased from 17 to 25. In July 2019 .the number of Judges was .increased from 30 to 33. Thus at present Supreme Court consists of Chief Justice and 33 other Judges.

Article 127 (1) makes provision for the appointment of ad-hoc judges also. Ad-hoc judges are appointed by the Chief Justice of India with the prior consent of the President from among the judges of any High Court duly qualified to be a judge of the Supreme Court for such period as may be necessary. Ad-hoc judges can be appointed only when the Supreme Court cannot continue or hold any session because of the lack of quorum.

The Constitution of India also provides for the appointment of retired judges of the Supreme Court or the Federal Court, with the prior consent of the President and his consent, on a request being made by the Chief Justice of India to sit and act as a judge of the Supreme Court at any time.

Appointment of the Judges:
The Chief Justice of India is appointed by the President in consultation with such judges of the Supreme Court and High Courts as he may deem fit. In the appointment of other judges of the Supreme Court, the Chief Justice of India must be consulted by the President. On Oct. 28, 1998, in a significant unanimous order, a nine-judge Constitution Bench of the Supreme Court held that recommendations made by the Chief Justice of India on the appointment of judges to the Supreme Court without following the consultation process was not binding on the government.

The consultation process to be adopted by the Chief Justice requires consultation of four seniormost judges of the Supreme Court. The sole opinion of the Chief Justice does not constitute consultation process. Hence recommendations made by the Chief Justice without complying with the norms and guidelines regarding the consultation process are not binding on the government.

The Supreme Court made it clear that even if two judges give an adverse opinion the Chief Justice should not send the recommendation to the government. The Supreme Court said, “The collegium should make the decision in consensus and unless the opinion of the collegium is in confirmity with that of the Chief Justice, no recommendation is to be made.”
Img 1
Qualifications for appointment of Judges:
A candidate for appointment as a Judge of the Supreme Court must fulfil the following qualifications:

1. He should be a citizen of India.
2. Must have been a Judge of one or more High Courts for five successive years or must have been an advocate of one or more High Courts for ten successive years.
3. If in the opinion of the President, he is a distinguished jurist.

Term of office:
Judges of the Supreme Court hold office till they complete the age of 65 years. In case of any discrepancies about the age of a Judge, the decision of the President shall be final. A Judge may resign his office by writing to that effect to the President before the completion of his tenure. On January 13, 1983, Mr. Justice Baharul Islam resigned as a judge of the Supreme Court. A judge of the Supreme Court can be removed from his position only as the ground of proved misbehaviour or incapacity.

The Judge can be removed from office by the President after an address by each House and by a majority of not less than two-thirds of the members of that House present and voting. On 11th May, 1993, the first-ever impeachment motion against a Supreme Court judge failed in the Lok Sabha when the Opposition—sponsored move for removal of Mr. Justice V. Ramaswami could not be carried for want of requisite majority after the ruling Congress en bloc abstained from voting.

Salaries and Allowances of Judges:
he Chief Justice gets a salary of Rs. 2,80,000 per month and the other judges Rs. 2,50,000 per month. Every Judge of the Supreme Court is entitled without payment of rent to the use of an official residence. The judges are also allowed travelling allowances when they undertake journey for the performance of their official duties. The salaries and allowances of the Judges are charged on the Consolidated
Fund of India and accordingly, are not subject to the vote of Parliament.

Neither the privileges nor the allowances of a Judge nor his rights in respect of leave or absence or pension shall be varied to his disadvantage after his appointment. The salaries and allowances of the Judges can be reduced by the President during continuance of a Proclamation of Financial emergency. The Constitution, thus, guarantees to the Judges both security of service and emoluments.

Prohibition of practice after retirement:
The retired judges of the Supreme Court are debarred from pleading before any Court in India. Even if a Judge resigns he is debarred from pleading. However, the retired judges can be invited to act as judges of the Supreme ’Court for some particular business or period of time. No retired judge of the Supreme Court can he asked to act as a judge of the Supreme Court without his consent. Such judges get allowances and not salary. Their allowances are determined by the President.

Oath:
On asssuming office, each judge of the Supreme Court has to make and subscribe before the President or before any other person appointed by the President for the purpose, to an oath or affirmation according to a set form.

Immunities of Judges:
In order to further safeguard the independence of judiciary, the Constitution provides that there can be no discussion in Parliament on the conduct of a judge in the discharge of his official duties. Nor can the actions and decisions of the Judges in their official capacity be subject to criticism so as to impute motive of any kind. There may be academic discussion about the decision of the Supreme Court. The Court may also initiate contempt proceedings if an attempt, direct or indirect, is made to prejudice minds of judges in arriving at an impartial and independent decision.

Seat of the Supreme Court:
The Supreme Court sits in Delhi. It can also sit at any other place or places as the Chief Justice of India may appoint from time to time with the approval of the President. Under this Article, the Supreme Court had held its sessions at Hyderabad and Srinagar.

Jurisdiction and Functions of Supreme Court.

The Supreme Court is the highest Court of the land. It has been vested with wider jurisdiction than any other superior Court in any part of the world. According to Sir Alladi Krishnaswami Ayyar, “The Supreme Court in the Indian Union has more powers than any Supreme Court in any part of the world.”

The jurisdiction of the Court may be divided into three categories-Original, Appellate and Advisory.
1. Original Jurisdiction:
Original jurisdiction means cases which start in the Supreme Court and regarding which the Supreme Court has the exclusive jurisdiction. The Constitution of India divides powers between Centre and States. Howsoever neatly the powers between the two may have been distributed there are always possibilities of doubt and dispute. New situations demand new interpretations. Thus, the Supreme Court decides cases

• between the Government of India and one or more States;
• between the Government of India and any one State or States on one side and one or more other State on the other; or
• between two or more States.

It should be noted that the Supreme Court can entertain such cases only if the disputes involve any question, whether of law or fact, on which the existence or extent of a legal right depends. Where the claim made by one of the parties is not dependent on law but on legal considerations, the Supreme Court has no original jurisdiction.

According to the Constitution, the original jurisdiction of the Supreme Court does not extend to disputes relating to water of inter-state rivers or river valleys, matters referred to the Finance Commission and adjustment of certain expenses between the Union and the States. Likewise, the original jurisdiction of the Supreme Court shall not extend to a dispute, if the dispute arises out of provision of a treaty, agreement, covenant, engagement and other similar instrument which was entered into or executed before 26th January, 1950.

(i) Enforcement of Fundamental Rights:
The Constitution makes the Supreme Court the ultimate guardian of the fundamental rights and liberties of the people^ Rights of the people have no meaning if they are not backed and upheld by judiciary. It is both the jurisdiction as well as the responsibility of Supreme Court to issue orders, directions and writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, or any of them for the enforcement of fundamental rights. However, this jurisdiction of the Supreme Court is not exclusive. State High Courts have also been given similar powers.

(ii) To decide election disputes of the President and Vice-President:
The Supreme Court is also empowered to decide any dispute relating to the election of the President or the Vice-President of India and in this regard the Supreme Court’s decision is final and binding. In 1967, election of Dr. Zakir Hussain and in 1969 the election of President V. V. Giri was challenged in the Supreme Court. The Court decided that the election was valid. Similarly Vice-President, G.S. Pathak’s election was challenged and the Supreme Court upheld his election.

But by 39th amendment the Supreme Court was deprived of this power and Parliament was empowered to enact Legislation to set up a forum to hear disputes relating to the election of the . President, Vice-President, Prime Minister and the Speaker. In June 1977, Parliament enacted a law by which Supreme Court is again given power to hear election disputes of the President, Vice-President, Prime Minister and the Speaker. According to 44th Amendment all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court and the decision shall be final. ,

2. Appellate Jurisdiction:
The Appellate jurisdiction of the Supreme Court can be divided into the following main parts-Constitutional, Civil and Criminal.
(i) Appeal in Constitutional Cases:
Article 132(1) provides that an appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in India whether in a civil, criminal or other proceeding, if the ‘ – High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Even if the High Court refuses to give such a certificate, the Supreme Court can grant special leave to appeal if the Court is satisfied that the case involves a Substantive question of law as to the interpretation of the Constitution.

(ii) Appeal in Civil Cases:
As regards appeals in Civil Cases, the 30th Amendment, 1972 has brought significant changes. Prior to the. 30th amendment, appeal to the Supreme Court in civil proceeding against a judgement, decree or final order of a High Court certified that the amount or value of the subject matter of the dispute was not less than Rs. 20,000.

The 30th amendment seeks to do away with the monetary limits for invoking the appellate jurisdiction of the Supreme Court. The Amendment provides for the right to appeal to the Supreme Court on any judgement of a High Court if the case involves a substantial question of law of general importance and if in the opinion of the High Court the said question needs to be decided by the Supreme Court.

(iii) Appeal in Criminal Cases. As regards criminal cases Article 134 provides that an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court if
(а) the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death ; or
(c) certifies that the case is fit for appeal to the Supreme Court. Under the Constitution, Parliament may by law widen still further the criminal jurisdiction of the Supreme Court.

44th Amendment inserts a new Article 134 A to provide that the High court should consider the question of granting of certificate immediately on the delivery of the judgement, decree, final order, or sentence concerned on the basis of an oral application by a party or, if the High Court deems it fit so to do, on its own motion.

(iv) Special Leave to Appeal:
Article 136 of the Constitution vests the Supreme Court with a power which is of utmost importance. It provides that the Supreme Court may, in its directions grant special leave to appeal from any judgement, decree determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. The only exception to this all embracing power of judicial superintendence is the decision of any court constituted under any law relating to the Armed Court which can grant special leave to appeal even if the High Court has refused to grant certificate to appeal to the Supreme Court.

3. Axtvisory Jurisdiction:
Under Article 143 of the Constitution, the Supreme Court exercises advisory or consultative functions also. Art. 143 provides that if at any time it appears to the President that a question of law or fact has arisen or is likely to arise which is of public importance, he may refer the question to the Supreme Court for consideration and opinion. Such a question is heard by a Bench consisting of at least five judges and the Court follows the procedure of an ordinary trial.

The majority opinion is sent to the President. The judges can hold dissenting opinion as well. The opinion of the Supreme Court is not binding on the President as it is not of the nature of a judicial pronouncement. Nor is it obligatory for the Supreme Court to give its opinion. It may or may not.

4. Interpretation and Protection of the Constitution:
The Constitution of India has placed this responsibility of interpreting the Constitution on the Supreme Court. The Supreme Court is the final authority to interpret the meaning and intent of the Constitution. Likewise, it is the responsibility of the Supreme Court to uphold the supremacy of the Constitution.

There are many instances where the Supreme Court exercised its power of judicial review. In 1967 in Golak Nath’s case, the Supreme Court declared that the Parliament has no power to amend the provision of Fundamental Rights. In the Bank Nationalisation case, the Court held that the Banking Companies Act, 1969 violated equality before law. Article 19 concerning right to acquire, hold and dispose of property and Article 31 regarding compulsory acquisition of property are invalid and unconstitutional. The 24th and 25th amendments were challenged by Keshvananda Bharati and others.

In this case Supreme Court reversed its earlier decision of Golak Nath’s case and gave the Parliament the power to amend the Fundamental Rights. On 9th May, 1980 the Supreme Court struck down Section 55 of the 42 and Amendment Act 1976 which gave unlimited powers to Parliament to amend the Constitution.

The Court in an order said section 55 of the 42nd Amendment Act which inserted sub-sections (4) and (5) in Article 368 (amending power of Parliament) was beyond the amending power of Parliament and was void since it removed all limitations on the power of Parliament to amend the Constitution in such a manner as to destroy its basic or essential features or its basic structure. The Supreme Court also struck down Section 4 of the 42nd Amendment Act amending Article 31-C giving primacy to Directive Principles of State Policy over Fundamental Rights.

5. Court of Record:
The Supreme Court is the Court of Record. The significance of a court of record is two fold: First, the records of the Supreme Court are admitted to be of evidentiary value and are not questioned when they are produced before any Court. Secondly, it has the power to fine and imprison for contempt of its authority.

6. Power Regarding Transference of Cases:
By 42nd Amendment a new article 139-A is inserted in the Constitution. According to article 139A if on the application of the Attorney General of India, the Supreme Court is satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial question of general importance, the Supreme Court may withdraw the case or cases itself. The Supreme Court is also empowered to transfer any case, appeal, or other proceedings pending before any High Court to any other High Court.

7. Power to Review its own Decisions:
The Supreme Court has the power to review its own decisions. In other Words, the Supreme Court is not bound by its own decisions. Any such review is undertaken by a larger Bench than the one which passed the original judgement. The Supreme Court’s power to review its earlier decisions helps to correct any decision which may be erroneous. In 1971 in the case of Keshvanand Bharati Supreme Court reversed its judgement of Golak Nath’s case and gave the Parliament the power to amend the Fundamental Rights but Parliament has no power to change the basic structure of the Constitution.

8. Miscellaneous Functions:
The Supreme Court performs some miscellaneous functions also. They are as follows:

• The Supreme Court is the highest court of the land. It has the power to inspect and supervise the working of the subordinate courts. It can also make rules for their efficient working.
• The Supreme Court can also make rules for the persons practising before the Court.
• The Supreme Court can make rules for the maintenance of records by the lower Courts.
• The Supreme Court has the power to initiate contempt proceedings against any alleged offender indulging in malicious and tendentious criticism. It can fine and imprison anybody for contempt of its authority.
• For the enforcement of its decrees and orders, the Supreme Court can issue appropriate directions. It is the constitutional duty of all the civil and judicial authorities in the territory of India to act in aid of Supreme Court.

Position of the Supreme Court in India:
The power and jurisdiction of the Supreme Court of India, if not wider than the jurisdiction of the Supreme Courts of other countries of the world, is not lesser than the power of the Supreme Courts of other countries of the world. In the words of Alladi Krishnaswami Ayyar, “The Supreme Court in the Indian Union has more powers than any other Supreme Court in any part of the world.” The Supreme Court of India has been given vast powers by the Constitution. The decisions of the Supreme Court are binding on all the courts, and on all the authorities-Central as well as States.

In some matters it has original jurisdiction while in others it has appellate jurisdiction. Its power to grant special leave to appeal against any judgement, decree, sentence or order in any case or matter passed or made by any Court or Tribunal (except Military Tribunal) is not subject to any Constitutional limitation. This is the extraordinary jurisdiction of the Supreme Court and it extends to all cases and all matters, Civil, Criminal or otherwise. Then, the Supreme Court is the interpreter and the guardian of the Constitution. It is the final authority to interpret the Constitution.

What the Constitution means the judges say it. The Supreme Court is also the protector of the fundamental rights of the people. While interpreting Article 13 of the Constitution in the Golak Nath case, the Supreme Court held that Parliament of India has no power to curtail or abridge the rights of the people guaranteed in Part IIP of the Constitution. The Supreme Court can set aside any law or executive order which encroaches upon the rights of the people. In this way, the Supreme Court holds Executive and Legislature in check.

While interpreting the Constitution and laws, the Supreme Court, in an indirect manner, makes new laws. In December, 1982 the Supreme Court upheld the rights of the workers to be heard in the winding up proceedings of a Company. The Supreme Court’s verdict breaks new ground in the history of Jurisprudence in this country in as much as it seeks to interpret old laws in the context of the new social and political milieu.

Commenting upon the role of the Supreme Court, Sir Alladi Krishnaswami Ayyar said, “The future evolution of the Indian Constitution will thus depend to a large extent upon the work of the Supreme Court and the direction given to it by that Court.” In the words of M.V. Pylee: “The combination of such wide and varied powers in the Supreme Court of India makes it not only the supreme authority in the judicial field but also the guardian of the Constitution and law of the land.” Surely, the powers of the Supreme Court are wide and formidable.

Question 2.
Discuss in brief the powers of the Supreme Court of India.
Or
Discuss the powers and jurisdiction of the Supreme Court of India.
Answer:
The Supreme Court is the highest Court of the land. It has been vested with wider jurisdiction than any other superior Court in any part of the world. According to Sir Alladi Krishnaswami Ayyar, “The Supreme Court in the Indian Union has more powers than any Supreme Court in any part of the world.”

The jurisdiction of the Court may be divided into three categories-Original, Appellate and Advisory.
1. Original Jurisdiction:
Original jurisdiction means cases which start in the Supreme Court and regarding which the Supreme Court has the exclusive jurisdiction. The Constitution of India divides powers between Centre and States. Howsoever neatly the powers between the two may have been distributed there are always possibilities of doubt and dispute. New situations demand new interpretations. Thus, the Supreme Court decides cases

• between the Government of India and one or more States;
• between the Government of India and any one State or States on one side and one or more other State on the other; or
• between two or more States.

It should be noted that the Supreme Court can entertain such cases only if the disputes involve any question, whether of law or fact, on which the existence or extent of a legal right depends. Where the claim made by one of the parties is not dependent on law but on legal considerations, the Supreme Court has no original jurisdiction.

According to the Constitution, the original jurisdiction of the Supreme Court does not extend to disputes relating to water of inter-state rivers or river valleys, matters referred to the Finance Commission and adjustment of certain expenses between the Union and the States. Likewise, the original jurisdiction of the Supreme Court shall not extend to a dispute, if the dispute arises out of provision of a treaty, agreement, covenant, engagement and other similar instrument which was entered into or executed before 26th January, 1950.

(i) Enforcement of Fundamental Rights:
The Constitution makes the Supreme Court the ultimate guardian of the fundamental rights and liberties of the people^ Rights of the people have no meaning if they are not backed and upheld by judiciary. It is both the jurisdiction as well as the responsibility of Supreme Court to issue orders, directions and writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, or any of them for the enforcement of fundamental rights. However, this jurisdiction of the Supreme Court is not exclusive. State High Courts have also been given similar powers.

(ii) To decide election disputes of the President and Vice-President:
The Supreme Court is also empowered to decide any dispute relating to the election of the President or the Vice-President of India and in this regard the Supreme Court’s decision is final and binding. In 1967, election of Dr. Zakir Hussain and in 1969 the election of President V. V. Giri was challenged in the Supreme Court. The Court decided that the election was valid. Similarly Vice-President, G.S. Pathak’s election was challenged and the Supreme Court upheld his election.

But by 39th amendment the Supreme Court was deprived of this power and Parliament was empowered to enact Legislation to set up a forum to hear disputes relating to the election of the . President, Vice-President, Prime Minister and the Speaker. In June 1977, Parliament enacted a law by which Supreme Court is again given power to hear election disputes of the President, Vice-President, Prime Minister and the Speaker. According to 44th Amendment all doubts and disputes arising out of or in connection with the election of a President or Vice-President shall be inquired into and decided by the Supreme Court and the decision shall be final. ,

2. Appellate Jurisdiction:
The Appellate jurisdiction of the Supreme Court can be divided into the following main parts-Constitutional, Civil and Criminal.
(i) Appeal in Constitutional Cases:
Article 132(1) provides that an appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in India whether in a civil, criminal or other proceeding, if the ‘ – High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Even if the High Court refuses to give such a certificate, the Supreme Court can grant special leave to appeal if the Court is satisfied that the case involves a Substantive question of law as to the interpretation of the Constitution.

(ii) Appeal in Civil Cases:
As regards appeals in Civil Cases, the 30th Amendment, 1972 has brought significant changes. Prior to the. 30th amendment, appeal to the Supreme Court in civil proceeding against a judgement, decree or final order of a High Court certified that the amount or value of the subject matter of the dispute was not less than Rs. 20,000.

The 30th amendment seeks to do away with the monetary limits for invoking the appellate jurisdiction of the Supreme Court. The Amendment provides for the right to appeal to the Supreme Court on any judgement of a High Court if the case involves a substantial question of law of general importance and if in the opinion of the High Court the said question needs to be decided by the Supreme Court.

(iii) Appeal in Criminal Cases. As regards criminal cases Article 134 provides that an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court if
(а) the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
(c) certifies that the case is fit for appeal to the Supreme Court. Under the Constitution, Parliament may by law widen still further the criminal jurisdiction of the Supreme Court.

44th Amendment inserts a new Article 134 A to provide that the High court should consider the question of granting of certificate immediately on the delivery of the judgement, decree, final order, or sentence concerned on the basis of an oral application by a party or, if the High Court deems it fit so to do, on its own motion.

(iv) Special Leave to Appeal:
Article 136 of the Constitution vests the Supreme Court with a power which is of utmost importance. It provides that the Supreme Court may, in its directions grant special leave to appeal from any judgement, decree determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. The only exception to this all embracing power of judicial superintendence is the decision of any court constituted under any law relating to the Armed Court which can grant special leave to appeal even if the High Court has refused to grant certificate to appeal to the Supreme Court.

3. Axtvisory Jurisdiction:
Under Article 143 of the Constitution, the Supreme Court exercises advisory or consultative functions also. Art. 143 provides that if at any time it appears to the President that a question of law or fact has arisen or is likely to arise which is of public importance, he may refer the question to the Supreme Court for consideration and opinion. Such a question is heard by a Bench consisting of at least five judges and the Court follows the procedure of an ordinary trial.

The majority opinion is sent to the President. The judges can hold dissenting opinion as well. The opinion of the Supreme Court is not binding on the President as it is not of the nature of a judicial pronouncement. Nor is it obligatory for the Supreme Court to give its opinion. It may or may not.

4. Interpretation and Protection of the Constitution:
The Constitution of India has placed this responsibility of interpreting the Constitution on the Supreme Court. The Supreme Court is the final authority to interpret the meaning and intent of the Constitution. Likewise, it is the responsibility of the Supreme Court to uphold the supremacy of the Constitution.

There are many instances where the Supreme Court exercised its power of judicial review. In 1967 in Golak Nath’s case, the Supreme Court declared that the Parliament has no power to amend the provision of Fundamental Rights. In the Bank Nationalisation case, the Court held that the Banking Companies Act, 1969 violated equality before law. Article 19 concerning right to acquire, hold and dispose of property and Article 31 regarding compulsory acquisition of property are invalid and unconstitutional. The 24th and 25th amendments were challenged by Keshvananda Bharati and others.

In this case Supreme Court reversed its earlier decision of Golak Nath’s case and gave the Parliament the power to amend the Fundamental Rights. On 9th May, 1980 the Supreme Court struck down Section 55 of the 42 and Amendment Act 1976 which gave unlimited powers to Parliament to amend the Constitution.

The Court in an order said section 55 of the 42nd Amendment Act which inserted sub-sections (4) and (5) in Article 368 (amending power of Parliament) was beyond the amending power of Parliament and was void since it removed all limitations on the power of Parliament to amend the Constitution in such a manner as to destroy its basic or essential features or its basic structure. The Supreme Court also struck down Section 4 of the 42nd Amendment Act amending Article 31-C giving primacy to Directive Principles of State Policy over Fundamental Rights.

5. Court of Record:
The Supreme Court is the Court of Record. The significance of a court of record is two fold: First, the records of the Supreme Court are admitted to be of evidentiary value and are not questioned when they are produced before any Court. Secondly, it has the power to fine and imprison for contempt of its authority.

6. Power Regarding Transference of Cases:
By 42nd Amendment a new article 139-A is inserted in the Constitution. According to article 139A if on the application of the Attorney General of India, the Supreme Court is satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial question of general importance, the Supreme Court may withdraw the case or cases itself. The Supreme Court is also empowered to transfer any case, appeal, or other proceedings pending before any High Court to any other High Court.

7. Power to Review its own Decisions:
The Supreme Court has the power to review its own decisions. In other Words, the Supreme Court is not bound by its own decisions. Any such review is undertaken by a larger Bench than the one which passed the original judgement. The Supreme Court’s power to review its earlier decisions helps to correct any decision which may be erroneous. In 1971 in the case of Keshvanand Bharati Supreme Court reversed its judgement of Golak Nath’s case and gave the Parliament the power to amend the Fundamental Rights but Parliament has no power to change the basic structure of the Constitution.

8. Miscellaneous Functions:
The Supreme Court performs some miscellaneous functions also. They are as follows:

• The Supreme Court is the highest court of the land. It has the power to inspect and supervise the working of the subordinate courts. It can also make rules for their efficient working.
• The Supreme Court can also make rules for the persons practising before the Court.
• The Supreme Court can make rules for the maintenance of records by the lower Courts.
• The Supreme Court has the power to initiate contempt proceedings against any alleged offender indulging in malicious and tendentious criticism. It can fine and imprison anybody for contempt of its authority.
• For the enforcement of its decrees and orders, the Supreme Court can issue appropriate directions. It is the constitutional duty of all the civil and judicial authorities in the territory of India to act in aid of Supreme Court.

Position of the Supreme Court in India:
The power and jurisdiction of the Supreme Court of India, if not wider than the jurisdiction of the Supreme Courts of other countries of the world, is not lesser than the power of the Supreme Courts of other countries of the world. In the words of Alladi Krishnaswami Ayyar, “The Supreme Court in the Indian Union has more powers than any other Supreme Court in any part of the world.” The Supreme Court of India has been given vast powers by the Constitution. The decisions of the Supreme Court are binding on all the courts, and on all the authorities-Central as well as States.

In some matters it has original jurisdiction while in others it has appellate jurisdiction. Its power to grant special leave to appeal against any judgement, decree, sentence or order in any case or matter passed or made by any Court or Tribunal (except Military Tribunal) is not subject to any Constitutional limitation. This is the extraordinary jurisdiction of the Supreme Court and it extends to all cases and all matters, Civil, Criminal or otherwise. Then, the Supreme Court is the interpreter and the guardian of the Constitution. It is the final authority to interpret the Constitution.

What the Constitution means the judges say it. The Supreme Court is also the protector of the fundamental rights of the people. While interpreting Article 13 of the Constitution in the Golak Nath case, the Supreme Court held that Parliament of India has no power to curtail or abridge the rights of the people guaranteed in Part IIP of the Constitution. The Supreme Court can set aside any law or executive order which encroaches upon the rights of the people. In this way, the Supreme Court holds Executive and Legislature in check.

While interpreting the Constitution and laws, the Supreme Court, in an indirect manner, makes new laws. In December, 1982 the Supreme Court upheld the rights of the workers to be heard in the winding up proceedings of a Company. The Supreme Court’s verdict breaks new ground in the history of Jurisprudence in this country in as much as it seeks to interpret old laws in the context of the new social and political milieu.

Commenting upon the role of the Supreme Court, Sir Alladi Krishnaswami Ayyar said, “The future evolution of the Indian Constitution will thus depend to a large extent upon the work of the Supreme Court and the direction given to it by that Court.” In the words of M.V. Pylee: “The combination of such wide and varied powers in the Supreme Court of India makes it not only the supreme authority in the judicial field but also the guardian of the Constitution and law of the land.” Surely, the powers of the Supreme Court are wide and formidable.

Question 3.
Describe the composition, jurisdiction and powers of the High Court.
Or
Mention briefly the powers of a State High Court.
Answer:
The Constitution of India provides for a High Court in each State. However, Parliament by law can provide a common High Court for two or more States. At present, the States of Punjab and Haryana have the common High Court, known as the Punjab and Haryana High Court. Earlier, Delhi and Himachal Pradesh were subject to the judicial jurisdiction of the Punjab High Court. Now, Delhi and Himachal have independent High Courts. The High Court is the highest court of the State. All other courts and tribunals working in a State are subject to the authority of the High Court.

Composition:
Each High Court consists of a Chief Justice and such other Judges as the President may from time to time, deem it necessary to appoint. It means that number of Judges in the State High Courts is neither uniform nor fixed. The total strength of the State High Courts has been left to the will of the President. He can appoint as many judges of a High Court as he deems necessary. Besides the Regular Judges, the President may also appoint additional judges for a period not exceeding two years in order to clear the arrears of work. A duly qualified person may be appointed by the President as an acting Judge when a permanent Judge is absent from the duties of his office or is acting as a Chief Justice.

Appointment of the Judges:
All the Judges of a High Court, including the Chief Justice are appointed by the President of India. While appointing the Chief Justice and other judges of a High Court, the President is required to consult the Chief Justice of India and the Governor of the state. On Oct. 28, 1998 in a significant unanimous order, a nine-judge constitution Bench of the Supreme Court held that recommendations made by the Chief Justice of India on the appointments of Judges to the High Courts without following the consultation process were not binding on the government. The Chief Justice of the Supreme Court is required to consult two senior most judges of the Supreme Court. The Supreme Court Bench said that “Merit should be the predominant factor while making any recommendation for appointment as Judges and that seniority above should not be the Criteria.”

Qualifications for Appointment:
No one can be appointed a Judge of the High Court, unless:

1. he is a citizen of India;
2. he has held a judicial office in the territory of India for at least ten years; or
3. he has been an advocate of one or more High Courts for at least ten years.

Terms of Office:
Judges of the High Court retire at the age of 62. Prior to the Fifteenth Amendment Act, they used to retire at the age of sixty. Judges can resign office earlier by writing to that effect to the President of India. The President can remove the Judge from office on the ground of proved misbehaviour or incapacity. The procedure of removal is similar to the one used in the removal of a Supreme Court Judge. In other words, Judges of High Courts can be removed by the President on an address of Parliament adopted separately by each House by a majority of its total membership as well as by a two-thirds majority of those present and voting. In this way, judges of High Court enjoy security of tenure similar to that of the Judges of the Supreme Court.

Salary and Allowances:
The Chief Justice of High Court gets a salary of Rs. 2,50,000 per month. Each other Judge of a High Court gets Rs. 2,25,000 per month. In addition to their salaries, they are also entitled to certain allowances. The Judges get pension after retirement. Their salaries and allowances cannot be varied to their disadvantage after their retirement, The salaries and allowances of the Judges are charged on the Consolidated Fund of the State, but their pensions are charged on the Consolidated Fund of India and are not subject to the vote of Parliament. The President is empowered to reduce the salaries of the Judges during the operation of the Proclamation of Financial Emergency.

Transfer of Judges:
According to Article 222, the President may after consultation with the chief Justice of India, transfer a Judge from one High Court to another-High Court. For example in May 1976 Justice Manohar Singh of Punjab and Haryana High Court, was appointed Chief Justice of Sikkim High Court.

Oath:
According to Article 219, every person appointed to be a Judge of a High Court in a State shall, before he enters upon his office take before the Governor of the State an oath of office on the prescribed form. The Judges have to affirm that they will bear triie faith and allegiance to the Constitution of India and will perform the duties of their office without fear or favour, affection or ill-will and will uphold the Constitution and the law.

Powers And Functions Of State High Court:
A State High Court has to perform various powers and functions. Besides the administration of Justice, they perform adminstrative functions as well. Since all the Courts working in the State are subject to the authority of the State High Court, hence the administrative functions of the High Court. The powers and functions of a High Court may be divided into two parts:

I. Judicial Powers and
II. Administrative Powers.

I. Judicial Powers:
The main responsibility of a State High Court is to administer Justice. The jurisdiction of the various High Courts under the Constitution is the same as it was before the commencement of the Constitution. This is, however, subject to the provision of the Constitution and any future law that is to be made by the appropriate legislature. The jurisdiction of the High Court may be discussed as follows:

1. Original Jurisdiction:
The original jurisdiction of the State High Court is limited.
(i) Under Article 226, every High Court has been empowered to issue writs, orders, directions including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari or any of them to any person or authority within its territory for the enforcement of the Fundamental Rights and for any other purpose. While the Supreme Court can issue orders, directions and write only for the enforcement of Fundamental Rights (Part III of the Constitution), the High Courts are empowered to issue orders, directions and writs for the enforcement of fundamental rights as well as for any other purpose.

(ii) The original jurisdiction of the State High Court also extends to matters of admiralty, probate, matrimonial, contempt of Court and cases ordered to be transferred from a lower court involving the interpretation of the Constitution to its own file.

(iii) The High Courts of Calcutta, Madras and Bombay exercise original civil jurisdictions when the amount involved is more than two thousand rupees. In criminal cases, it extends to cases committed to them by Presidency Magistrates.

(iv) The High Courts of Calcutta, Bombay and Madras have the original jurisdiction as they had before the enforcement of the new Constitution on hearing straight away cases involving the Christians and the Parsies.

2. Appellate Jurisdiction:
The appellate jurisdiction of the High Court extends to both civil and criminal cases.

• The High Court can hear appeals in civil cases if the amount involved in the case is at least Rs. 5000 or the dispute involves a property of that amount.
• The High Court can hear appeals in criminal cases in which the accused has been sentenced to four years imprisonment by the Sessions Judge.
• The Sessions Judge of a District can award death sentence in criminal cases. But such a sentence is subject to the approval of the High Court.
• The High Court can hear appeals against the decisions of the lower Courts in most of the revenue cases also.
• Any case involving the interpretation of the Constitution or law is brought to the High Court in appeal.
• Appeal in cases of income tax, sales tax etc. can be heard by the High Court.

3. Judicial Review:
Like the Supreme Court of India, the State High Courts have also been vested with the power of Judicial Review. State High Court can strike down any law of the State or any order of the executive if it violates any provision of the Constitution or curtails or takes away any of the Fundamental Rights of the people.

4. Interpretation of the Constitution:
If the High Court feels that a case under consideration of a subordinate Court involves am important question regarding the interpretation of the Constitution it can withdraw a case from the subordinate Courts. Then the High Court interprets the constitution and can decide the case or can send back the case to the subordinate Court for the decision in the light of the interpretation of the High Court.

5. Court of Record:
Like the Supreme Court of India, the State High Courts are also the Courts of Record. As a Court of Record the State High Court has all the powers of such a Court including the power to punish for contempt of itself. Then, the records of such a Court are admitted to be evidentiary value and they cannot be questioned when produced before any Court. Neither the Supreme Court nor the Legislature can deprive a High Court of its power of punishing a contempt for itself.

II. Administrative Powers:
The High Court has also to perform many administrative functions within its territorial jurisdiction. It exercises the power of superintendence and control over all courts and tribunals throughout the territory. This power of the Court, however, does not extend to Military Tribunals. The High Court is responsible to see that the subordinate Courts are working in an efficient manner and that there is no miscarriage of justice. The administrative powers of the High Court are as follows:

1. Except the Military Tribunals, all other Courts and triubunals working within the jurisdiction of the High Court are subject to the superintendence and control of the High Court.

2. The High Court can make and issue general rules and prescribe forms for regulating the practice and proceedings of such Courts.

3. The High Court can prescribe the form in which book entries and accounts shall be kept by the .officers of any Court.

4. The High Court has the power to call for return from such Courts.

5. It is the responsibility of the High Court to see that the inferior Court or tribunal exericses its jurisdiction in accordance with the provisions of laws which it has to administer. Where the inferior Court or tribunal has acted without jurisdiction and passed orders beyond its powers, the High Court may interfere.

6. According to Article 228, if the High Court is satisfied that a case pending in a Court subordinate to it involves a substantial question of laws as to the interpretation of the Constitution it is empowered to withdraw the said case to itself and may either dispose of the case itself or determine the said question of law and return the case to the Court concerned along with a copy of its judgement on that point. It is the duty of that Court to give its judgement’ in accordance with the judgement of the High Court. The Constitution, thus, denies to a subordinate Court the right to interpret the Constitution.

7. The High Court may transfer a case from one Court to another Court, if it deems necessary and in the interest of Justice.

8. According to Article 219, appointments of officers and servants of High Court shall be made by Chief Justice of High Court or such other Judge or officer directed by him. The Governor may in this respect require the Court to consult the State Public Service Commission.

9. The High Court can determine the salary, allowances and other conditions of service of the staff of the subordinate Courts.

10. The High Court has the power to make rules for the promotion, leave, pension and other allowances of the judges of subordinate Courts.

11. The High Court is consulted by the Governor of a State when the latter appoints and promotes district Judges.

Position of the High Court:
In the administration of Justice, the role of the High Court is as vital as that of the Supreme Court. The High Court is the highest Court of a State. All other Courts and tribunals (except Military Tribunals) in the territory of a State are subject to the superintendence and control of the State High Court. Though the High Courts function in States, yet they are free and independent from the control of the State Governments. Neither in their composition nor in their salaries, allowances, pension and other conditions of service, do they depend on State Governments.

Judges of the High Court are appointed by the President in consultation with the governors of the States. And it should not be forgotten that State Governors are also appointed by the President. Then the High Courts are under authority of the Supreme Court. Every effort has been made to make the judiciary independent and impartial. It is gratifying to note that the High Courts have not belied the expectations of the framers of the Constitution.

Question 4.
Discuss the independence of Judiciary in India.
Answer:
To make democracy and federation successful, it is essential that judiciary should be independent and impartial. It is a special feature of the Indian Constitution that it has tried to establish an independent judiciary in the State. In India following methods have been applied to make the judiciary independent:
1. Appointment of Judges:
In India the method of the appointment of the judges is devised in such a way that only able persons could become the judges. It is the President who appoints the judges of the Supreme Court and State High Courts. But the President is not absolutely free in the making of appointment of Judges. In case of the appointment of the Chief Justice of the Supreme Court he is to consult the Chief Justice of State High Courts and he consults other Judges also. He appoints other Judges in consultation with the Chief Justice.

The Chief Justice of the High Court is appointed in consultation with the State Governor and Chief Justice of the Supreme Court. In case of the appointment of other Judges the Chief Justice of the State High Court is also consulted. The Magistrates and Sub-Judges of the subordinate Courts are also appointed through competitive examination. This way the executive cannot appoint Judges of its own accord.

2. Good Salary:
The Judges of the Supreme Courts and High Courts are given a decent salary so that they do not accept lillegal gratification to increase their income. Every effort has been made to keep them above temptation. The Judges of the Supreme Court are given a monthly salary of Rs. 2,50,000 and the Judges of the High Courts are given a monthly salary of Rs. 2,25,000. They are also provided with a rent-free bungalow. They are given a pension after retirement so that they may not face any financial difficulty in old age.

The salary, allowances and service conditions of the Judges are fixed by law by the Parliament. The salary and allowances of the Judges cannot be changed during their tenure of office to their disadvantage. The Parliament can reduce the salary of the future Judges but the salaries of the Judges vyho are in service cannot be reduced.

3. Long and Secured Tenure;
The Judges are kept in service for a pretty long period. The Judges of the Supreme Court remain in office upto the age of 65 years and Judges of the High Court remain in office up to the age of 62 years. They are not retired in young age. They gain experience and knowledge of the profession and perform their duties quite satisfactorily. The tenure of office is also secured. The executive and the legislature have not been empowered to remove the Judges on minor matters. They can’ be removed from office only if the Parliament passes a resolution by two-thirds majority in both the Houses to this effect. They can be removed only on a charge of misbehaviour or incapacity. The Judges are not in any way under the control of the legislature or the executive. They decide cases without any fear or pressure.

4. Legal Qualifications:
Legal qualifications have been prescribed to become the Judges of the Supreme Court and State High Court. Only that person can be appointed a Judge of the Supreme Court who has either practised law for 10 years in a High Court, or he has been a Judge of High Court for five years or he has been an eminent Jurist in the eyes of the President. Only that person can be appointed a Judge of a State High Court who has been an advocate of High Court of 10 years’ standing or who has held a judicial post for 10 years. Therefore an ordinary and inexperienced person cannot be appointed to the post of a judge. Moreover, a man who possesses legal qualifications can best serve as a Judge.

5. Powers:
The judiciary has been given vast powers in India. It can decide a case even against the Government of the country. An individual can move the Court if he has not got justice at the hands of the Government. In case of fundamental rights the citizens can directly go to the Supreme Court or the High Court. The Supreme Court and the High Court have the power of judicial review over the actions of the Government. If an executive or a law passed by the legislature violates fundamental rights or the provisions of the Constitution it can be declared null aiid void by the Supreme Court and the State High Court. The judiciary is free to give a decision against even the Government of India.

6. Independence of Action:
The judiciary-has been given independence in its actions. No Government official or a private individual can interfere in the working of the judiciary. When a case is under trial in a Court no individual can express his opinions regarding that case publicly. No person can criticise the Judge in connection with any case publicly. The instructions and the orders of the judiciary are to be obeyed by all the Government Officials and other private citizens. If a person shows disrespct to the Court, the Court can institute ‘Contempt of Court’ proceedings against that man, and can punish him.

7. No Practice After Retirement:
After retirement, a judge of the Supreme Court is prohibited to practise before any court or authority of India.

Conclusion:
The above mentioned facts clearly indicate that efforts have been made to make judiciary in India independent and impartial. There is no doubt that the Supreme Court and the High Court enjoy independence of action. These Courts can function without any fear Or outside pressure quite independently and impartially. But the Courts at the lower level do not enjoy that much independence.

The salaries of the Judges of the lower Courts are not so sufficient that they may not fall a prey to temptation. In the lower Courts corruption is the order of the day and the poor people cannot hope to get impartial justice. It is only the poor who so many times feel the need of moving the Court for this or that purpose but they do not have the means to move the Court. Need of the hour is to make judiciary independent at the lower level also. But our Government has not given any serious thought to this problem.

Question 5.
Write a short note on Supreme Court’s Power of Judicial Review.
Answer:
Supreme Court is the guardian and final interpreter of the Constitution. The Supreme Court is vested with the power of Judicial review. It is the power of the Supreme Court to declare any law null and void if that law violates the Constitution. Article 13, for instance, bearing the marginal headings, “laws incosistent with or in derogation of the Fundamental Rights”, laid down that all laws in force in India immediately before the Commencement of the Constitution in so far as they were inconsistent with the provisions of Part III shall, to the extent of such inconsistency, be void.

Article 13(2) clearly says, “the States shall not make any law which takes away or abridges the rights conferred by this part and law made in contravention, will be void.” It is the Supreme Court which by its judicial review will decide whether a law in connection with the fundamental rights is void or not. The Court has the power of Judicial review where a citizen moves for the enforcement of the fundamental rights under article 32(2) of the Constitution. When the Court is so moved, it will have to decide whether any legislation or executive action of the Union or of a state, violates a fundamental right, and if so it will “issue directions or orders or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this part.”

Under Article 245, the Supreme Court can review the extent of laws made by legislature of states. Further, Article 246 (3) provided that the legislature of any state has exclusive power to make laws for any subject of the state legislative list. This means that if parliament ever makes a law on any such subject, except in time of emergency, it shall be void. This again could be decided by the Supreme Court alone.

A7rticle 251 laid down that if Parliament made any law on a subject of the state list Under Article 249 (in national interest) and under Article 250 (in times of emergency) and if it conflicted with any law of the state legislature on the same subject whether made before or after the law of Parliament, the law made by the state legislature shall be inoperative to the extent of repugnancy. Whether or not some provisions of the law of the state are repugnant to the provisions of a parliamentary law is decided by the Supreme Court. Under Art. 254 our Supreme Court can also decide inconsistency between laws made by Parliament and laws made by legislatures of states.

Similarly, Under Art, 258 our Supreme Court can also decide inconsistency between laws made by Parliament and laws made by legislature of states. Similarly, Under Art. 258 the Court can review the power of the Union (President) to confer powers etc. on states in certain cases either conditionally or unconditionally. The Supreme Court can also sit on judgement over the continuance in force of existing laws and their adaptations under Art. 372.

The power of Judicial Review of the Supreme Court was restricted by 42nd Amendment. But by 43rd Amendment the same position of the Supreme Court was restored which was before 42nd Amendment.

Extent of Legislation declared Unconstitutional. Since 1950, the Supreme Court decided hundreds of cases involving various laws passed by Parliament and state legislatures from time to time. It exercised its power of Judicial review in a number of cases. In Golak Nath’s case, the Supreme Court decided that the Parliament has no power to amend the provisions of the Fundamental Rights. On 10 February, 1970 Supreme Court declared the Banking Companies Act, 1969 invalid and unconstitutional. The Supreme Court held that the Act violated Article 14 relating to ‘equality before law’, Article 19 (1) concerning right to acquire, hold and dispose of property and Article 31 regarding compulsory acquisition of property.

In Purses and Privileges of Former Rulers case, “the Supreme Court struck down on 15 December 1970, the Presidential order of 16 September 1970 derecognizing the former rulers and held that the power of the President did not extend to the withdrawal of recognizance of all the rulers by a mid night order.” To neutralise the effects of the Supreme Court judgements, in 1971, 24th and 25th Amendment Acts were passed and these Amendment Acts restored to Parliament powers to amend fundamental rights.

The 24th, 25th and 29th Constitution Amendment Acts were challenged in the Supreme Court by Swami Keshavananda Bharati, a Keral religious head, and others on a variety of grounds. The Supreme Court delivered the judgement on 24 April 1973. The Supreme
Court reversed the Golak Nath case ruling &nd upheld Parliament’s right to amend the Constitution including the Fundamental Rights but not ‘the basic structure of framework’ of the Constitution.

On May 9, 1980, the Supreme Court in Minerva Mills case struck down section 55 of the 42nd Amendment Act 1976 which gives unlimited powers to Parliament. The court held that Section 55 of the Act which inserted sub-section (4) and (5) in Article 368 was beyond the amending power of Parliament and was void since it removed all limitations on the power of Parliament to amend the Constitution and conferred power upon it to amend the Constitution in such a manner as to destroy its basic or essential features or its basic structure.

The court also struck down section 4 of the Constitution 42nd Amendment Act amending Article 31C giving primacy to directive principles of state policy over fundamental rights. The court held that whatever Parliament does, it cannot destroy the country’s basic structure. Consequently, any law that tended to radically alter the basic structure must be declared null and void.

By declaring certain sections of the 42nd Amendment as ultra vires of the Constitution the Court has made it plain that the Supreme Court is the final arbiter aiid interpreter of the Constitution.

Short Answer Type Questions

Question 1.
Describe the composition of the Supreme Court.
Answer:
At the time of the commencement of the constitution, the Supreme Court consisted of eight judges including the Chief Justice. In 1956, the maximum number of judges was raised to eleven, including the Chief justice. This number was again raised in 1960 to fourteen including the Chief Justice. In July 2019 the number of Judges was increased from 30 to 33. Thus at present Supreme Court consists of Chief Justice and 33 other judges. Article 127 (I) makes provision for the appointment of adhoc judges also.

Question 2.
How are the Judges of Supreme Court appointed?
Answer:
The Chief Justice of India is appointed by the President in consultation with such judges of the Supreme Court and High Courts as he may deem fit. In the appointment of other judges of the Supreme Court the Chief Justice of India must be consulted by the President. In a landmark order on October 28, 1998 the Supreme Court observed that recommendation made by the- Chief Justice of India should have the sole power to recommend appointments through consensus.

Widening the scope of the consultation process, the Supreme Court said with regard to appointment of judges to the Supreme Court, the Chief Justice of India should consult a collegium of four senior most Judges of the Supreme Court and made it clear that even if two Judges give an adverse opinion, the Chief Justice should hot send the recommendations.

Question 3.
Write down qualifications essential for becoming a Judge of the Supreme Court in India.
Answer:
A candidate for appointment as a Judge of the Supreme Court must fulfil the following qualifications:

• He should be a citizen of India.
• He must have been a Judge of one or more High Courts for five successive years or must have been an advocate of one or more High Courts for ten successive years.
• He should be distinguished jurist, in the opinion of the President.

Question 4.
Explain the salaries and allowances of the Judges of the Supreme Court.
Answer:
The Chief Justice gets a salary of Rs. 2,80,000 per month and the other Judges Rs. 2,50,000 per month. Every Judge of the Supreme Court is entitled without payment of rent to the use of an official residence. The Judges are also allowed travelling allowances when they undertake journey for the performance of their official duties.

The salaries and allowances of the Judges are charged on the Consolidated Fund of India and accordingly, are not subject to the vote of Parliament. Neither the privileges nor the allowances of a Judge nor his rights in respect of leave or absence or pension shall be varied tohis disadvantage after his appointment. The salaries and allowances of the Judges can be reduced by the President during continuance of a Proclamation of Financial Emergency. The Constitution, thus, guarantees to the Judges both security of service and emoluments.

Question 5.
By which process can the judge of the Supreme Court be removed?
Answer:
The judge can be removed from office by the President after an address by each House of Parliament, supported by a majority of the total membership of that House and by a majority of not less than two third of the members of that house present and voting, has been presented to the President, in the same session for such removal on the ground of proved misbehaviour or incapacity.

Question 6.
What are the three types of jurisdiction of the Supreme Court? Explain its original jurisdiction.
Answer:
The main three types of jurisdiction of the Supreme Court are as follow:

1. Original jurisdiction
2. Appellate jurisdiction
3. Advisory jurisdiction.

Original Jurisdiction:
Cases relating to the following matters are brought directly to the Supreme Court:

1. Disputes between the Union and one or more States regarding the division of powers or any constitutional dispute.
2. Disputes between States.
3. Cases relating to the Fundamental Rights.
4. Cases involving a point of law, i.e. where interpretation of the constitution is involved.

Question 7.
Discuss about the appeal in Constitutional Cases.
Answer:
Article 132(1) provides that an appeal shall lie to the Supreme Court from any judgement, decree or final order of a High Court in India whether in a civil, criminal or other proceeding, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. Even if the High Court refuses to give such a certificate, the Supreme Court can grant special leave to appeal if the Court is satisfied, that the case involves a substantive question of law as to the interpretation of the Constitution.

Question 8.
Define the appeal of which criminal cases can be taken to Supreme Court.
Answer:
As regards criminal cases Article 134 provides that an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court if:

1. the High Court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
2. has withdrawn for trial before itself any case from any Court subordinante to its authority and has in such trial convicted the accused person and sentenced him to death; or
3. certifies that the case is fit for appeal of the Supreme Court. Under the Constitution, Parliament may be law widen still further the criminal jurisdiction of the Supreme Court.

Question 9.
Describe the Advisory Jurisdiction of Supreme Court.
Answer:
Under Article 143 of the Constitution, the Supreme Court exercises advisory or consultative functions also. Art, 143 provides that if at any time it appears to the President that a question of law or fact has arisen or is likely to arise which is of public importance, he may refer the question to the Supreme Court for consideration and opinion. Such a question is heard by a Bench consisting of at least five judges and the Court follows the procedure of an ordinary trial. The majority opinion is sent to the President. The judges can hold dissenting opinion as well. The opinion of the Supreme Court is not binding on the President as it is not of the nature of a judicial pronouncement. Nor is it obligatory for the Supreme Court to give its opinion. It may or may not.

Question 10.
Mention the jurisdiction of the Supreme Court.
Answer:
The main three types of jurisdiction are as follows-

1. Original Jurisdiction: Original jurisdiction means cases which start in the Supreme Court and regarding which the Supreme Court has exclusive jurisdiction.
2. Appellate Jurisdiction: The appellate jurisdiction of the Supreme Court can be divided into three main part—-Constitutional, Civil and Criminal.
3. Advisory Jurisdiction: The Supreme Court has the power to advice the President on legal matters but advice of the Supreme Court is not binding on the President.

Question 11.
Describe the composition of the High Court.
Answer:
There is a Chief Justice and some other judges in a high court. Their number is not fixed. The President decides the number from time to time. The Chief Justice and other judges of the High Court are appointed by the President. But in doing so, he consults the Governor of the State and Chief Justice of the Supreme Court. If the High Court has surplus work or its work has been increased temporarily, the President can appoint additional judges on adhoc basis for a period of two years. If a judge abstains for a long time or is incapable of his work, the President can appoint an acting judge in his place.

Question 12.
Describe the qualifications to become a Judge of High Court.
Answer:
No one can be appointed a Judge of the High Court, unless:

• he is a citizen of India ;
• he has held a judicial office in the territory of India for at least ten years; or
• he has been an advocate of one or more High Courts for at least ten years.

Question 13.
How are the Judges of High Court appointed?
Answer:
All the Judges of the High Court, including the Chief Justice are appointed by the President of India. While appointing the Chief Justice and other judges of a High Court, the President is required to consult the Chief Justice of India and the Governor of the state. The Chief justice of India is required to consult only two senior most Judges of the Supreme Court.

Question 14.
Describe the salary and allowances of the Judges of High Court.
Answer:
The Chief Justice of a High Court gets salary of Rs. 2,50,000 per month. Each other Judge of a High Court gets Rs. 2,25,000 per month. In addition to their salaries, they are also entitled to certain allowances. The Judges get pension after retirement. Their salaries and allowances cannot be varied to their disadvantage after their retirement. The salaries and allowances of the Judges are charged on the Consolidated Fund of the State, but their pensions are charged on the Consolidated Fund of India and are not subject to the vote of Parliament. The President is empowered to reduce the salaries of the Judges during the operation of the Proclamation of Financial Emergency.

Question 15.
How the Judges of High court can be removed?
Answer:
Judges of the High Court retire at the age of 62. Prior to the Fifteenth Amendment act, they used to retire at the age of sixty. Judges can resign office earlier by writing to that effect to the President of India. The President can remove the Judge from office on the ground of proved misbehaviour or incapacity. The Procedure of removal is similar to the one used in the removal of a Supreme Court Judge. In other words, Judges of High Courts can be removed by the President on an address of Parliament adopted separately by each House by a majority of its total membership as well as by a two-thirds majority of those present and voting.

Question 16.
Write down the original Jurisdiction of High Court.
Answer:

1. Cases regarding fundamental rights.
2. Cases relating to the subjects like will, contempt of court, divorce, etc.
3. Cases regarding the interpretation of the constitution.

Question 17.
Describe the appellate Jurisdiction of the High Court.
Answer:
The appellate jurisdiction of the High Court extends to both civil and criminal cases.

1. The High Court can hear appeals in criminal cases in which the accused has been sentenced to four years’ imprisonment by the Sessions Judge.
2. The Sessions Judge of a District can award death sentence in criminal cases. But such a sentence is subject to the approval of the High Court.
3. The High Court can hear appeals against the decisions of the lower Courts in most of the revenue cases also.
4. Any case involving the interpretation of the Constitution or law is brought to the High Court in appeal.
5. Appeal in cases of income tax, sales tax, etc. can be heard by the High Court.

Question 18.
What do you understand by the term Judicial Review?
Answer:
The essence of Judicial Review is the competence of a Court of law to declare the Constitutionality or otherwise of a legislative enactment. Judicial review means the power of the Courts to review the acts and’ orders of the legislative and executive wings of government and to declare them, when challenged by the affected person, null and void if they are against the provision of the Constitution. According to Dimock, “Judicial review is the examination by the Courts in case actually before them, of legislative status and executives or administrative acts to determine whether or not they are prohibited by a written Constitution or are excess of power granted by it.”

Question 19.
Write a short note on Supreme Court’s power of Judicial Review.
Answer:
Supreme Court is the guardian and final interpreter of the Constitution. The Supreme Court is vested with the power of Judicial review. It is the power of the Supreme Court to declare any law null and void if that law violates the Constitution. It is the Supreme Court which by its judicial review will decide whether a law in connection with the Fundamental Right is void or not. The Court has the power of judicial review where a citizen moves for the enforcement of the fundamental rights.

Under Article 32 (2) of the constitution, when the Court is so moved, it will have to decide whether legislation or executive action of the Union or of a state, violates a fundamental right, and if so it will ‘issue directions or orders or writs, including writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this part.”

Very Short Answer Questions

Question 1.
Describe the composition of the Supreme Court.
Answer:
In July 2019, the number of Judges was increased from 30 to 33. Thus at present Supreme Court consists of Chief Justice and 33 other judges. Article 127 (I) makes provision for the appointment of adhoc judges also.

Question 2.
How are the Judges of Supreme Court appointed?
Answer:
The Chief Justice of India is appointed by the President in consultation with such judges of the Supreme Court and High Courts as he may deem fit. In a landmark order on October 28, 1998 the. Supreme Court observed that recommendation made by the Chief Justice of India should have the sole power to recommend appointments through consensus.

Question 3.
Write down any two qualifications essential for becoming a Judge of the Supreme Court in India.
Answer:
A candidate for appointment as a Judge of the Supreme Court must fulfil the following qualifications:

• He should be a citizen of India.
• He must have been a Judge of one or more High Courts for five successive years or must have been an advocate of one or more High Courts for ten successive years.

Question 4.
Discuss salaries and allowances of the Judges of the Supreme Court.
Answer:
The Chief Justice gets a salary of Rs. 2,80,000 per month and the other Judges Rs. 2,50,000 per month. Every Judge of the Supreme Court is entitled without payment of rent to the use of an official residence. The Judges are also allowed travelling allowances when they undertake journey for the performance of their official duties.

Question 5.
What are the three types of jurisdiction of the Supreme Court?
Answer:
The main three types of jurisdiction of the Supreme Court are as follow:

1. Original jurisdiction.
2. Appellate jurisdiction; and
3. Advisory jurisdiction.

Question 6.
Explain Appelate Jurisdiction of the Supreme Court.
Answer:
Appeals against the decisions of the lower courts can be filed in supreme court. These appeals can be divided into three parts-constitutional, civil, criminal and special leave to appeal.

Question 7.
Discuss the jurisdiction of the Supreme Court.
Answer:

• Original Jurisdiction.
• Appellate Jurisdiction.
• Advisory Jurisdiction.

Question 8.
Supreme Court is a court of Record Discuss.
Answer:
The Supreme Court is the Court of Record. Hie significance of a court of record is two-fold: First, the records of the Supreme Court are admitted to be of evidentiary value and are not questioned when they are produced before any Court. Secondly, it has the power to fine and imprison for contempt of its authority.

Question 9.
Describe the composition of the High Court.
Answer:
There is a Chief Justice and some other judges in a high court. Their number is not fixed. The President decides the number from time to time. The Chief Justice and other judges of the High Court are appointed by the President. But in doing so, he consults the Governor of the State and Chief Justice of the Supreme Court.

Question 10.
Describe the qualifications to become a Judge of High Court.
Answer:
No one can be appointed a Judge of the High Court, unless:

• he is a citizen of India.
• he has held a judicial office in the territory of India for at least ten years.

Question 11.
Describe the salary and allowances of the’Judges of High Court.
Answer:
The Chief Justice of a High Court gets salary of Rs. 2,50,000 per month. Each other Judge of a High Court gets Rs. 2,25,000 per month. In addition to their salaries, they are also entitled to certain allowances. The Judges get pension after retirement. Their salaries and allowances cannot be varied to their disadvantage after their retirement.

Question 12.
Write down the original Jurisdiction of High Court.
Answer:

• Cases regarding fundamental rights.
• Cases relating to the subjects like will, contempt of court, divorce, etc.
• Cases regarding the interpretation of the constitution.

Question 13.
What do you understand by the term Judicial Review?
Answer:
Judicial review means the power of the Courts to review the acts and orders of the legislative and executive wings of government and to declare them, when challenged by the affected person, null and void if they are against the provision of the Constitution.

One Word to One Sentence Answer Type Questions

Question 1.
Which is the apex Court in India?
Answer:
The Supreme Court.

Question 2.
Where the Supreme Court is situated?
Answer:
The Supreme Court is situated at New Delhi.

Question 3.
Who appoints the Chief Justice of Supreme Court?
Answer:
President appoints the Chief Justice of Supreme Court.

Question 4.
How the Judges of Supreme Court can be removed?
Answer:
The Judges of the Supreme Court can be removed by impeachment only.

Question 5.
What is the tenure of the Judges of Supreme Court?
Answer:
Judges of the Supreme Court hold office till they complete the age of 65 years.

Fill in The Blanks

1. Supreme Court consist of one chief justice and ……………. other Judges.
Answer:
33

2. The Judge of the ……………. of India retire at the age of 65.
Answer:
Supreme Court

3. Number of Judges of the Supreme Court is fixed by ……………. .
Answer:
Parliament

4. Punjab and Haryana High Court sits at ……………. .
Answer:
Chandigarh.

True or False statement

1. The Judges of the Supreme Court are appointed by the President.
Answer:
True

2. The Chief Justice of India gets a salary of Rs. 20000 per month.
Answer:
False.

3. Judges of the High Court are appointed by the Governor.
Answer:
False.

Choose The Correct Answer

Question 1.
The President can seek advice from the Supreme Court on:
(A) Questions of law only
(B) Questions of fact only
(C) Questions of law and fact both
(D) None of these.
Answer:
(C) Questions of law and fact both

Question 2.
Which one of the following is incorrect:
(A) The Supreme Court is the guardian of the Constitution
(B) The Supreme Court is the guardian of the liberty of the people
(C) The Supreme Court is the guardian of the states in the federation
(D) Supreme Court is the guardian of the President.
Answer:
(D) Supreme Court is the guardian of the President.

Question 3.
The Supreme Court of India acts as Federal Court when it deals with:
(A) Fundamental Duties
(B) Inter-State dispute
(C) Directive Principles
(D) Election disputes of the President.
Answer:
(B) Inter-State dispute

Question 4.
Judges of the High Court retire at the age of:
(A) 58 years
(B) 65 years
(C) 60 years
(D) 62 years.
Answer:
(D) 62 years.

Question 5.
Judges of the High Court can be transferred by the:
(A) Parliament
(B) President
(C) Cabinet
(D) Prime Minister.
Answer:
(B) President

Question 6.
The Judges of the Supreme Court are appointed by the:
(A) President
(B) Prime Minister
(C) Chief Justice of India
(D) Parliament.
Answer:
(A) President

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 28 District Administration Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 28 District Administration

Long Answer Type Questions

Question 1.
What do you mean by District Administration? Describe the main features of District Administration.
Answer:
India is a very big country. At present there are 28 States and 9 Union Territories. Each state has been divided into many districts and the officials of the State Government functions in each district. District is the most important, and basic unit of Indian Administration. Every inch of Indian territory is a part of district administration. The administration of each district is placed under the control of a Deputy Commissioner.

Definitions of District:
1. According to Dr. K.N.V. Shastri, “A district is a sufficiently large territory with an over all unity governed by common historical, geographical, social and economic conditions.”

2. According to Chambers Dictionary. “District is a sub-division of a division.” There is no hard and fast rule for fixing up the territorial jurisdiction of a district. The State Governments are authorised to decide the size, territory, name and population of a district. That is why the size of the district varies from state to state.

Types of Districts:
There are different types of districts-
1. Rural Districts:
India is a land of villages and about 70 per cent of its population is of villagers. So the largest number is that of Rural Districts. The average district in India continues to be on the whole a rural district.

2. Urban Districts:
The another type of district is of urban districts. This type of districts are in those territories where the local administration concentrates more on urban problems or urban areas rather than rural ones. Delhi is the best example in this concern.

3. Hilly Districts:
In those territories where the pattern of living is what and that of local administration differs from those of the districts which are situated in plains. Districts of J & K and Himachal Pradesh, etc. can be counted under this, category.

4. Industrial Districts:
This type of districts are found in heavily industrialised areas. Many districts of West Bengal and Bihar are of this type.

5. Backward Districts:
Many districts of India are backward on many grounds. The people of these districts do not enjoy those advantages, which are monopoly of more advanced areas.

Meaning and Definitions of District Administration:
According to S.S. Khera, “The district administration means “the total functions of government in a district.” In other words, “district administration is that part of public administration which functions in the territorial limits of a district.”

In brief, district administration means the management of task of government so far it lies within an area legally recognised as a district. This task is of following types:

1. Executive
2. Judicial
3. Revenue
4. Magisterial
5. Development.

Features of District Administration:
Following are the main features of the district administration-
1. Result of Evolution:
District administration in India is result of evolution. The present systematic form of district administration is a heritage of British Rule, but the roots of district administration can be seen even before British regime.

2. Division of District Administration: For administrative convenience district administration is divided into sub-divisions, tehsils and sub-tehsils.

3. Main Unit of Indian Administration. District administration is the main unit of Indian administration because Government performs its important functions through district administration.

4. Deputy Commissioner is the Head of District Administration:
Deputy Commissioner, generally an I.A.S., is the head of the district administration. D.C. controls and supervises the district administration and responsible to the State Government. Other officials of district administration are also the civil servants.

5. Deputy Commissioner as a Co-ordinator in District Administration:
Every district is headed by D.C. and he is responsible for.the co-ordination among various departments at district level.

6. District Administration under the control of State Administration:
District. administration is the subject of State administration. District administration is responsible to the State Government. Therefore state, government has full control over district administration.

7. Extra Constitutional. District administration is extra constitutional entity:
There is only one reference in the Constitution under Art. 233, to the appointment of district judge, but no other mention at all about a district.

8. District Headquarter is the Heart of District Administration:
District headquarter is top administrative unit of district administration. All the government functions are performed at this level. That is why it is called as the heart and centre of district administration.

9. Welfare Nature:
During British regime the main function was to collect revenue and to maintain law and order. Besides these two major functions presently district administration performs a lot of welfare functions.

10. Maintenance of Law and Order is the Prime Function of District Administration:
The main function of the district administration is to maintain, law and order. The district officers have given different powers to maintain law and order in the district and to protect the life and property of the people. Deputy Commissioner at district level can take appropriate steps to maintain law and order,

Question 2.
What functions does the District Administration perform?
Answer:
District administration has an important place in Indian administration. It performs the following functions:
1. Maintenance of Law and Order:
To maintain law and order in district and to protect the life and property of the people is the most important function of the district administration. For this purpose officials at district level are given different powers. Deputy Commissioner, the head of the district administration can take appropriate steps to maintain law and order.

2. To Administer Justice:
District administration has been given power and responsibility of administering justice at district level.

3. Collection of Revenue:
To collect revenue was the important function during British period and even today this is important function of district administration. All the taxes imposed by the government are collected by district administration.

4. Developmental Functions:
All the developmental programmes and projects are implemented through district administration. Deputy commissioner is the Chief development officer of the district. Five year plans, Community Development Programmes, Co-operation, Panchayati Raj etc, are under the supervision of district administration.

5. Supervision over Local Self-Institutions:
District administration controls and supervises various local self-institutions like Municipal Committee, Punchayati Raj bodies etc.

6. Public Welfare Functions:
Present form of the State is of Welfare State. State performs many welfare and developmental functions. District administration plays a very vital role in this concern. District administration has to provide mariy facilities to people such as to develop education, to encourage industry, to look after public health, to prevent food adulteration, to develop agriculture, to prevent diseases, etc. Various district officials are responsible for the performance of these functions.

7. Help the People in Natural Calamities:
District administration plays a very important role at the time of crisis. It is the duty of the district administration to provide relief in natural calamities like famine, flood, earthquake, etc.

8. Functions Regarding Elections:
District administration makes arrangements for conducting elections for Parliament, State Legislature and Local bodies. To maintain law and order at the time of elections is the important responsibility of the district administration.

9. Essential Services and Supplies:
District administration controls the essential services and supplies in the interest of the society. For this purpose, district administration takes necessary steps.

10. Functions Regarding Census:
In Our country census is conducted after every ten years. A vast personnel system is needed for this purpose. District administration has the responsibility of conducting census in the district and keeping its record. Function regarding census takes place under the Deputy Commissioner in a district. Deputy Commissioner appoints different employees and makes other arrangements for this.

11. Other Functions:
There are many other functions also performed by district administration. These functions include licensing of arms, explosives, petroleum, cinema, etc., receiving V.I.P’.s, arrangement to give facilities to prisoners, protection of monuments or buildings, etc. of historic or national importance, enforcement of liquor or drugs injurious to health, etc.

Question 3.
Discuss the Appointment and Powers of Deputy Commissioner.
Or
“The Deputy Commissioner is the eyes, the ears, the mouth and hands of the State Government.” Discuss.
Answer:
A district is a very important unit of the Indian administration. The chief officer of the district is called the Deputy Commissioner. He is not the agent of any particular department in the district but he represents the government in the district. He runs the district administration on behalf of the government of the State. There are so many government officers like the District Education Officer, District Industries Officer, District Civil Supplies Officer, District Public Relations Officer, District Agriculture Officer, District Excise and Taxation Officer and District Development Officer, etc., in the district.

The Deputy Commissioner is placed above all these officers. He can inspect the working of any department at the district level and can issue instructions regarding the proper functioning of the department. He is responsible to the government for the maintenance of law and order in the district and for making life of the people comfortable. The government issues all its orders in the district through the Deputy Commissioner. The Deputy Commissioner conveys the complaints and difficulties of the people in the district to the government. He is called the eyes, ears, mouth and hands of the government.

Appointment:
The Deputy Commissioner is always an experienced member of the Indian Administrative Services. The President of India appoints the members of the Indian Administrative Services on the recommendations of the Union Public Service Commission. The members of the Indian Administrative Services are governed by the rules and regulations of the central government. They are appointed, promoted and transferred according to the service conditions laid by the Central Government.

The State Government-can appoint and transfer them within the district. Instead of appointing them in the district, they can be appointed in the Secretariat. The State Government can send an I.A.S. officer back to the central government if it is not happy with his work and beyond this the State Government cannot take any action against him. His tenure as Deputy Commissioner is not fixed by law, and it entirely depends upon the will of the State Government. He is paid his salary by the State Government.

Powers of the Deputy Commissioner:
The office of the Deputy Commissioner is very powerful and influential. He has been given vast powers. There is nothing wrong in it if we say that nothing in the district can be done without him. He is the pivot around which the entire district administration revolves. He enjoys both the executive and the judicial powers. He is the District Collector and collects the revenue in the district. It is correct to say that “all strings of the district administration are gathered together in the hands of the Deputy Commissioner.” He enjoys the following powers:

1. As the Chief Executive Officer of the district:
The Deputy Commissioner is the chief executive officer of the district:

1. It is his duty to maintain law and order in the district. He can get the help of the Superintendent of Police for this purpose,
2. He can enforce section 144 in the whole of the district or in a part of it for the maintenance of peace and can forbid an assembly of 5 or more than 5 persons.
3. He can impose curfew if the need for it arises,
4. He enforces all the orders of the State government in the district. He runs the district administration in his capacity as the agent of the State government,
5. It is his duty to send the annual report regarding district administration to the government.
6. He looks after the work of all the mental hospitals, Reform houses, orphanages, and other charitable houses situated in the district in his capacity as the chief executive officer of the district. He can take necessary steps for the reform and proper functioning of such like institutions,
7. He presents the State government an estimate of the annual budget of the district.

2. As the Collector:
In so many states the Deputy Commissioner is called the District Collector. He is responsible for the collection of revenue in the district:

1. For this purpose he is the in charge of the revenue department of one district and he collects the revenue with the help of the officials of this department,
2. He is the head of the district treasury. The treasury officer works under his control,
3. He looks after the collection of sales tax, duty tax and property tax in the district.
4. He keeps account of the sale of tickets in judicial matters and court fee.
5. He hears important cases regarding revenue matters and can hear appeals against the decisions of the Tehsildar.
6. He sends his report to the government regarding damage to the crops. It is on his recommendation that the government makes a reduction in revenue,
7. People are given relief through him in case of famine, floods and drought,
8. He keeps record of the agricultural land and other lands in the district,
9. He manages the government property in the district,
10. He controls the land acquisition work in the district.

3. As the Deputy Commissioner:

1. He is the agent of the State Government in the district and conveys the will of the government to the people and the will of the people to the government,
2. He looks after the working of local self-government institutions like the Municipal Committees, District Boards, Zila Parishad, Panchayat Samitis, Panchayats and other institutions in the district. He can issue them instructions from time to time. Before independence he used to be the head of these Institutions,
3. He can inspect the government offices in the district. He can issue instructions regarding the performance of functions to the officers of these departments,
4. He looks after the public welfare works in the districkand starts various development plans,
5. He manages mental hospitals, reform houses and orphanages in the district,
6. He is the District Election Officer and prepares a list of the voters in the district. It is also his duty to make arrangements for the holding of elections,
7. He helps the people during emergency.

4. As the District Magistrate,
(i) The Deputy Commissioner is also the. District Magistrate,

(ii) All the magistrates in the district work under his control.

(iii) He issues rifle and pistol licences to the people. He also issues licences for the Possession and sale of ammunition and for taking it from one place to another.

(iv) In most of the States the judiciary has not been separated from the executive. In these States the district Magistrate hears important criminal cases. He also hears appeals against the decisions of 2nd and 3rd class magistrates. He looks after the work of the magistrates. In States where executive has been separated from the judiciary, there criminal cases are heard by the Judicial Magistrates and judicial powers of the Deputy Commissioner have been transferred to the Chief Judicial Magistrate.

Change in his tone after Independence:
During British rule the Deputy Commissioner enjoyed much more powers than he enjoys today. He was called the Grand Moghul in those days. He used to be real master of his district. He used to do whatever he liked. He was a mighty power in the administrative system. It was his authority that the people felt directly. It was he who seemed to rule the district. It was to the Deputy Commissioner that the people went with their troubles.

It was from him that they hoped to get justice or help in distress. He was the master of the people and was not one of them. He stood outside and above the people. The Deputy Commissioners were trained to keep themselves aloof from the common people in order that they might play the role of awe-inspiring bureaucrats.

The average district officer aimed at being feared rather than loved by the masses. During British Raj the Deputy Commissioner enjoyed huge powers. He was also the head of the Municipal Committees, District Board and other Local Self-government institutions in the district. He enjoyed vast judicial powers by making use of which he made himself very powerful and influential.

But after independence the position of the Deputy commissioner has undergone a big change. Theoretically there has been no reduction in his powers. In free India, the public officials are required to regard themselves as the servants of the people and not their rulers. The Deputy Commissioner is now supposed to be the first servant of his people. He is to know and respect the sentiments of the people of his district. He is required to maintain a link with his subjects. He is to see that he is easily accessible to his people. Not only this but he is required to seek active-cooperation and assistance of his people.

In addition to this, with the policy of government for transferring powers to Local Self-Government Institutions and also the policy of decentralization, Deputy Commissioner has lost many powers which he used to enjoy in the past. It is, however, good that the Deputy Commissioner has adjusted himself to the new circumstances. He has begun to realize that success of administration does not he in imposing rules and real administration does not flow from above, but depends upon the active cooperation of the people.

He is now a part of the popular government and not an instrument of oppression in the hands of foreign government. He is no longer a means of communication between the people and the government. These functions are now being performed by the M.L.As, The prestige and dignity enjoyed by him under the British regime has vanished. He is now simply one of the important public officials.

Position of the Deputy Commissioner today:
After independence the position of the Deputy Commissioner has undergone a remarkable change and now he does not enjoy as much powers as he enjoyed dining British rule. But it does not mean that today he is not a powerful and influential officer. All the important functions of the government in the district are performed by him. He is the agent of the government in the district. Nothing can be done in the district without his approval. He places before the government the needs of the people, therefore, he is the eyes of the government.

The government comes to know everything about the public through him, therefore, he is the ears of the government. The Government conveys its view-point to the public through him, therefore, he is the mouth of the government. Everything is done by the government through him, therefore, he is the head of the government. The Government can do very little without the assistance of the Deputy Commissioner.

He is the real ruler of the district. The position of the Deputy Commissioner in the district is quite the same as that of the Chief Minister in the State. The revenue and other taxes in the district are collected under his guidance. He is the Chief Executive Officer of the district.

He is District Magistrate. He can inspect any Government Office in the district and can issue any type of instructions to the officials. He can issue orders to the police for the purpose of maintaining of peace in the district. Keeping all these things in view we can say that “All strings of the district administration are gathered together in the hands of the Deputy Commissioner.”

Short Answer Type Questions

Question 1.
Describe four types of Districts in India.
Answer:
1. Rural Districts:
India is a land of villages and about 70 per cent of its population lives in villages. So the largest number is that of rural districts. The average district in India continues to be on the whole a rural district.

2. Urban District:
The another type of district is an urban district. This type of districts are in those territories where the local administration concentrates more on urban problems or urban areas rather than rural ones.

3. Hilly Districts:
In those territories where the pattern of living is of what and that of local administration differs from those of the districts which are situated in plains.

4. Industrial Districts: This type of districts are found mainly in industrialised areas.

Question 2.
What do you mean by District Administration?
Answer:
District administration is the basic unit of Indian Administration. According to S.S. Khera, ‘The district administration means, the total functions of government in a district.” In other words district administration is that part of public administration which functions in the territorial limits of a district. In brief, district administration means the management of task of government so far it lies with an area legally recognised as a district. This task is of following types:

1. Executive,
2. Judicial,
3. Revenue,
4. Magisterial,
5. Development.

Question 3.
Mention four features of District Administration.
Answer:
1. Result of Evolution:
District administration in India is a result of evolution. The present systematic form of district administration is a heritage of British rule, but the roots of district administration can be seen even before British regime.

2. Main Unit of Indian Administration:
District administration is the main unit of Indian administration because Government performs its important functions through district administration.

3. Deputy Commissioner is the Head of District Administration:
Deputy Commissioner, generally an I.A.S., is the head of the district administration. D.C. controls and supervises the district administration and is responsible to the State Government.

4. Extra Constitutional:
District administration is extra constitutional entity. There is one reference in the Constitution under Art. 233, to the appointment of district judge, but no other mention at all about a district.

Question 4.
Describe four functions of District Administration.
Answer:

1. Maintenance of Law and Order: To maintain law and order and to protect the life and property of the people is the most important function of district administration.
2. To Administer Justice: District administration has been given power and responsibility of administering justice at district level.
3. Collection of Revenue: District administration collects the revenue through various taxes imposed by the government.
4. Development Functions: All the developmental programmes and schemes are implemented through district administration.

Question 5.
How the Deputy Commissioner is appointed?
Answer:
The Deputy Commissioner is the head of district administration. The Deputy Commissioner is always an experienced member of the Indian Administrative Services. Officers of Indian Administrative Services are appointed at the post of Deputy Commissioner by the President of India on the recommendation of the Union Public Services Commission. The members of Indian Administrative Services are governed by the rules and regulations of the Central Government. They are appointed, promoted and transferred according to the service conditions laid by the Central Government.

Question 6.
Give four functions of Deputy Commissioner.
Answer:
Following are the main functions of the Deputy Commissioner:

1. Deputy Commissioner is the chief executive officer of the district. He controls and supervises the entire district administration.
2. To maintain law and order is his important function. For this purpose Deputy . Commissioner has been given power to take appropriate steps.
3. He is responsible for the collection of revenue in the district. He is the head of the district treasury.
4. As a development officer Deputy Commissioner is responsible for the implementation of all developmental programmes and plans.

Question 7.
Discuss the role of Deputy Officer as a Collector.
Answer:
The Deputy Commissioner is also called the Collector. During British period one of the important functions was to collect revenue. Even after the independence collection of revenue is his important function. As a collector, Deputy Commissioner performs following functions:

1. D.C. is the incharge of the revenue department of one district and he collects the revenue with the help of the officials of his department.
2. He is the head of the district treasury. Treasury officer works under his control.
3. He looks after the collection of sales tax, duty tax and property tax in the district.
4. He hears important cases regarding revenue matters and can hear appeals against the decision of the Tehsildar.

Question 8.
Mention four functions of Deputy Commissioner as the Chief Executive officer of the district.
Answer:
The Deputy Commissioner is the chief executive officer of the District. As a chief executive officer of the District, the Deputy Commissioner performs the following functions:

• It is his important duty to maintain law and order in the district. He can take appropriate steps for this purpose.
• He can enforce section 144 in the whole of the district or in a part of it for the maintenance of peace and can forbid an assembly of 5 or more than 5 persons.
• He enforces all the orders of the State Government in the district.
• It is his duty to send the annual report regarding district administration to the Government.

Question 9.
What do you know about Superintendent of Police?
Answer:
Superintendent of police is the highest officer of police administration in the district. He is a member of Indian Police Service. All the police force of the district works under his control. He is responsible for maintaining peace and order, for arresting the criminals and for the prevention of crimes in the district. He acts according to the instructions of the District Magistrate regarding the maintenance of peace in the district. He can transfer the officials of the police of the district within the district. He appoints the district policeman.

Question 10.
What do you know about District Education Officer?
Answer:
The head of the education department in the district is called the District Education Officer. He supervises and inspects the schools in the district. He is responsible for the educational set up of the district. He also makes recommendations for the grant of aids of the educational institutions in his district.

He is an important officer of the State’s education department. He helps the Deputy Commissioner in looking after the educational requirements in the district. He also sees to it that there is discipline in the schools. He makes transfers of teachers from one school to the other school within the district.

Question 11.
What do you know about District and Session Judge?
Answer:
The judicial department of the district is under the control of the District and Session Judge. He hears appeals in civil and criminal cases against the decisions of the subordinate courts of the district. The District Judge is under the control of the State High Court and the District Magistrate cannot interfere in his functions. He appoints the menial staff of the courts. He can inspect all the courts of the district and can issue any type of instructions to them. He can award death punishment in criminal cases. He is the guardian of the property of those who are not adults. He is also the guardian of disputed property and also of the property which belongs to nobody.

Question 12.
Write a short note on Advocate General.
Answer:
Advocate General is appointed by the Governor on the advice of Council of Ministers. The Advocate General is the legal advisor to the state Govt. He discharges such legal functions as are assigned to him time to time. The constitution laid down for the qualification is that he should be qualified to be a judge of a High Court. When the different departments drafted some bill, he uses to examine that. He is not a member of state legislature, but he can attend the meetings. He has the right to take part in the activities of the legislative and to speak in it. But he has not been given the right to vote.

Very Short Answer Type Questions

Question 1.
Explain any two types of Districts in India.
Answer:

1. Rural Districts: India is a land of villages and about 70 per cent of its population lives in villages. So the largest number is that of rural districts. The average district in India continues to be on the whole a rural district.
2. Urban District: The another type of district is an urban district. This type of districts are in those territories where the local administration concentrates more on urban problems or urban areas rather than rural ones.

Question 2.
What do you mean by District Administration?
Answer:
District administration is the basic unit of Indian Administration. In other words district administration is that part of public administration which functions in the territorial limits of a district. In brief, district administration means the management of task of government so far it lies with an area legally recognised as a district. This task is of following types: .

1. Executive
2. Judicial
3. Revenue
4. Magisterial
5. Development.

Question 3.
Write down any two features of District Administration.
Answer:
1. Result of Evolution:
District administration in India is a result of evolution. The present systematic form of district administration is a heritage of British rule, but the roots of district administration can be seen even before British regime.

2. Main Unit of Indian Administration:
District administration is the main unit of Indian administration because Government performs its important functions through district administration.

Question 4.
Describe two functions of District Administration.
Answer:

1. Maintenance of Law and order: To maintain law and order and to protect the life and property of the people is the most important function of district administration.
2. To Administer Justice: District administration has been given power and responsibility of administering justice at district level.

Question 5.
Give two functions of Deputy Commissioner.
Answer:
Following are the main functions of the Deputy Commissioner:

• Deputy Commissioner is the chief executive officer of the district. He controls and supervises the entire district administration.
• To maintain law and order is his important function. For this purpose Deputy Commissioner has been given power to take appropriate steps.

Question 6.
Explain the role of Deputy Officer as a Collector.
Answer:

• D.C. is the incharge of the revenue department of one district and he collects the revenue with the help of the officials of his department.
• He is the head of the district treasury. Treasury officer works under his control.,

Question 7.
Mention any two functions of Deputy Commissioner as the Chief Executive officer of the district.
Answer:
The Deputy Commissioner is the chief executive officer of the District. As a chief executive officer of the District, the Deputy Commissioner performs the following functions:

• It is his important duty to maintain law and order in the district. He can take appropriate steps for this purpose.
• He can enforce section 144 in the whole of the district or in a part of it for the maintenance of peace and can forbid an assembly of 5 or more than 5 persons.

Question 8.
What do you know about Superintendent of Police?
Answer:
Superintendent of police is the highest officer of police administration in the district. He is a member of Indian Police Service. All the police force of the district works under his control. He is responsible for maintaining peace and order, for arresting the criminals and for the prevention of crimes in the district.

Question 9.
Write a note on District Education Officer?
Answer:
The head of the education department in the district is called the District Education Officer. Ifo supervises and inspects the schools in the district. He is responsible for the educational set up of the district.

One Word to One Sentence Answer Type Questions

Question 1.
How many states and Union territory are there in India.
Answer:
At present there are 28 States and 9 Union territories.

Question 2.
Write down any two types of districts.
Answer:
1. Rural districts
2. Urban districts.

Question 3.
Write down any one feature of district administration?
Answer:
District Administration in India is result of evolution.

Fill in the blanks

1. ……………… is the head of district administration.
Answer:
Deputy Commissioner

2. ……………… is the heart of district administration.
Answer:
District head quarter

3. In the district the head of the police department is a ……………… of police.
Answer:
Superintendent.

True or False statement

1. The district administration maintain the law and order in the district.
Answer:
True

2. D.C. is responsible for the co-ordination among various department.
Answer:
True

3. D.C. is not head of the district treasury.
Answer:
False.

Choose The Correct Answer

Question 1.
Which of the following is the basic unit of Indian administration?
(A) District
(B) Village
(C) Block
(D) State.
Answer:
(A) District

Question 2.
Every district is headed by:
(A) S.D.M.
(B) Chief Minister
(C) Commissioner
(D) Deputy Commissioner.
Answer:
(D) Deputy Commissioner.

Question 3.
Who is the pivot of district administration?
(A) Superintendent of Police
(B) District and Session Judge
(C) Deputy Commissioner
(D) District Health Officer.
Answer:
(C) Deputy Commissioner

Question 4.
Who said, “District administration means, the total functions of government in a district”?
(A) S.S. Khera
(B) V.K. Puri
(C) K.K. Puri
(D) M.P. Sharma.
Answer:
(A) S.S. Khera

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 23 Union and State Relations Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 23 Union and State Relations

Long Answer Type Questions

Question 1.
Discuss the legislative relations between the center and the states in Indian Constitution.
Or
How have the legislative powers been distributed between the center and the states?
Answer:
The Constitution of India very clearly distributes the legislative powers between the Center and the States. Both the sets of governments can frame laws independently in their respective spheres. There are three lists of powers given in the Constitution:

1. Union List:
In the Union list there are 97 subjects. The laws on all these 97 subjects can be framed by the Federal Government i.e., the Parliament of India. The list contains subjects of national importance. These subjects concern all the citizens of India equally. Subjects mentioned in this list are defence, foreign affaris, peace and war, communications, railways, posts and telegraph, currency and coinage, banking, foreign trade, shipping and civil aviation, etc. Laws framed on these subjects are enforced in all States and on all citizens equally.

2. State List:
In the state list there are 66 subjects. These subjects can be legislated upon by the States. Subjects mentioned in this list are like the law and order, police, jails, public health, education, agriculture, local self-government, hospitals, justice, organisation of judiciary except Supreme Court and High Courts, forests, revenue and unemployment, etc. The State Legislature frames laws on these subjects according to its will.

3. Concurrent List:
There are 47 subjects in the concurrent list. The subjects mentioned in the concurrent list are like the marriage, divorce, criminal law, civil procedure, newspapers, books, printing presses, electricity, price control, economic and social planning, trade unions, labour welfare, industrial and labour disputes, social security, legal and medical professions, bankruptcy, contempt of Court, adulteration of food stuffs, drugs and poisons, etc.

The principle underlying concurrent jurisdiction is that both the Centre and the States can frame laws on the subjects mentioned in the concurrent list. But if there is a conflict between the two, the Union law prevails and the state law fails to the extent of repugnancy. It is further provided that if the law, in question, made by the state legislature has been reserved by the Governor of the State concerned for the consideration of the President of India and has received his assent, then it will not be invalid. But Article 254 (2) empowers the Parliament to make a law with respect to the same subject matter adding to amending, varying or repealing the law made by the state with presidential assent.

Union Government is more powerful. From the distribution of powers between the Centre and the States it is clear that the Union government is more powerful than the States.
1. Residuary Powers:
Residuary powers have been allotted to the Central government by the Constitution. But in U.S.A., and Switzerland the residuary powers have been given to the States. It seems that the framers of the Constitution have followed the Canadian example with a view to keep the Centre in a very strong position.

2. Encroachment over the State list by the Union:
The Constitution gives the States power to frame laws on all the subjects included in the State list. But the Central Government has the authority to interfere even in these powers of States under certain special circumstances.

(i) At the resolution of Rajya Sahha. The Union Parliament will be authorized to pass a law on a subject list about which the Rajya Sabha passes a resolution with 2/3rd majority of the members present and voting saying that subject has attained national importance. Such a resolution of the Rajya Sabha will give the Parliament the legislative power for one year at a time. The power may extended yearly till the need is felt. The law of the Parliament in such circumstances will come to an end six months after the lapse of the resolution of the Rajya Sabha.

(ii) At the request of two or more states. Article 252 empowers the Parliament to legislate on a matter in the State list if two or more states desire that any of the matter in the State list be regulated by the Parliament. Any act so passed cannot be amended by a state legislature of which the law – applies.

(iii) On the failure of Constitutional machinery in the state. The Parliament is empowered to pass laws on the State subject for the State in which emergency has been proclaimed because of the failure of constitutional machinery. It may delegate its legislative power concerning the State to President of India if it so deems necessary.

(iv) At the time of emergency arising due to war, external aggression and armed revolt. The Parliament has the authority to pass laws on any subject of the State list during the emergency proclaimed because of war and external aggression, etc. Such a law may be made for the whole of India or any part thereof.

(v) To enforce international treaties, agreements and decisions of international conferences. The Parliament has the power to make law on any item of the State list in order to implement some international treaty or agreement or convention.

(vi) Prior approval before introducing the bill. Some bills require previous sanction of the President before their introduction in the State Legislature e.g., bill concerning restrictions on the Inter-State trade.

(vii) Assent of the President on certain bills is essential. Some bills are reserved by the Governor for the signature of the President after being pased by the State legislature, e.g., bills concerning restriction on the powers of High Courts or bills concerning acquisition of property by the State by paying compensation, etc. The President has the power of absolute veto over the bills which are thus reserved by the Governors for his signature.

A critical examination of legislative relations leaves the impression that the Centre is very powerful in legislative matters and it can impose its will on the State’ All subjects of national importance are in the Union list and in the Concurrent list. Centre is all powerful. It is rightly remarked by K.V. Rao that a mere glance at the State list “shows how unimportant the subjects are and also how ambiguous and blurred.”

Moreover, the Centre has strengthened its hand by virtue of taking recourse to the facilities provided to it as mentioned above. The way the Centre acted in the case of the Kerala Education Bill (1958) clearly proves that the legislative powers of the State are very limited. It has been remarked by S.N. Jain and Alice Jacob that “the Centre while communicating assent has often tended to dictate its policies to the States, though actual assent has been refused only in a few cases.” R.P. Pandey rightly feared that “the whole frame of the federal Constitution” falls if the President is pleased to take a more active part in the consideration of State Bill.

Question 2.
Discuss the administrative relations between the Union and the States in India.
Answer:
Like the legislative powers the administrative powers are also divided between the Centre and the States. Administrative relations between the Union and the States largely follow the pattern laid down by the Government of India Act of 1935. Like legislative sphere, the Union is very strong in administrative matters.

According to Dr. Johri, ‘Though the areas of executive authority have been marked both for the Union and the States, the latter have become more or less like the vassals by virtue of the colossal power of the direction, superintendence and control vested in the hands of the Central Government.” As given in Part XI of the Constitution of India, the provisions of the Union-State Administrative relations are as,follows:

1. Art. 162 provides that the executive power of the Union extends to all matters on which Parliament can make laws. On the other hand, the states have executive powers over matters included in State List. In matters included in the Concurrent List the executive functions ordinarily remainwith the states.

2. Art. 256 says that the executive power of every state shall be so exercised as to ensure compliance with the laws made by the Parliament.

3. It is the function of the State executive to see that it does not become a hindrance in the way of the Central executive. For this purpose also the Central Government is empowered to issue direction to State executive.

4. The Central Government may ask the State Government to construct and maintain the means of communication of national and military importance. The Central Government may direct the State Government to protect the railway lines and the trains passing through the States.

5. The State executive is to see that the laws made by the Parliament and the other laws prevalent in the States are very well executed. The Central Government is authorized to give directions to the State governments for this purpose.

6. The President of India appoints the State Governors on the advice of the council of ministers at the Centre. He has the powor to remove them as well. That is why the Governors normally work as representatives of the Central Government in the States. They submit reports to the Centre about the conditions of the State off and on.

7. The federal government can enquire into the charges levelled against the Chief Ministers and may persuade them to vacate the office when the charges are proved.

8. The President can depute any of the State employees to work in accordance with the wishes of the Union Government. Of course the Central Government will pay to the State Government for the extra expenditure made in carrying out the orders.

9. The Parliament can make rules regarding the dispute between the two States with regard to the use of water and boundaries.

10. The President can form an Inter-State Council to advise the States in disputes.

11. All the big officers of the States are manned by the members of the All India Services. These officers are governed by the rules and regualtions of the Union Government.

12. The Union Government can hold a conference of the representatives of State governments to discuss the common problems of the States. The Union Government can ask the State governments to carry out the decisions taken at such conferences.

13. The Union Government enjoys vast powers during emergency. The Central Government may issue instructions to the State governments concerning any subject during the emergency proclaimed because of war or external aggression etc. During the operation of proclamation of emergency, the Union Government can take over the legislative and administrative powers of all the States and, thus suspend the working of federal polity for the country as a whole. As far as the Emergency proclaimed because of the failure of the Constitutional machinery of a State is cocerned, the powers of the State executive go to the Central Executive and the assembly of the State is dissolved and the Council of Ministers is dismissed.

14. If the Parliament makes laws declaring high waterways to be national highways or national waterways then the union government may undertake their construction and maintenance.

15. In Indian federal administration, trade commerce and intercourse is free throughout the country. The parliament has a power to restrict such intercourse for public interest. The states have no such freedom.

In administrative sphere, the Union Government is powerful. Though Governor is a constitutional head, yet he is the representative of the Centre and many times Centre intervenes in the the State affairs through governor. The Union Government is able to penetrate quite deep into the administrative affairs of the state through All India Services.

The way the Central Reserve Police was used by the Centre in Sept. 1968 to deal with the situation created by the strike of Central Government employees in Kerala was criticised by the opposition parties. But L.M. Singvi is of the opinion that “If properly understood, one must appreciate this observation that the use of the Central Reserve Police has proved a very effective device to exercise control over the recalcitrant States so that they do not run in flat contradiction to the spirit of the Constitution or important national policies.”

Question 3.
Discuss the financial relations between the Centre and States in India.
Answer:
If the legislative and administrative autonomy of the States are to be real then it must be accompanied by an adequate financial autonomy. It is an accepted principle of the federation that both the Union and the State Governments must have enough sources of revenue to carry out their legislative and administrative business. In India the financial powers have also been distributed between the Centre and the States.

The Central Government can impose the following taxes: income tax excepting the agricultural income, import and export duty, excise duty on tobacco, taxes on newspapers, taxes on railway fares and freights, corporation tax, estate duty on property other than agricultural land, terminal taxes on goods or passengers carried by air, sea or railway, taxes on the sale or purchase of goods in the inter-State commerce etc.

The power of the States, regarding the imposition of taxes extends to the he following matters-land revenue, taxes on agricultural land, income estate duty on agricultural land, taxes on lands and buildings, excise duty on alcoholic liquor, taxes on electricity, taxes on goods and passengers carried by road or on, inland waterways, taxes on vehicles, taxes on boats and animals, professional tax, taxes on luxuries, stamps duties, etc. But it is not enough to study the divisions of the power of taxation between the Centre and the States because the financial relations of the Centre and the States are complicated as given below:

1. There are faxes which are exclusively Central, and the revenues from which are wholly appropriated for the use of the Central government. These include export duties, corporation tax, taxes on the capital value of the assests, exclusive of agricultural land of individuals and companies.

2. Some taxes are levied by the Central Government and are also collected by it. But the income from these taxes is distributed among the States, for example income from income tax.

3. There are certain taxes which are levied by the Centre, but are collected by the States and appropriated by them for their own use. They are stamp duties and excise duties on medicinal and toilet preparations containing alcohol.

4. Some taxes are such as are levied and collected by Centre and those are distributed between the Centre and the States. Income tax on income other than from the agricultural land, is included in this category. Income tax is distributed between the Centre and the States on the recommendations of the Finance Commission. The share of union territories goes to the Cenrtre. Excise duties of the union other than those on medicine and toilet preparations, will be levied and collected by the Centre but may be distributed between the Centre and the States in accordance with the law made by the Parliament.

5. The States of Assam, West Bengal, Bihar and Orissa get grants-in-aid in lieu of the export duty on jute products on the recommendations of the Finance Commission.

6. Grants-in-aid. The Parliament may by law decide to give grants-in-aid to such States as are in need of the same in its opinion. The Centre may give special grants-in-aid to the states to complete some special plans for development. It is for the Union Parlimament to fix the extent of these grants and the Union government can lay down the condition, under which they are to be administered.

7. The Union Government may give loans to the states subject to the conditions laid down by an act of the parliament or may guarantee loans to the states provided that the limits set by the parliament to the Union loan are not exceeded.

8. The Comptroller and Auditor-General of India is appointed by the President and the Parliament may entrust duties and grant him such powers in relation to state accounts as it may deem proper.

9. The Parliament may by law impose certain restrictions on the inter-state trade for public purpose. But if a State Legislature wants to pass such law, it will require the previous sanction of the President.

10. The President appoints the Finance Commission of India for a term of five years. The Finance Commission recommends to the President the distribution of taxes between the centre and the states. Financial Emergency can be proclaimed by the President if he is satisfied that the financial stability or credit of India is threatened.

In such an Emergency also the powers of the federal Government increase as far as the financial sphere is concerned. The Central Government may issue any directions of financial nature to the States in such an Emergency. The money bills passed by the state legislatures will be reserved for the signatures of the President. The President may reduce the salaries of any category or categories of government servants including the judges of the Supreme Court and the High Courts.

Short Answer Type Questions

Question 1.
Mention briefly the legislative relations between the Centre and the states in India.
Answer:
The Constitution of India very clearly distributes the legislative powers between the Centre and the states. There are three lists of powers given in the Constitution Union List, State List and Concurrent List.

1. Union List: There are 97 subjects and Parliament can make laws on these subjects.
2. State List: There are 66 subjects and on these subjects only states are competent to make law.
3. Concurrent list: There are 47 subjects. Both the Centre and the States can frame laws on these subjects. But if there is a conflict between the two, the Union law prevails.
4. Residuary Powers: Residuary powers have been allotted to the Central government by the Constitution.

In legislative matters Centre is more powerful than the States. The Central government has the authority to make laws on the subjects mentioned in the state list under certain special circumstances.

Question 2.
Discuss briefly the financial relations between the Centre and the States in India.
Answer:
In India the financial powers have been distributed between the Centre and the States.

1. There are certain taxes which are exclusively assigned to the Central government.
2. There are certain taxes which are exclusively assigned to the State governments.
3. There are taxes which are exclusively central and the revenue from the wholly appropriated for the use of the Central government.
4. Some taxes are levied and.collected by the Central government, but the income is distributed among the States.

Question 3.
How is the scheme of distribution of subjects between the Centre and the States is in favour of the Centre?
Answer:
The scheme of distribution of powers between the Centre and the States is clearly in favour of the Centre. The Union List consists of 97 subjects where State List includes 66 subjects only. Moreover, the Union List contains subjects of national importance, whereas State List includes subjects of local importance.

On 47 subjects of Concurrent list both the centre and state can frame laws but if there is a conflict between the two, the union law prevails and the state law fails to the extent of repugnancy. Residuary powers are also with the centre. Under certain special circumstances the centre has a right to make law on the subjects contained in the State list.

Question 4.
What are the causes of tension between the relationship of the centre and the states?
Answer:
There are many causes of tension between the relationship of the centre and the states. Followings are some of them:

• The division of financial resources and the system of financial relations as laid down by the constitution of India is the root cause of tension. The States find themselves financially poor and dependent on the centre.
• Another major cause of tension is the dual role of the governor as the agent of the centre and the constitutional head of the state.
• Misuse of Article 356.
• Deployment of Central Forces in the States.

Question 5.
In what way the tension between the centre and state can be reduced?
Answer:

• The states should be given adequate source of revenue.
• There should be Clarify in the role of governor.
• Art. 356 should not be misused for political purposes.
• The centre should not misuse its power to amending the Constitution.

Very Short Answer Type Questions

Question 1.
Mention briefly the legislative relations between the Centre and the states in India.
Answer:
There are three lists of powers given in the Constitution-Union List, State List and Concurrent List.

1. Union List: There are 97 subjects and Parliament can make laws on these subjects.
2. State List: There are 66 subjects and on these subjects only states are competent to make law.
3. Concurrent list: There are 47 subjects. Both the Centre and the States can frame laws on these subjects. But if there is a conflict between the two, the Union law prevails.
4. Residuary Powers: Residuary powers have been allotted to the Central government by the Constitution.

Question 2.
Discuss briefly the financial relations between the Centre and the States in India.
Answer:
In India the financial powers have been distributed between the Centre and the States.

• There are certain taxes which are exclusively assigned to the Central government.
• There are certain taxes which are exclusively assigned to the State governments.

Question 3.
What are the causes of tension between the relationship of the centre and the states?
Answer:
The division of financial resources and the system of financial relations as laid down by the constitution of India is the root cause of tension. The States find themselves financially poor and dependent on the centre. Another major cause of tension is the dual role of the governor as the agent of the centre and the constitutional head of the state.

Question 4.
In what way the tension between the centre and state can be reduced?
Answer:

• The states should be given adequate source of revenue.
• There should be Clarify in the role of governor.

One Word to One Sentence Answer Type Questions

Question 1.
In which article It Is mentioned that India will bé ‘Union of States’?
Answer:
Article I of indian Constitution.

Question 2.
From which country we have taken the idea of ‘Union of States?’
Answer:
Canada.

Question 3.
How many subjects are in the Union List?
Answer:
There are 97 subjects in the Union List.

Question 4.
How many subjects are in the State List?
Answer:
There are 66 subjects in the State List.

Question 5.
How many subjects are in the Concurrent List?
Answer:
There are 47 subjects in the Concurrent List.

Fill in The Blanks

1.In the Union List there are subjects.
Answer:
97

2. In the State Lists there are subjects.
Answer:
66

3. There are 47 subjects in the List.
Answer:
Concurrent.

True or False statement:

1. The State governors are appointed by Chief Minister.
Answer:
False

2. In India, Residuary powers have been allotted to the State government.
Answer:
False

3. The President can form an Inter-States Council to advice the states in disputes.
Answer:
True.

Choose The Correct Answer

Question 1.
Which one of the following articles declares India a ‘Union of States’?
(A) Art. 1
(B) Art. 10
(C) Art. 4
(D) Art. 2.
Answer:
(A) Art. 1

Question 2.
Who said, “The Indian Constitution is neither purely federal nor unitary but a combination of both.”
(A) D.D. Basu
(B) Dr. Jennings
(C) G.N. Singh
(D) Dr. John.
Answer:
(A) D.D. Basu

Question 3.
Union List includes:
(A) 66 Subjects
(B) 47 Subjects
(C) 97 Subjects
(D) 98 Subjects.
Answer:
(C) 97 Subjects

Question 4.
State List includes:
(A) 66 Subjects
(B) 47 Subjects
(C) 62 Subjects
(D) 52 Subjects.
Answer:
(A) 66 Subjects

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 22 Indian Federal System Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 22 Indian Federal System

Long Answer Type Questions

Question 1.
Discuss the nature of Indian Federalism.
Or
Describe the major characteristics of Indian Federal System.
Or
‘The Indian Constitution is federal in nature but unitary in spirit.’ Examine the statement.
Answer:
The Constitution of India establishes a federal system of government in the country. But the federal system of government in India has come under severe criticism at so many hands. Many people are of the view-point that the constitution of India is only federal in form but it is unitary in spirit. The administration has been organized in such a way that the units of federation cannot exercise their powers independently and they are merely reduced to administrative territories of the union.

The American Constitution established the federal system of government in U.S.A. first of all. In America the units enjoy more powers as compared to the Central government. In Switzerland also the Cantonal governments are more powerful than the Central government. But knowing all this the Indian Constitution allotted more powers to the union government and the states were given an insignificant position.

Dr. Basu is of the opinion that “The Constitution of India is neither purely federal, nor purely unitary, but is combination of both.” In the words of K.C.Wheare, “The Indian Constitution establishes a system of government which is at the most quasi-federal and revolutionary in character; a unitary state with subsidiary federal features rather than a federal state with unitary features.”

Question 2.
What are the major characteristics that made the Indian Constitution a Federal Constitution?
Or
Describe the major characteristics of Indian Federal System.
Answer:
Following are the main features of Indian federation:
1. Division of Powers:
The Constitution of India has established two forms of governments-union government and state governments. The Constitution distributes powers between these two sets of governments. There are three lists of powers in the Constitution-

• Union list,
• State list and
• Concurrent List.

The Union list consists of 97 subjects: 42nd Amendment inserted 2 A in the Seventh Schedule of the Constitution. In the union list those subjects have been included on which the central parliament can pass laws or levy taxes e.g. Defence, Atomic energy, Foreign affairs, War and Peace, Railways, Navigation, Post and Telegraph, Banks, Insurance, Census, Income-tax, Customs, Estate duty etc.

There are 66 subjects in the State list. In the State list those subjects are included on which, normally, the state legislature can pass laws or levy taxes, e.g., police, jails, local government, agriculture, forests, public services of the states, revenue, income- tax on agricultural income, professional tax, etc.

The Concurrent list consists of 47 subjects. The subjects included in the Concurrent list are criminal law, criminal procedure, marriage and divorce, bankruptcy, civil procedure, administration of , justice, forests, protection of wild animals and birds, population control and family planning, education, weights and measures except establishment of standards, etc.

On these subjects both the centre and the states can pass laws, but if there is a clash between a law of the centre and that of the State or States, the latter will automatically be null and void to the extent it comes into clash with the law of the Centre. The residuary powers have been given to the Centre by the Constitution.

2. Written Constitution:
The Indian Constitution is written and rigid. The Indian I Constituent Assembly sat from December 9, 1946 to November 26, 1949 to frame the Constitution of India. Every Article of the Constitution was passed after due ! consideration. Indian Constitution consists of 395 Articles and 12 Schedules.

3. Rigid Constitution:
The Constitution of India is also a rigid one. It is said that the Indian Contitution had adopted the middle course of the flexible and rigid Constitution. Certain articles of the Indian Constitution can be amended by the Parliament with simple majority only e.g. the Articles concerned with the formation of new states, scheduled castes and scheduled tribes, allowances of the members of parliament, Indian citizenship, etc. The remaining Constitution can be amended in accordance with the procedure laid down in Article 368.

The Constitution according to this Article can be amended by absolute majority and 2/3rd majority of the members present and voting in both the houses separately. But if the amendment is concerned with the articles mentioned in the Article 368, the approval of 50% of the states will be required in addition to the above written process in the parliament. The procedure of amendment given in Article 368 i.e., special majority in both the houses and approval of 50% states for some articles cannot, in any case, be called the simple procedure rather it is a special procedure because of which the Constitution of India is rigid.

4. Supremacy of the Constitution:
The Constitution in a federation is always kept supreme. The supremacy of the Constitution has been maintained in India too. The central and the state governments in India have to act in accordance with Constitution as the latter is above the government. The power of judicial review is kept in order to maintain the sanctity of the supremacy of the Constitution.

5. Supremacy of the Judiciary:
In a federal system of government, the judiciary is given a special place. The Indian Constitution establishes a powerful and independent judiciary in India. It decides disputes between the Centre and the States. It interprets the Constitution also. The interpretation of the Constitution given by the judiciary is considered final and the most authentic. It can declare any law unconstitutional if it is not in tune with the provisions of the Constitution.

6. Bicameral Legislature:
Bicameral system of legislature is also another important feature of a federal system of government. The Indian parliament also consists of two chambers-the Lok Sabha and the Rajya Sabha. The Lok Sabha is the lower chamber and it represents the masses.The Rajya Sabha is the second chamber and it represents the states. The Rajya Sabha is a permanent chamber and it cannot be dissoved. The members to the Rajya Sabha are elected by the state legislatures. Each state elects a fixed number of members to the Rajya Sabha.

7. Dual Polity:
India has two governments functioning at two different levels—the national or the federal government, on the one side, and the government of each component state, on the other. The state government draws its authority not from the federal government but from the Constitution of India, the same source from which the federal government draws its powers.

Question 3.
What are the major characteristics that made the Indian Constitution a Unitary Constitution?
Answer:
Though all the characteristic features of a federation are present in India, yet the word, ‘Federation’ does not occur anywhere in the text of the Constitution of India. According to Art. 1 of the Constitution, “India shall be a Union of States.” The founding fathers purposefully avoided the word ‘Federation’. Art. 1 of the Constitution created a federation by describing India as a ‘Union of States’. In other words, our federation is a Union of States.

There are very strong trends towards the unitary government as the centre has been made very powerful. Moreover, in emergency, the form of government changes from federal into unitary because of which it is said that the form of government in India is federal in peace but unitary in emergency. The trend towards unitary government is clear from the following factors:

1. Division of Powers in favour of Centre:
The Indian Constitution has distributed the powers between the centre and the states in such a way that centre has become stronger than the states. The central government gets the lion’s share of the powers. Most important and almost all important subjects have been included in the union list. If there is a clash over a subject in the concurrent list between the centre and the states, the will of the centre will prevail.

2. Encroachment over the State list by the Union Government:
There are so many provisions in the Constitution with the help of which the centre can interfere with the powers of the states and can exercise these powers,

• The Parliament by ordinary majority can change the names and boundaries of the states. It can create and abolish legislative councils in states.
• Rajya Sabha can transfer a state subject in favour of the centre in the name of the national interest. It is to pass such a resolution by 2/3rd majority. Rajya Sabha is a part of Centre,
• The Central Executive can give directions to the state executive from time to time. The powers of the state executive can be used this way by the Centre,
• The parliament can make law on any subject in order to enforce a treaty or an agreement entered into between India and any other foreign power. The subject may be a Central subject or a State subject.
• Many government officials are appointed in the States on behalf of the Central Government,
• Some bills can be introduced in the State Legislature only by the prior permission of the President of India.
• Some bills after they are passed by the state Legislature are to be sent to the President of India for his assent,
• The state governors are appointed by the President of India. He is in fact an agent of the Central Government.

3. Influence of the Union Executive over the State Executive:
There are certain provisions in the Constitution with the help of which the union executive can exert a great degree of influence over the state executive. The union executive can also interfere in the working of the States:—

(i) The Governor of a State is appointed by the President of India. The entire state administration is run in the name of the Governor. The Governor is the head of the State as well as the agent of the Central Government. The Governor remains in office during the pleasure of the Central Government. In order to remain in office the governors are to act in acordance with the wishes of the Central Government.

(ii) There is large number of civil servants who work in the States but their appointment, promotion and dismissal is controlled by the Central government. These officials belong to the All India Services and occupy the important offices of the administrative machinery of the States.

(iii) The Central Government issues orders to the states from time to time. It is mentioned in the Constitution that the Government should exercise its powers in such a way that it does not come in clash with the Central Government in any way.

(iv) The President of India can issue the state essential orders regarding the protection of railway lines and other means of communication.

4. No Separate Constitution of the State:
In America and Switzerland the States have their own separate Constitutions and in them everything regarding the system of administration in the States is mentioned. The units can amend the Constitution according to their own sweet will. But in India except the state of Jammu and Kashmir, no other state has its own Constitution. Everything concerning the states’ administration has been mentioned in the Constitution of India. Dr. Ambedkar said, “The Constitution of the Union of States is a single frame from which neither can get out and within which they must work.”

5. Change in the boundaries of States:’
The Constitution of India empowers the parliament to change the boundaries of the existing States or create new States or change the names of the States on the recommendation of the President. In fact this has happened in India. In a perfect federation this cannot happen. The Central Government has no right to change boundaries of States and as such it is a departure from federal set-up.

6. Amendment in the Constitution:
It is said that the Constitution of India is rigid but the States do not play an important role in the amendment of the Constitution. First, only a part of the Constitution is rigid and for making amendment in this part the approval of half the States of India is required. While making amendment in other parts of the Constitution, the approval of the States is not at all required.

Secondly, resolution regarding the amendment of the Constitution can only be initiated by the parliament and not by the state. Both in America and Switzerland the units have the right to initiate an amendment to the Constitution. In India the State cannot initiate an amendment to the Constitution even if it conerns the State administration.

7. Unequal representation of the States in Rajya Sabha:
An important feature of federalism is that the States should get equal representation in the second chamber of the legislature. In a federation upper chamber secures an equality of representation to federating units irrespective of their size and population. In India, on the other hand, the States are represented in the Rajya Sabha not on the principle of equal representation but on the basis of population of every State. This is a fundamental departure from the federal principle.

8. Single Citizenship:
Normally there is double citizenship in a federation just like the U.S.A. But in India there is single citizenship, i.e. all the citizens of all the States are equally good citizens of India. This factor also indicates the trend towards the unitary government.

9. Uniformity in certain fundamental principles:
The Indian Constitution has displayed uniformity in certain fundamental principles which is not found in many other federal countries.

(i) The Constitution of India provides for a single integrated judicial system for the whole of India. The Supreme Court and the High Courts are links in the same chain. There are no two sets of laws but single civil and criminal code for the entire country. This is clear violation of the federal principle.

(ii) In the whole of the country there functions the same Election Commission, Finance Commission and the Comptroller and Auditor General. The States do not have their separate Election Commissions and Comptroller and Auditor Generals.

(iii) In the whole of India the members of All India Services serve both in the States and the Centre.
All the above mentioned things give an indication that there exists a unitary from of government in India.

10. Constitution does not mention the word federation:
The Indian Constitution does not make use of the word ‘federation’. It makes use of he word ‘Union’ in place of the word ‘federation’. The word ‘Federation’ points towards the autonomous status of the States but the word ‘Union’ does not lay stress upon the autonomous status of the States. The word Union points towards the supremacy of the Central Government. We can also say this thing that Indian federation is not formed in the way in which American federation has been formed. The Indian federal union was formed by those States which were under the Indian Union previously. Under such circumstances it is but natural that the union government should establish its own supremacy.

11. Unitary government in time of emergency:
During emergency the federal government can be changed into a unitary government. It is the President of India who proclaims emergency in the State and such an emergency order is to be approved by the parliament. The States are not consulted in this case. During emergency the President of India can take over the administration of all the States under his own control and the parliament gets the authority of framing all types of laws.

When an emergency is declared because of external aggression, war, armed rebellion or a threat of any of them, the form of government will change from the federal to unitary which implies that the centre will be empowered to exercise the legislative and executive powers of the States. During financial emergency and during the failure of State constitutional machinery the powers of the Centre increase.

12. Centralised Planning. In India, planning is centralised:
The Prime Minister is the chairman of the NITI Aayog and other members are appointed by the centre. According to K.S. Santhanam, “Planning has superseded the federation and our country is working as a unitary system in many respects.”

Real Position:
The Indian Constitution has federal features as well as unitary features. But the controversial point is whether Indian Constitution should be called federal or unitary. Mr. P.T. Chacko said, “What the Constitution would establish in the form of a federation is a federal type of State in which the central government has been given more powers.” During emergency the central government becomes more powerful.

During peace time India is very much a federal State. Whatever powers have been granted to the States by the Constitution they can excercise it according to their own sweet will. The Centre cannot interfere in the working of the administration of the States. But if the constitutional machinery fails in a State, or there are internal riots in the State, or there is danger of an external aggression then the central government takes away all the powers.

In the end we can conclude that the Constitution establishes a federal type of government in India. But during emergency it can be changed into unitary type of State in order to face the crisis. So the Constitution of India is federal in form and unitary in spirit.

Question 4.
Why has a strong centre been established in Indian Federation?
Answer:
Indian Constitution establishes a federation, but at the same time strong centre is established. The factors behind making the Centre strong in the Indian Constitution were mentioned by Pt. Nehru as the Chairman of the Union Power Committee in the Constituent Assembly. He pointed out that a weak Centre can’t establish peace and order, nor can it co-ordinate common issues, nor can it represent the entire country in the international sphere. Following are the reasons for making the Centre so powerful:

1. Need of Strong Centre to face the Different Problems of the Country:
When Indian Constitution was being prepared, the country was facing many problems such as communal riots, Kashmir problem, problem of refugees, economic problems, etc. Only strong centre can solve all these problems. Hence, strong centre was established.

2. Strong Centre needed to face the external aggression:
Our founding fathers were aware of the fact that Pakistan may create problems by creating disturbances in the States if a weak centre is established. It was felt that only a strong Centre can meet the external foes. The Centre must be very powerful to meet any invasion successfully.

3. Responsibility of the Centre to defend and protect every part of the country:
It is the reponsibility of the Central Government to defend and protect every part of India. The Centre is to see that situation of law and order in the State is quite normal. To meet all these needs it is essential that Centre should be made very powerful. The Centre cannot face the crisis if it is not armed with full powers. It is why the Central Government can take over the administration of the entire States in its own hands during Emergency.

4. Communalism:
To curb communalism strong Centre was needed, “An equally forceful influence towards centralisation,” says Granville Austin, “was the national pre-occupation with communalism from the late twenties until partition…” And when communal demands did take federal forms as in the case of the Muslims, the explosiveness of the mixture made the Congress leaders more wary of the concept of provincial autonomy as well as of the communalism itself. In such an atmosphere unity gained further significance.

5. Social Revolution:
Another reason for a strong Centre, as given by Austin, was necessitated by the goal of social revolution for which a divisive formula was not quite suitable for India. There must be a strong Centre to think and plan for the well-being of the country as a whole which meAnswer:..having the authority…to co¬ordinate (and)…power of initiative. It should be in a position to supply the wherewithal to the provinces for the better administration whenever the need arises.

6. Partition:
Moreover, the partition had its effect. If India not been partitioned at the time it got its freedom, there would certainly have been far fewer features of centralisation in the Indian Constitution than we find today. By providing an example of the dangers inherent in separatism, it served to unite the Indians. So the Constitution makers did their best to provide a long arm to Centre to curb the fissiparous tendencies arising anywhere in the country in future.

7. Lesson from the Long History of India:
States cannot be granted complete autonomy because it proves harmful sometimes. The Central Government has been made more powerful on the basis of the exeperience of the past. Ther is a danger of the disintegration of the country if States are given frill autonomy. In U.S.A. once the States tried to scede themselves from the Centre: In India the people have sharp differences on the basis of religion, caste and language and there is always a danger of States having separatist tendencies.

8. Strong Centre needed to play effective role in International sphere:
It is most essential to make the Centre strong in the present age. Now-a-days different countries of the world have come closer to one another. Each State is to maintain various types of relations with other States. No State can gain importance in the ’ international sphere if the Centre is not strong.

9. Tendency towards Centralisation:
The Constitution makers were also aware of the modem trend towards Centralisation. Even the framers of the American Constitution as observed by Prof. Carr represented a substantial step towards centralised government and the first years after the adoption of the new Constitution continued to be marked by strong nationalist tendencies. While these (formative) periods have not followed one another in orderly fashion, in the long run there has been a tendency for the periods expanding national power to last longer and to have more permanent effects on national, political and economic affairs.

Due to all these reasons Centre was made very strong. Before the fourth general election in the Centre as well as in almost all the States the Congress Party was in power. The dominance of the Congress Party made Centre very powerful.

Short Answer Type Questions

Question 1.
Write the distribution of Powers in Indian Federalism.
Answer:
The Constitution of India very clearly distributes the powers between the centre and the states. There are three lists of powers between the centre and the states, given in the Constitution:

1. The Union List. There are 97 Subjects in the Union List. Only union government can make laws on these subjects. The main subjects are-Railways, Post and Telegraph, Coinage and Currency, Defence and Foreign Affairs.
2. The State List. There are 66 subjects in this list. The state governments can make laws on them. The main subjects are-law and order, police, agriculture, irrigation and public works.
3. The Concurrent List. There are 47 Subjects in the Concurrent List. On these subjects both the centre and the states can make law. But if the two laws are contradictory, the laws of the Centre prevail.

Question 2.
Give four unitary features of the Constitution of India.
Answer:
Following are some of the Unitary features of the Constitution of India.

1. Centre is very strong.
2. There is single citizenship in India.
3. Governors are appointed by the President.
4. Single tmified judiciary.

Question 3.
Under what circumstances the Union Parliament can make laws on the subjects given in the State List?
Answer:
The Union Parliament can make laws on the subjects given in the State list under the following circumstances:
1. At the Resolution of Rajya Sabha. The Union Parliament will be authorised to pass a law on a subject of State List about which the Rajya Sabha passes a resolution with 2/3 majority of the members present and voting saying that subject has attained national importance.

2. At the request of two or more States. Article 252 empowers Parliament to legislate on a matter in the State list if two or more States desire that any of the matter in the states list be regulated by the Parliament.

3. The Parliament is empowered to pass laws on the State for the State in which emergency has been proclaimed because of the failure of Constitutional machinery.

4. The Parliament has the authority to pass laws on any subject of the State list during the emergency proclaimed because of war and external aggression etc.

Question 4.
What was the need of a Strong Centre with a Federation India?
Answer:
Following are the reasons for making the Centre so powerful:
1. Need of Strong Centre to face the Different Problems of the Country. When Indian Constitution was being prepared, the country was facing many problems such as communal riots, Kashmir problem, problem of refugees, economic problems etc. Only strong Centre could solve all these problems. Hence strong Centre was established.

2. Strong Centre needed to face the External Aggression. Our founding fathers were aware if the fact that Pakistan may create problems by creating disturbances in the State of a weak Centre is established. It was felt that only a strong Centre can meet the external foes. The Centre must be very powerful to meet any invasion successfully.

3. Responsibility of the Centre to Defend and Protect every part of the Country. It is the responsibility of the Central Government to defend and protect every part of India. To meet all these needs it is essential that Centre should be made very powerful.

4. Communalism. To curb communalism strong Centre was needed.

Very Short Answer Type Questions

Question 1.
Write the distribution of Powers in Indiap Federalism.
Answer:
The Constitution of India very clearly distributes the powers between the centre and the states. There are three lists of powers between the centre and the states, given in the Constitution: 1. The Union List 2. The State List 3. The Concurrent List.

Question 2.
Write a note on Union List.
Answer:
There are 97 Subjects in the Union List. Only union government can make laws on these subjects. The main subjects are-Railways, Post and Telegraph, Coinage and Currency, Defence and Foreign Affairs.

Question 3.
Write a note on State List.
Answer:
There are 66 subjects in this list. The state governments can make laws on them. The main subjects are-law and order, police, agriculture, irrigation and public works.

Question 4.
Write a note on Concurrent List.
Answer:
There are 47 Subjects in the Concurrent List. On these subjects both the centre and the states can make law. But if the two laws are contradictory, the laws of the Centre prevail.

Question 5.
Give two unitary features of the Constitution of India.
Answer:
Following are some of the Unitary features of the Constitution of India.

• Centre is very strong.
• There is single citizenship in India.

Question 6.
Under what circumstances the Union Parliament can make laws on the subjects given in the State List?
Answer:
1. At the Resolution of Rajya Sabha. The Union Parliament will be authorised to pass a law on a subject of State List about which the Rajya ’ Sabha passes a resolution with 2/3 majority of the members present and voting saying that subject has attained national importance.

2. At the request of two or more States. Article 252 empowers Parliament to legislate on a matter in the State list if two or more States desire that any of the matter in the states list be regulated by the Parliament.

Question 7.
What was the need of a Strong Centre with a Federation India?
Answer:
Following are the reasons for making the Centre so powerful:

• Need of Strong Centre to face the Different Problems of the Country.
• Strong Centre needed to face the external aggression.

One Word to One Sentence Answer Type Questions

Question 1.
Name the first Country where federation was established?
Answer:
United Statea of America.

Question 2.
Mention the names of four countries where federation exist?
Answer:
India, U.S.A., Switzerland and Canada.

Question 3.
Write one basic feature of federation.
Answer:
Division of powers between the Centre and the States.

Question 4.
When Article 370, Abrogated from Indian Constitution?
Answer:
5-6 August, 2019.

Fill in the blanks

1. The Constitution in a ………… is always kept supreme.
Answer:
Federation

2. Normally there is ………….. citizenship in a federation.
Answer:
Double

True or False statement

1. In India, planning is centralised.
Answer:
True

2. In Indian Constitution has federal features as well as unitary features
Answer:
True

Choose The Correct Answer

Question 1.
Which one of the following is not a feature of Indian federation?
(A) Written Constitution
(B) Supremacy of the Constitution
(C) Distribution of Powers
(D) Dual Citizenship.
Answer:
(D) Dual Citizenship.

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 18 Salient Features of the Indian Constitution Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 18 Salient Features of the Indian Constitution

Long Answer Type Questions

Question 1.
Describe the salient features of the Indian Constitution.
Or
Discuss the chief features of the Indian Constitution.
Answer:
Since long the Indian leaders were making a persistent demand for the establishment of a Constituent Assembly to frame a Constitution for India. It was in 1946 when the Cabinet Mission came to India and conceded this demand of the IndiAnswer: The Indian Constituent Assembly came into existence in accordance with the Cabinet Mission Scheme.

The new Constitution was inauguarated on January 26, 1950. The makers of the Constitution studied the working of governmental systems of various countries, chose their merits and incorporated them in the Indian Constitution. Keeping in view the particular and peculiar circumstances of the country, they were determined to make India a Welfare State.

The following are the salient features of the Constitution:
1. Written and Detailed Constitution:
The Indian Constitution is a written Constitution. It was framed by a Constituent Assembly whose elections were held in 1946. The Indian Constitution is also a detailed Constitution. It is seven times as big as that of the Fourth Republic of France. The makers of the Constitution left very little scope for customs and conventions. The Constitution consists of 395 Articles and 12 Schedules. According to Dr. Jennings, “The Indian Constitution is the longest and the most detailed in the world”

2. Creation of a Sovereign Democratic Republic:
The Preamble to the Indian Constitution declares India to- be a “Sovereign Democratic Republic”. But by the 42nd amendment preamble to the Constitution is amended. For the words ‘Sovereign Democratic Republic’ the words “Sovereign Socialist Secular Democratic Republic” are substituted. And for words ‘Unity of the Nation’, the words “Unity and Intergrity of the Nation’ are substituted.

3. People’s Own Constitution:
The Indian Constitution has been framed by the Constituent Assembly by the people of India. The Constitution has not been imposed upon us. It originates from the people of India and is promulgated in the name of the people. The Preamble emphasises the ultimate sovereignty of the people—“We, the people of India…. do hereby Adopt, Enact and Give to Ourselves this Constitution.” The people are, thus, the source of all authority and all power lies with them.

Since the Constitution is founded on the authority of the people, no State or group of States can destroy it. No State can go out of the Indian Union.

4. Secular State:
The constitution of India establishes Secular State. By 42nd amendment the word “Secularism” is included in the preamble to the Constitution. By Secular State, we mean that the State has no religion, it does not patronize any religion, it does not make its policies and is not guided in the discharge of its functions by the teachings of any particular regligious faith, whatsoever may be the numerical strength of its followers.

Under the Indian Constitution all religions are treated alike and the State cannot discriminate one against the other on the basis of religion. The citizehs have been guaranteed freedom of religion. In India, religion is the personal affair of the people themselves and the State does not interfere in that. The Constitution clearly lays down that for appointments under the State, merit shall be the sole criterion, not the religious belief of the people.

5. Flexible and Rigid Constitution:
The Indian Constitution is rigid as well as flexible. Some of the Articles of the Constitution can be amended by a simple majority of the Parliament, for example, changing the names of the States, altering the boundaries of the State, matters relating to citizenship etc. Some of the Articles of the Constitution can be amended by at least 2/3rd majority of the members of Parliament with ratification by the legislatures of at least one-half of the States. For example, if any change is intended in the method of the election of the President of India, it can be done only when the amending bill is first passed

• by majority of the total membership in each House of the Parliment;
• a majority of not less than 2/3rd of the members of present and voting in each House of Parliment; and
• ratification by the legislature of one-half of the States. There is yet third method of the amendement of the Constitution and i.e. some of the Articles of the Constitution can be amended by 2/3rd majority of he members of Parliament.

In this way the Indian Constitution is both rigid as well as flexible.

6. Federation with a Unitary Bias:
Though the word ‘Federation’ has not been used in any of the Article’s of the Constitution yet the Constitution establishes in form federation in India. According to Art. 1 of the Constitution: “India shall be a Union of States.” The Indian Constitution possesses all the necessary characteristics of a federation, viz.

• The Indian Constitution is a written and rigid one;
• power between the Centre and the States have been divided by the Constitution and
• there exists an independent Supreme Court to determine the constitutionality of laws passed by the legislature and orders issued by the executive. The Supreme Court is the guardian of the Constitution.

In spirit, however, the Indian Constitution is unitary. About the Indian Constitution it is often said that “It is federal in form but unitary in spirit.”

7. Parliamentary form of Government:
The Indian Constitution establishes a parliamentary form of Government in India. The new Constitution clearly lays down that there shall be a Council of Ministers to aid and advise the President in the discharge of duties. Under 42nd amendment the President was bound to accept the advice of the Council of Ministers. But according to 44th Amendment the President has the discretion to remit the advice back to the Council of Ministers for reconsideration but he shall act in accordance with a reconsidered advice.

The Council of Ministers has been made responsible to the legislature. The Lok Sabha can dislodge the Govt, from office by passing a resolution of no-confidence. Thus, the President is the nominal head while Prime Minister is the real head. Similarly, in Provinces the Governor is the nominal head and the real functionary is the Cabinet.

8. Fundamental Rights:
Part III of the Indian Constitution deals with the fundamental rights of the people. One of the characteristics of these rights is that while some rights are only for the citizens, others are available to all citizens as well as aliens. Rights are essential for the all-round development of man; hence their inclusion in the Constitution. Indian citizens enjoy six categories of fundamental rights

1. Right to Equality.
2. Right to Freedom.
3. Right to Religion.
4. Cultural and Educational Rights.
5. Rights against Exploitation.
6. Right to Constitutional Remedies.

Under the Bill of Rights all the citizens have been given equal rights. There can be no discrimination between one citizen and the other on the basis of religion, language, caste, creed, sex, place of birth. Freedom of speech, expression, assembly, association, etc. have also been guaranteed.

9. Directive Principles of State Policy:
Chapter IV of the Indian Constitution embodies Directive Principles of State Policy. They have been declared “fundamental in the governance of the country.” It is the moral duty of the State to apply these principles while making laws. These principles embody those ideals on the basis of which social and economic democracy can be established in India. The makers of the Constitution were convinced that without economic democracy, political democracy has no significance. In other words, they aimed at the establishment of a Welfare State in India.

10. Fundamental Duties:
By 42nd amendment after Part IV of the Constitution, Part IV A is inserted in the Constitution. For the first time a set of 10 Fundamental Duties of Citizens have been enumerated. One more fundamental Duty was incorporated in Part 4-A of Article 51-A by the 86th Amendment made in Dec, 2002. The chapter of 11 Fundamental Duties is by far the most fundamental and very important for every generation, present as well as future.

11. Independent Judiciary:
Independent Judiciary is a bulkwork of democracy. The Indian Constitution makes provision for the establishment of an independent judiciary. An independent judiciary is essential not only for the protection of the fundamental rights of the people, it is equally essential in a Federal Government. The President of India is bound to consult the Chief Justice of India in the appointment of every judge of the Supreme Court and the High Courts.

The Constitution also lays down the qualifications of the judges. The judges are given high salaries which cannot he decreased (except during the financial emergency) during the period they hold office. The judges of the Supreme Court retire at the age of 65 while that of High Courts at the age of 62. The President cannot remove the judges arbitrarily. The Constitution provides a strict procedure for their removal. The Indian Judiciary has demonstrated its independence and impartiality in a number of cases. The most notable cases have been the Golak Nath case, the Bank Nationalization case and the Privy Purses case.

12. Bicameral Legislature:
Another features of the Indian Constitution is that the Indian Parliament consists of two Houses-the Lok Sabha and the Rajya Sabha. The Lok Sabba, a Lower House, represents the whole nation while Rajya Sabha, an Upper House, represents the states. The Lok Sabha is more powerful than the Rajya Sabha.

13. Single Citizenship:
Normally, in a federation there is the provision for double citizenship-citizen of one’s own State and citizen of the country. Despite the establishment of federation, there is single citizenship in India. All are the citizens of India. The Indian Constitution does not recognise State citizenship.

14. Judicial Review:
Unlike the American Constitution, the Indian Constitution has specially provided for the judicial review. Under the Indian Constitution, Parliament is not a sovereign body as the Supreme Court can strike down the acts passed by the Parliament. Similarly, the orders of the executive are subject to judicial review. This power of the Supreme Court extends to the orders issued and laws passed by the State legislatures also.

15. Rule of Law:
Another distinctive feature of the Indian Constitution is Rule of Law. It means in India, law is supreme and it is the law which rules over the people. So long as a citizen obeys the laws, he need hot be afraid of any individual. All persons are equal in the eyes of law irrespective of their rank or position. No man, whatever his political or social status be, is above the law and everyone is subject to the same punishment for the breach of law which can be given to an ordinary citizen for the breach of the same law. An Individual can be punished only for a breach of law and for nothing else.

16. Adult Franchise:
Before the inauguration of the new Constitution, the Franchise under the Act of 1935, was very much limited. The new Constitution provides for universal adult suffrage. Every Indian citizen of 18 years or above has the right to vote.

17. A happy blend of many Constitutions:
It is sometimes alleged that the new Constitution of India has no originality. Our Constitution is a ‘unique document drawn from many sources’. For example, the influence of the American Constitutional system is evident in the chapter on Fundamental Rights and the role given by Constitution to the judiciary.

The idea of concurrent list has be&i taken from the Australian Constitution, that of Directive Principles of State Policy and the nomination of 12 members of the Rajya Sabha by the President of India, from the Irish Constitution of 1937; provision to strong centre from the Canadian Constitution and the Parliamentary system of Government from the British Constitution.

18. Joint Electorate System:
The Constitution abolishes the communal electorate system which was introduced in the Indian politics by the Government of India Acts of 1909, 1919 and 1935. Now joint electorate system is the feature of the Constitution.

19. Untouchability Abolished:
Another important feature of the Constitution is the abolition of Untouchability which the Congress had for years been trying to achieve through public enlightenment.

20. Protection of Minorities, Scheduled and Backward Classes and Tribes:
The Indian Constitution contains special provisions for the protection of minorities, Scheduled and Backward Classes and Tribes. Though all the citizens have been made equal before law, yet these classes and tribes have been given special rights and privileges. Seats have been reserved for them in the Parliament and the State Legislatures. In matters of appointments also certain quota of seats is reserved for them. According to Art. 336 the Anglo-Indian Community has also been given special privileges. According to the 95th amendment of the Constitution these special privileges shall be enjoyed by them till 2020.

21. Administrative Tribunals:
By 42nd amendment a new part XIV-A is inserted in the Constitution. The title of the this new part is Tribunal. In this new part two Articles 323 A and 332 B are inserted in the Constitution. Parliament by law may provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States. Parliament will decide the procedure, jurisdiction, power and authority of these tribunals.

Question 2.
Discuss in brief the procedure for the amendment of the Indian Constitution.
Or
Write a short note on procedure to amend the Constitution.
Or
How is the Constitution amended? Describe the amendment procedure.
Answer:
The method of amending the Constitution in Indian is neither very difficult nor so easy. The framers of the Indian Constitution adopted the middle path and made the Indian Constitution neither too rigid nor too flexible. The procedure of amendment is mentioned in Article 368. There are three types of procedure of amending the Indian Constitution:

1. Amendment by the Parliament by a Simple Majority:
There are certain articles of the constitution which can be amended by a simple majority. The articles which can be amended in this way are concerned with matters like the admission of new States into India, creation of new States, to change the territory boundary or make of any State, consequential changes in the first and fourth schedules required because of the above given amendments, etc.

Similarly, the Parliament may, by simple majority, create or abolish a legislative council on the recommendations of the Legislative Assembly of the State. The Parliament has the authority to increase the jurisdiction of the Supreme Court. It may create high courts for the Union Territories. It may entrust additional functions to the Public Service Commission. The Parliament is also empowered to lay down some more qualifications for the members of the Parliament and the State Legislatures.

The pay and allowances of the members of Parliament and the central ministers are fixed by the Parliament. But the laws made concerning subjects are not considered amendments of the constitution according to article 368 of the Constitution. In fact, the right of making changes in the Constitution is given to every Parliament and those changes are not considered amendments of the Constitution.
2. Amendment by the Parliament by a Two-third Majority.

The process of amending the Constitution is given in the article 368. The article or subjects which are not given in this article, can be amended by the Parliament alone with special majority. The bill for such an amendment may be introduced in any one of the two Houses. If both the Houses pass it with absolute majority and 2/3rd majority of the members present and voting, it will be sent to the President. The Constitution will stand amended on that point, when that bill is signed by the President.

3. Amendment by the Special Majority of Parliament and Ratification by State Legislature:
If an amendment is concerned with the article and the subjects given in the article 368, it must be approved by 50% of the States after being passed by both the Houses with absolute majority and 2/3rd majority of the members present and voting. The amendment will come into force after being signed by the President. The subjects given in article 368 are as follows:

1. Election of the President,
2. The manner and election of the President,
3. Extent of executive power of the Union,
4. Extent of executive power of the States,
5. High Courts for Union Territories,
6. Union Judiciary,
7. The High Courts in the States,
8. Legislative relations between the Centre and States,
9. List of the VII Schedule,
10. The representation of States in Parliament, and
11. Article 368 itself.

It is quite clear that most important provisions of the Constitution cannot be amended by the Parliament itself rather the consent of half the States is required.

Blend of Flexibility and Rigidity:
The Indian Constitution is a blend of flexibility and rigidity. It is neither flexible like the British Constitution nor rigid like the American. British Constitution is very flexible whereas American Constitution is very rigid. But our Constitution is changeable according to needs of the time.

Criticism:
The method of amending the Constitution suffers from certain defects j also. Method of amendment is criticised on the following grounds:

1. States have no Initiative for Constitutional Amendment:
The power of initiating an amendment lies only with the Parliament. The States have not been given any such power of initiating amendment. Besides, the approval of the States is not essential for all the amendments.

2. No Time Limit Fixed for Ratification by States:
The procedure suffers from another defect that no time limit is fixed in the Constitution for the approval of the States. They may take as much time as they like. There is no constitutional limitation on their power of delay.

3. Disagreement of two Houses of Parliament over a Constitutional Amendment:
There is no method of resolving the differences between the two Houses regarding a bill concerning the constitutional amendment. But this criticism is baseless because a bill concerning an amendment of the Constitution will be considered an Ordinary Bill, the procedure of which is clearly given in the Constitution. A joint sitting of both the Houses will be called to resolve the differences regarding the bill.

4. Assent of the President over Constitutional Amendments:
Nothing about the veto power of the President is given in the procedure of amendment. It is also not mentioned in the Constitution that an amendment which is approved by the States requires the assent of the President or not.

5. Some Notable Provisions:
There are certain provisions in the Constitution which can be changed even without introducing the amendment bill in the Constitution. Article 253 is of this nature. The Parliament can make law in order to enforce any treaty or agreements made with a foreign country.

6. Constitutional Protection:
According to Dr. Jennings, “It is quite obvious that there are clauses which don’t need to be constitutionally protected. An example taken at random is Article 22, which empowers a retired Judge to sit in a High Court. If the provision of such constitutional importance that it needs to be constitutionally protected and be incapable of amendment except with the approval of two-thirds of the members of each House, sitting and voting in the Union Parliament.”

Short Answer Type Questions

Question 1.
Mention the written nature of the Indian Constitution.
Answer:
The Indian Constitution is a written constitution. It was framed by the Constituent Assembly whose election were held in 1946. The Constitution was enforced on January 26, 1950. The constitution consists of 395 Articles and 12 schedules. Indian Constitution is the longest written constitution of the world. The makers of the Constitution left very little scope for customs and conventions.

Question 2.
Mention four features of our Constitution.
Answer:

• Indian Constitution is written and lengthiest constitution of the world.
• It establishes parliamentary government. The President is the nominal head of the state.
• It provides Fundamental rights and Fundamental duties.
• It contains Directive Principles of State Policy.

Question 3.
Mention four sources of the Indian Constitution.
Answer:

• Amendment is the main source of Indian Constitution.
• Acts of Parliament is another source of Indian Constitution.
• The Act of 1935 is an important source of Indian Constitution. The Constitution derives a lot from the
• Government of India Act 1935.
• The Judicial decisions is another source of Indian Constitution.

Question 4.
Why is Indian Constitution bulky?
Answer:
Indian Constitution is the lengthiest constitution in the world. Indian Constitution is very lengthy due to the following reasons:

• There is only one constitution for the central government as well as for the States.
• The distribution of powers between the Center and the States are discussed in detail.
• Fundamental Rights mentioned in Part III of the Constitution are in detailed.
• Directive Principles of State Policy has also increased the volume of the Constitution.

Question 5.
“The Indian Constitution is both rigid and flexible.” Explain.
Answer:
The Indian Constitution is a blend of flexibility and rigidity. It is neither flexible like the British Constitution nor rigid like the American. Some of the Articles of the Constitution can be amended by a simple majority of the Parliament, for example, changing the names of the States, altering the boundaries of the State, matters relating to citizenship etc. Some of the Articles of the Constitution can be amended by at least 2/3rd majority of the members of Parliament with ratification by the legislatures of atleast one half of the States.

Question 6.
What we have taken from British Constitution?
Answer:
The framers of the Indian Constitution have drawn freely from the British Constitution. The following are the gifts of the British Constitution to our new Constitution-

• The Indian President is a Constitutional head like the British King/Queen.
• Like the British House of Commons, the Indian Lok Sabha is more powerful than the Second Chamber i.e., Rajya Sabha.
• Like the British, Cabinet is responsible to the Parliament.
• Like England, India has adopted Parliamentary form of Government.
• Rule of law is also taken from England.

Question 7.
What features have we borrowed from U.SA.?
Answer:

• The preamble of the Indian Constitution is akin to the Preamble of the American Constitution.
• The Vice-president of India is like the Vice-president of the U.S.A.
• Fundamental Rights of Indian Constitution resemble to the Bill of Rights of the U.S-A.
• Like American Judiciary, Indian Judiciary is independent.

Question 8.
Why the Indian Constitution was enforced on 26th January, 1950?
Answer:
On December 31, 1929 the Congress passed a resolution of complete independence at Lahore session and decided to celebrate 26th January as the independence day. After that every year 26th January was celebrated as independence day. That is why our new Constitution which was adopted by the Constituent Assembly on November 26, 1949 came into effect on 26th January, 1950.

Question 9.
Write down any four characteristics of the method of Amendment of the Indian Constitution.
Answer:

• Each part of the Indian Constitution can be amended. But in Keshavanand Bharti Case, Supreme Court held that the parliament had the power to amend all provision of Constitution but had no power to change the basic structure of the constitution.
• Indian Constitution is a Combination of rigidity and flexibility.
• Constitutional Amendment Bill can be introduced in either House of the Parliament.
• State legislatures cannot initiate constitutional amendments. Amendment Bill can be introduced in the parliament only.

Question 10.
How is the constitution of India is amended?
Or
Describe the methods through which Indian constitution can be amended.
Answer:
The process of amending the constitution of India is given in the Art. 368. The method of amending the constitution of India is neither very difficult nor so easy. The framers of the Indian constitution adopted the middle path and made the Indian constitution neither too rigid nor too flexible. There are three types of procedure of amending the Indian constitution:

• Amendment by the Parliament, by a simple Majority.
• Amendment by the Parliament by a Two-third Majority.
• Amendment by the special Majority of Parliament and Ratification by more than 50% states of India.

Very Short Answer Type Questions

Question 1.
Mention the written nature of the Indian Constitution.
Answer:
The Indian Constitution is a written constitution. It was framed by the Constituent Assembly whose election were held in 1946. The Constitution was enforced on January 26, 1950. The constitution consists of 395 Articles and 12 schedules.

Question 2.
Explain any two features of our Constitution.
Answer:

• Indian Constitution is written and lengthiest constitution of the world.
• It establishes parliamentary government. The President is the nominal head of the state.

Question 3.
Mention two sources of the Indian Constitution.
Answer:

• Amendment is the main source of Indian Constitution.
• Acts of Parliament is another source of Indian Constitution.

Question 4.
Why is Indian Constitution bulky?
Answer:

• There is only one constitution for the central government as well as for the States.
• The distribution of powers between the Centre and the States are discussed in detail.

Question 5.
What is Secular State?
Answer:
A Secular State is that which is not based on any religion. A secular state guarantees individual and corporate freedom of religion, deals with the individual as a citizen irrespective of his religion, is not constitutionally connected to a particular religion nor does it seek either to promote or interfere with religion,

Question 6.
What we have taken from British Constitution?
Answer:
The following are the gifts of the British Constitution to our new Constitution-

• The Indian President is a Constitutional head like the British King/Queen.
• Like the British House of Commons, the Indian Lok Sabha is more powerful than the Second Chamber i.e., Rajya Sabha.

Question 7.
What features liave we borrowed from U.S.A.?
Answer:

• The preamble of the Indian Constitution is akin to the Preamble of the American Constitution.
• The Vice-president of India is like the Vice-president of the U.S.A.

Question 8.
Describe the methods through which Indian constitution can be amended.
Answer:
There are three types of procedure of amending the Indian constitution:

• Amendment by the Parliament, by a simple Majority.
• Amendment by the Parliament by a Two-third Majority.
• Amendment by the special Majority of Parliament and Ratification by more than 50% states of India.

Question 9.
Mention any two criticisms, against the procedure Of amendment in the constitution.
Answer:

1. State have no Initiative for Constitutional Amendment. The power of initiating an amendment lies only with the Parliament. The States have not been given any such power of initiating amendment.
2. No Time Limit Fixed for Ratification by States. The procedure suffers from another defect that no time limit is fixed in the Constitution for the approval of the states.

One Word to One Sentence Answer Type Questions

Question 1.
Mention any one feature of the Indian Constitution.
Answer:
The constitution of India is written and comprehensive.

Question 2.
Write down any one source of the Indian Constitution.
Answer:
British Constitution.

Question 3.
What is the significance of 26th January?
Answer:
The Indian Constitution was enforced on 26th January, 1950.

Question 4.
How many languages have been recognized In the Indian Constitution? Which of these is the official language of India?
Answer:
Indian constitution has recognized 22 languages. Hindi has been declared as the official language.

Question 5.
What did the architects of the Indian Constitution draw from the British Constitution?
Answer:
India has adopted parliamentary system from the British constitution. laite England, in India too, the rule of law, unified judicial system, civil service and single citizenship have been provided.

Question 6.
How many Articles and Schedules are in the Indian Constitution and in how many chapters have they been divided?
Answer:
There are 395 Articles and 12 Schedules in the Indian institution. They have been divided into 22 Chapters.

Question 7.
When was the Indian Constitution enforced?
Answer:
The Indian Constitution was enforced on 26 January, 1950.

Question 8.
Give any one argument to prove that India Is a seculler country.
Answer:
The word ‘Secular’ has been incorporated in the Preamble to the Indian Constitution through 42nd amendment: Thus India has clearly been declared a secular state.

Question 9.
Mention any one reason for the Indian Constitution being elephantine in size.
Answer:
There is only one constitution for the Union and the States in India.

Fill in The Blanks

1. The Constitution of India came into force on . January, 1950.
Answer:
26th

2. The Indian is drawn from various sources.
Answer:
Constitution

3. Indian Constitution is federal in form but in spirit.
Answer:
Unitary

4. In India, there is a citizenship.
Answer:
Single

5. The Indian Constitution has adopted the principle of universal suffrage.
Answer:
Adult.

True or False statement

1. The Indian Constituent Assembly came into existence in accordance with the Cabinet Mission scheme.
Answer:
True

2. Indian Constitution is a written Constitution.
Answer:
True

3. According to Indian Constitution, India is not a secular state.
Answer:
False.

4. No state can go out of the Indian Union.
Answer:
True

5. According to Art 1 of the Constitution, “India shall be a union of sovereign state.”
Answer:
False.

Choose the Correct Answer

Question 1.
The Indian Constitution is:
(A) Very Rigid
(B) Flexible
(C) Flexible as well as Rigid
(D) None of these.
Answer:
(C) Flexible as well as Rigid

Question 2.
Which of the following is not a feature of Indian Constitution
(A) Indian Constitution is Written
(B) Indian Constitution is the bulkiest Constitution
(C) India is a Secular State
(D) Indian Constitution is unwritten.
Answer:
(D) Indian Constitution is unwritten.

Question 3.
Voting age in India is:
(A) 18 years
(B) 25 years
(C) 21 years
(D) 30 years.
Answer:
(A) 18 years

Question 4.
Indian Constitution is a bag of borrowings.’ Who said it?
(A) K.T. Shah
(B) H.V. Kamath
(C) M.V. Pylee
(D) Ivor Jennings.
Answer:
(A) K.T. Shah

Question 5.
India is a:
(A) Secular State
(B) Hindu State
(C) Muslim State
(D) Sikh State.
Answer:
(A) Secular State

Question 6.
Indian Judiciary is:
(A) Independent
(B) Subordinate to the Executive
(C) Subordinate to the Parliament
(D) Corrupt.
Answer:
(A) Independent

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 17 Preamble to the Indian Constitution Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 17 Preamble to the Indian Constitution

Long Answer Type Questions

Question 1.
Write a critical note on the Preamble to the Indian Constitution.
Or
What are the guiding principles mentioned in the Preamble to the Indian Constitution? Discuss briefly.
Or
India is a Sovereign, Socialist, Secular, Democratic Republic. Explain.
Answer:
It has been considered essential, and advisable also, that every written Constitution should have a preamble. The preamble to a Constitution mirrors the spirit of Constitution. The Indian Constitution also begins with a preamble. Strictly speaking, the preamble does not constitute a part of the Constitution. That does not, however, mitigate its importance. The Preamble serves the purpose of a window through which we peep into the intentions of the makers of the Constitution.

In short, the preamble is a summary of the objectives and the basic philosophy of a Constitution. It helps in the interpretation of the Constitution. Commenting upon its significance former Chief Justice Subba Rao of the Supreme Court said, ‘The objective sought to be achieved by the constitution is declared in sonorous terms in the preamble. It contains, in a nutshell, its ideals and its aspirations. The preamble is not a platitude but the mode of its realisation as worked out in detail in the Constitution.” Thus, the preamble to the Indian Constitution helps us in understanding the basic philosophy of the Indian Constitution.

The preamble serves another purpose. It enables the people to assess and evaluate the preformance of the Government in the light of the objectives laid down in the Preamble. Any Government, which slacks down or becomes indifferent towards the fulfilment of the aspirations incorporated in the preamble runs the risk of being ousted from office. It keeps the Government thus on its toes.

Preamble to the Indian Constitution:
The Constitution of India begins with the preamble. It runs as under:
“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 assuming 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”: Amendment to the Preamble. The forty-second Amendment put into force with effect from 18th December, 1976, amended the Preamble to include the words “Socialist and Secular.” So, in its amended form the preamble declares India to be a Sovereign, Socialist, Secular, Democratic and Republic. The addition of these two new adjectives has transformed the very character and spirit of the Constitution.
For the words “Unity of the Nation” the words “Unity and Integrity of the Nation” are substituted.

Significance:
In the words of M.V. Pylee, “The preamble to the constitution is one of the best of its kind ever drafted. Both in ideas and ideals and in expression it is unrivalled. It embodies the spirit of the constitution, the determination of Indian people to unite themselves in a common adventure of building up a new and independent nation which will ensure the triumph of Justice, equality and fraternity.” The Preamble to the Constitution throws light on three very important matters:
1. The source of authority,
2. the nature of the Indian polity and
3. the objectives of the Constitution.

1. Source of Constitutional Authority:
The Preamble expresses in a very clear language that people are the ultimate source of all authority. It is the people who have adopted and enacted the Constitution; it is the people who have given this Constitution to themselves.” Though the Indian Constitution does not contain any independent Article (The Constitution of Ireland by Art. 6 and the Tenth Amendment of the American Constitution) declaring that all authority flows from the people, yet the Preamble emphasises the ultimate sovereignty of the people.

In other words, the Constitution of India which came into effect on Jan. 26, 1950, has not been imposed upon us. The people of India in their sovereign capacity have adopted the Constitution for themselves. They have framed a Constitution which fulfils the aims and aspirations of the people. “The Constitution is for the people, the people are not for the Constitution.” Some critics, however, challenge the view that the Constitution has been framed by the people themselves.

They argue that the Constituent Assembly which framed this Constitution was not a truly representative body as it was not elected on the basis of universal adult franchise. Nor was it elected directly by the people. Moreover, the draft of Constitution was not referred to the people for their acceptance or rejection. However, we do not agree with the critics. After all the first and subsequent general elections have been held on the basis of direct and universal adult franchise. Had the representatives of the people no faith in the Constitution they would have surely changed it. Thus, the unmistakable implication is that the people are the ultimate source of all authority. The Constitution originates from the people of India and is promulgated in the name of the people of India.

2. Nature of Indian Polity:
In the second place, the Preamble proclaims that the people of India have resolved to constitute India into a‘Sovereign Socialist Secular Democratic Republic. These are few features of the Indian Political System.
(i) India is a Sovereign State.
(ii) India is a Socialist State.
(iii) India is a Secular State.
(iv) India is a Democratic State.
(v) India is a Republican State.

(i) India is a Sovereign State:
It means that now, after the promulgation of the Constitution, India is not subject to any foreign rule. India is now a . sovereign State, internally as well as externally. No other country can compel India to follow or not to follow a particular policy. We can now make any law, remaining of course within the limits imposed by our own Constitution.

We can also amend our Constitution in accordance with the procedure laid down in the Constitution. Some people are of the view that sovereignty is not absolute because of India’s membership of the Commonwealth of Nations. This, however, is not correct. India is a member of the Commonwealth of Nations according to her own free will. There is no constitutional binding. Commonwealth of Nations is not a super state.

Pt. Jawahar Lai Nehru said on 10th May, 1949, “It must be remarked that the Commonwealth is not a super-state in any sense of the term. We have agreed to consider the king as the symbolic head of this free association. But the king has no function attached to that status in the Commonwealth. So far as the Constitution of India is concerned, the king has no place and we shall owe no allegiance to him.”

(ii) India is a Socialist State:
By 42nd amendment act word ‘Socialist’ is inserted in the Preamble to the Constitution. Mr. Swaran Singh, the Chairman of the Congress Committee for constitutional changes, said that the proposed decision to inscribe ‘Socialism’ in the Preamble to the Constitution shows the nation’s resolve to work for a new “socio-economic revolution”.

The former Defence Minister said, “Socialism was the target the country had set for itself. Not only the majority party, but several other political organisations also were committed to this concept.” Smt. Indira Gandhi’s Government adopted 20-point programme to implement Socialism. Janata Government was committed to Gandhian Socialism and various steps were taken to implement Gandhian Socialism. Present government is committed to Socialism and is trying to implement 20- point programme.

(iii) India is a Secular State:
By inserting the word “Secular” in the Preamble to the Constitution by 42nd amendment, India is declared a secular state in clear words. Such a system is adopted in the Constitution that India is made secular state without any doubt. In the words of Smith, “The Secular State is important to the future of Indian Democracy itself. It stands or falls as basic and inseparable comment of modem liberal democracy.” By “Secularism” Mr. Swaran Singh explained, “We do not mean that we are against any religion. On the contrary, it symbolises our respect for all the religions and desire to treat them at par.”

(iv) India is a Democratic State:
The Indian polity is based on democratic principles. The people elect their representatives who use the sovereign authority on behalf of the people. The government is of the people and for the people. The represenatives are elected periodically by the people.

(v) India is a Republican State:
The word ‘Republic’ means that-the head of the State shall be an elected one for a fixed tenure. In the Indian Constitution there is no room for a hereditary monarch like the one in England. At the time of the assumption of office the President has to take an oath “To devote himself to the service and well-being of the people of India.” In the event of the violation of the Constitution the President can be impeached and removed from the office. Hence the Indian President is accountable to the people. However, the devices of direct democracy—Initiative, Referendum or Recall— are not available in the Indian Constitution.

3. Objectives of the Constitution:
In the third place, the Preamble defines the objectives to be achieved. They are:
(i) Justice:
The object of the Constitution is that all the citizens of India should get justice in every sphere of life. In the preamble the Idea of achieving Social, Economic and Political Justice for all citizens has been mentioned. To achieve Social, Economic and Political Justice provisions have been mentioned in the Constitution.

Social Justice:
The very incorporation of the term Social Justice in the Constitution made it clear that it is the duty of the state to work positively against discrimination existing in Indian society on the basis of baste, community, race or religion. The state is expected to work for creating an environment in which a more reasonable attitude towards social relations is cultivated. To achieve social justice, right to equality is mentioned in Part III of the Constitution.

The Right to Equality forbids any discrimination on the basis of religion, race, caste, sex, place of birth or any of them. But the state has a right to make special provision for the upliftment of the backward classes, women and children. Article 17 abolishes untouchability and its practice in any form is forbidden. All the citizens of India, irrespective of their caste and creed, have an equal access to public place.
Article 23 bans exploitation like ‘Begaar’ and similar other forms of forced labour. Article 24 prohibits the employment of children below the age of 14 in any factory, mine etc.

Economic Justice:
Economic Justice is ensured to people by the Directive Principles of State Policy. They ensure that no discimination would be made between persons on the basis of their economic standing. Article 39 calls upon the state to direct its policy to ensure that the citizens, men and women equally, have the right to an adequate means of livelihood and that there is equal pay for equal work for both men and women.The material resources of the country should be so distributed as to subserve the common good.

Political Justice:
Political Justice means that all the citizens should enjoy equal political rights. In other words, citizens should have the right to participate in the government. There is adult franchise and right to contest election. All citizens are treated equal before the law and all are given equal rights.

(ii) Liberty:
The Constitution aims not merely at securing justice to the people of the country but also liberty, without which human personality cannot be expected to develop fully. The citizens of India have been guaranteed a number of freedoms by the Constitution. Part III of the Constitution deals with the Fundamental Rights of the citizens. Some of the very important freedoms have been mentioned in the Preamble also. They are liberty of thought, freedom to express one’s views, belief and worship. The Preamble hates the idea of standardisation of ideas, desire of uniformity. Similarly, none can be compelled to follow a particular religion. “State dictated morality is no morality.”

(iii) Equality:
It has been rightly said that “Men are bom and reamin free and equal in rights.” The Preamble ensures equality of all in the eyes of law. Liberty and equality go hand in hand. Equality does not mean that all persons are equal in every respect. The positive concept of equality is that all persons should be given equal opportunities to rise and develop. Equality means that “among equals the law should be equal and should-be equally administered, that like should be treated alike.”

No person is to be deprived of his life and liberty unless he has violated a law in existence. And he is to be deprived of his life and liberty in accordance with law. In short, law is not the respector of personalities. Whatever may be the social status of person, he is subject to law. There can be no discrimination between one citizen and another on the basis of religion, language, caste, class, sex etc.

(iv) Fraternity:
The Preamble to the Constitution lays special stress upon the promotion of fellow-feeling among the people of India. Unless the people become a community of interests, their cohesion into one nation is not possible. The separatist tendencies, so systematically nursed by the alien rule, had resulted into an orgy of loot and murder. The makers of the Constitution had not forgotten the shocks due to the partition of the country. Unity of the country and consolidation of the nation were of paramount necessity. Hence every effort was made to achieve the desired end. One such step was the provision of single citizenship in the country.

(v) Integrity:
The inclusion of the term integrity expressed “our determination to put an end to separatist tendencies.” Effort was made to make people feel at home in every part of India from whichever state or region they might come. “Thus the Preamble reflects the aims and objectives of the new nation-a living, vital and progressive nation,” The makers of the Constitution aimed at the establishment of a society free from hunger, misery, starvation and exploitation a society where each stands for all and all for each.

The Preamble, though not a legal part of the Constitution, yet it is an integral part of the Constitution. It helps in explaining the various articles of the Constitution. “It is a key to open the mind of the makers.” Hence its importance.

Short Answer Type Questions

Question 1.
Write a short note on the Necessity of Preamble in a Constitution.
Or
What do you mean by the term Preamble?
Answer:
It is considered essential that every written constitution should possess a preamble. The preamble contains the basic ideas and philosophical postulates of a purpose of a window through which we peep into the indentions of the maters of the constitution. It enables the people to assess and evaluate the performance of the government in the light of the objectives laid down in the preamble.

Question 2.
What is the nature of state according to the Preamble?
Answer:
The nature of the state according to the preamble is as under:

• India is a Sovereign state
• India is a Democratic state
• India is a Secular state
• India is a Socialist state and
• India is a Republic.

Question 3.
Discuss the objectives of our Constitution as embodied in the Preamble.
Answer:
Following are the objectives of our constitution as given in the Preamble.

• Justice-social, political and economic.
• Liberty of thought, expression, belief, faith and worship,
• Equality of status and opportunity, and
• Fraternity assuring the dignity of the individual and the Unity of the Nation.

Question 4.
Explain the term Republic.
Answer:
The word ‘Repubbc’ means that the head of the state shall be an elected one for a fixed tenure. India is Republic. The President of India is indirectly elected by the representatives of the people for a period of five years. He can even be impeached and removed from office before the expiry of five years. Any citizen of India fulfilling required qualifications can contest the election of the President of India. He may be the follower of any religion. In India politics has been separated from religion. Thus the Indian repubbc is a democratic repubbc.

Question 5.
Explain the term Fraternity.
Answer:
The dictionary meaning of the term Fraternity is “brotherhood’. Without fraternity, liberty and equality are meaningless. It was the main slogan of the French revolution. The Preamble of the Indian Constitution lays special stress upon the promotion of fellow feeling among the people of India.

Unless the people become a community of interests, their cohesion into the nation is not possible. The separatist tendencies ; so systematically nursed by the alien rule, had resulted into an orgy of loot and murder. The makers of the constitution had not forgotten the shocks due to the partition of the country. Unity of the country and consolidation of the nation were of paramount necessity. Hence every effort was made to achieve the desired end.

Question 6.
What do you mean by Social and Economic Justice?
Answer:
In the preamble the idea of achieveing Social and Economic Justice for all citizens has been mentioned. Social Justice means that all the people living in society are equal. The people should not be treated discriminately on the basis of caste, religion, colour and sex. All the people should have equal opportunities to develop their personalities. All should have equal facilities to use public places, religious places and the places of entertainment. The State should adopt the policy of untouchability and interests of the minorities should be safeguarded.

Economic Justice means that no discrimination should be made between persons on the basis of their economic status. Equal opportunities should be provided to all citizens to acquire wealth and use it for their living.

Question 7.
Write short note on Objective Resolution of 1947.
Answer:
The first session of the Constituent Assembly was held on Dec. 9, 1946. On Dec. 13, 1946, Pt. Jawahar Lal Nehru moved his Objective Resolution. Some of the important provisions of the Objective Resolution were as follow:
1. This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for the future governance a Costitution;

2. Wherein all power and authority of the sovereign Independent India, its Constituent parts and organs of government, are derived from the people

3. Wherein shall be guaranteed and secured to all the people of India, Justice-social, economic and political, equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and

4. Wherein adequate safeguards shall be provided for minorities, backward and tribal areas and depressed and other classes. The Objective Resolution gave expression to the ideals and aspirations of the people of India.

Question 8.
Write down the meaning of Secular mentioned in the Preamble of Indian Constitution.
Answer:
By inserting the word “Secular” in the Preamble of the Constitution by 42nd amendment, India is declared a secular state in clear words. Such a system is adopted in the Constitution that India is made secular state without any doubt. Right to freedom of religion has been granted to all persons residing in India under Art. 25-28 of Indian Constitution.

According to this right, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion. State has no religion of its own. The state shows full neutrality in the religious matters. All this shows that India is a Secular State.

Very Short Answer Type Questions

Question 1.
What do you mean by the term Preamble?
Answer:
It is considered essential that every written constitution should possess a preamble. The preamble contains the basic ideas and philosophical postulates of a constitution. The preamble to a constitution mirrors the spirit of constitution. The Indian constitution also begins with a preamble. Preamble is essential because it serves the purpose of a window through which we peep into the intentions of the makers of the constitution.

Question 2.
Discuss the objectives of our Constitution as embodied in the Preample.
Answer:
Following are the objectives of our constitution as given in the Preamble.

• Justice-social, political and economic.
• Liberty of thought, expression, belief, faith and worship,
• Equality of status and opportunity, and
• Fraternity assuring the dignity of the individual and the Unity of the Nation.

Question 3.
Explain the term Republic.
Answer:
The word ‘Republic’ means that the head of the state shall be an elected one for a fixed tenure. India is Republic. The President of India is indirectly elected by the representatives of the people for a period of five years. He can even be impeached and removed from office before the expiry of five years.

Question 4.
Explain the term Fraternity.
Answer:
The dictionary meaning of the term Fraternity is “brotherhood’. Without fraternity, liberty and equality are meaningless. It was the main slogan of the French revolution. The Preamble of the Indian Constitution lays special stress upon the promotion of fellow¬feeling among the people of India. Unless the people become a community of interests, their cohesion into the nation is not possible.

One Word to One Sentence Answer Type Questions

Question 1.
Which two important words were incorporated in the Preamble of the Indian Constitution through the 42nd amendment?
Answer:

1. Socialist
2. Secular.

Question 2.
Which three aspects of the Indian Constitution are reflected in the Preamble?
Answer:

1. What is the source of Constitutional power?
2. What is the nature of Indian Political System?
3. What are the objectives of the Constitution?

Question 3.
Mention any one feature of Indian Political System.
Answer:
India is a sovereign democrats republic.

Question 4.
Write down any one objective of the Indian constitution mentioned in the Preamble.
Answer:
All citizens of India should get justice.

Question 5.
How is India a Republic?
Answer:
In India, the head of the executive is President who is indirectly elected by an electoral college for a period of five years. So India is a Republic.

Question 6.
Who has called the Preamble to Indian Constitution as the ‘Political Horoscope’? Was he a member of Constituent Assembly?
Answer:
K.M. Munshi called the Preamble as the political horoscope. He was member of the Constituent Assembly.

Question 7.
What was India declared in the Original Preamble of the Indian Constitution?
Answer:
The Original (Unamended) Preamble of the Indian Constitution declared India as a Sovereign, Democratic, Republic.

Question 8.
Mention the kinds of Justipe included in the Preamble of the Constitution.
Answer:
The object of the Constitution is that all the citizens of India should get Justice in every sphere of life. In the preamble the idea of achieving Social, Economic and Political Justice for all has been mentioned.

Fill in the blanks

1. The …………………… is a summary of the objective and the basic Philosophy of a Constitution.
Answer:
Preamble

2. The Indian …………………… begins with a Preamble.
Answer:
Constitution

3. The preamble is based on the ‘Objective Resolution’ moved by …………………… on Dec. 9, 1946.
Answer:
Pt. Jawahar Lai Nehru

4. The preamble Proclaims India is a Sovereign, Socialist, Secular, Democratic …………………… state.
Answer:
Republic

5. The preamble assures the people of India Justice-social …………………… and potitical.
Answer:
Economic.

True or False statement

1. The preamble helps us in understanding the basic philosophy of the Indian Constitution.
Answer:
True

2. The preamble expresses in a very clear language that foreigner are the ultimate source of all authority.
Answer:
False

3. India is a Sovereign State.
Answer:
True

4. India is a Secular State.
Answer:
True

5. India is not a Republican State.
Answer:
False

Choose The Correct Answer

Question 1.
Preamble of Indian Constitution begins with these words:
(A) People’s Sovereignty
(B) Republic of India
(C) Democratic India
(D) We the people of India.
Answer:
(D) We the people of India.

Question 2.
Which amendment of the Constitution added the Words ‘Socialist’ and ‘ Secular* in the Preamble?
(A) 44th amendment
(B) 42nd amendment
(C) 46th amendment
(D) 50th amendment.
Answer:
(B) 42nd amendment

Question 3.
What is the meaning of: ‘We, the people of India’?
(A) That the people of India are direct rulers of the country
(B) That the ultimate sovereignty is vested with the people
(C) None of these.
Answer:
(B) That the ultimate sovereignty is vested with the people

Question 4.
Which of the following statement is correct?
(A) India is a Sovereign, Socialist, Republic
(B) India is a Sovereign, Democratic, Monarchic state
(C) India is a. Sovereign, Democratic Republic.
(D) India is a .Sovereign, Social, Secular, Democratic Republic.
Answer:
(D) India is a .Sovereign, Social, Secular, Democratic Republic.

Question 5.
Who called Preamble ‘Political Horoscope’?
(A) K.M. Munshi
(B) Pt. Jawahar Lai Nehru
(C) Dr. Ambedkar
(D) Dr. Rajendra Prasad.
Answer:
(A) K.M. Munshi

Question 6.
Objectives of the Constitution is:
(A) Justice
(B) Liberty
(C) Equality
(D) All the above.
Answer:
(D) All the above.

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 16 Organs of Government: Judiciary Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 16 Organs of Government: Judiciary

Long Answer Type Questions

Question 1.
What are the different ways in which the Judiciary is organised?
Answer:
There are three methods of organizing the judiciary which are as under:
1. Election by the people.
2. Election by the legislature.
3. Appointment by the executive.

1. Election by the People:
Under this method the judges like the members of the legislature and the executive are elected by the people. In some States of U.S.A. and Switzerland this method has been adopted. But this method is considered as defective. A popularly elected judge can never remain independent, impartial and honest. Laski says that of all the methods of appointment of judges, the method of popular election of judges is the most defective.

Firstly, the people are not wise enough to judge the qualities of a person whom they elect, to be the judge. Secondly, the judges will be elected on the basis of political parties. Thirdly, he cannot perform his duties sincerely because he will do everything to secure his re-election. Fourthly, to get elected he will make use of so many corrupt practices. A judge elected through popular election cannot deliver the goods properly.

2. Election by the Legislature:
In certain States the judges are elected by the legislature of the State. This system prevails in Russia, Switzerland and certain States of U.SAL. The judges elected this way cannot be impartial and honest. The judges will remain under the influence of the political parties. This method is also not without defects.

3. Appointment by the Executive:
Appointment by the executive is most common and most satisfactory method for the choice of the judges. It prevails in Great Britain, dominions as well as the federal government of U.S.A. and some states of U.SA. and in India also. Though political considerations play a part in making the selection, But once appointed the judges are independent and are not under the influence of the executive. The method makes way for the independence of the judiciary.

The executive is considered to be best qualified agency for the appointment of trained and skilled lawyers to the post of the judges. The executive should appoint the judges in consultation with the Chief Justice or the Public Service Commission. A judge who is appointed on the basis of merit will always be impartial and independent. He will not do anything under pressure.

Question 2.
Discuss the importance and functions of Judiciary in a modern state.
Or
Describe in brief the functions of the Judiciary.
Answer:
Judiciary is the third organ of the government. This organ is no less important than the other two. Its function is to do justice. The judiciary punishes all those people who break the law. It decides the disputes which arise between the State and the citizens. Peace in the State can only be established if the disputes of the people are decided peacefully. The judiciary plays a very important role in maintaining peace in the State.

Importance of Judiciary:
Justice is the very foundation of the State. Without the judicial organ there can be no State worth the name. Its function is to interpret the laws, to apply them to individual cases of the criminals, to defend the innocent. Protection of the rights of citizens is impossible without the courts of law. In the words of Lord Bryce, “There is no better test of excellence of a government than the efficiency of its judicial system.” The judiciary is rightly called the shield of innocence and the guardian of civil rights.

In the modem State the judiciary plays an important role. In dictatorship the judiciary is subordinate to the executive. In the past also the executive branch of the government controlled the judicial branch. In Cuba even now-a-days the judiciary renders every possible assistance to the executive and those who challenge the authority of the executive are punished by the judiciary. But in a democratic State the judiciary enjoys a different place.

It punishes the law breakers and does not permit the legislature and the executive to misuse the powers. It saves the people from the excesses of the government. An individual can move the court if the executive does something wrong to him. J.R. Marriott is of the view that justice delayed is justice denied. If the justice is delayed and the justice is not really done to the people, then the life and property of the people cannot be safe. According to Gamer, “We cannot imagine a State in the absence of judiciary.”

Functions Of Judiciary:
The main function of the judiciary is to decide all those disputes which come before it. Besides deciding disputes, the judiciary is to perform so many other functions also. All those functions are given as below:

1. Decision of Disputes:
The judiciary applies the existing law to individual cases. It is not concerned with the question whether the existing law is good or bad, just or unjust, so long as it is on the statute book, the judiciary will punish those who break it. The cases which come before the judges are normally of two kinds-civil and criminal.

The appeals against the decisions of the lower courts can be made to the higher courts. Military courts deal with those persons who are guilty of the breach of military discipline. The cases of the labour are settled by the labour tribunals. The judiciary decides cases according to the law of the land. When a person is accused of violating any provision of law, he is usually brought before one of the courts. The judges hear the evidence, and decide whether he is guilty or not.

2. Interpretation of Laws:
The laws are framed by the legislature and are enforced by the executive. Sometimes the people are not clear about the meaning of certain provisions of the laws. Each word denotes so many meanings and everybody interprets those words in such a way as it suits his own interests.

Such terms, clauses and words are to be interpreted by the judiciary. The interpretation given by the judiciary is always considered to be the correct and a just one. This interpretation of the law is accepted all over the country. The judiciary also interprets the Constitution of the State. While interpreting the Constitution the judiciary keeps in view the objects for which the legislature had made a particular provision.

3. Making of Laws:
If the law is not clear or the law does not cover the case, the judges have to decide the meaning of the law or create new law. The decision given by the High Court is binding on lower courts when dealing with similar cases. The judges add flesh and blood to the dry bones of law by their interpretations and judgments.

The U.S. Supreme Court has done a lot in this respect. It has removed all the flaws and filled all the gaps of the original Constitution. In certain cases the judge is guided by his common sense and tries to arrive at a fair judgement. Such a judgement serves as a precedent for other judges. It is called: a judge-made law.

4. Protection of Fundamental Rights of the Citizens:
In the modem democratic States, the citizens are granted many fundamental rights. These rights are very essential for the development of an individual personality. These fundamental rights are to be protected so that the executive or the legislature may not violate them.

Fundamental rights can only be Properly protected by the judiciary. If the legislature in India makes a law which is opposed to fundamental rights or the executive issues an order which is a sheer violation of the fundamental rights of the citizens, the judiciary can reject such an order. It is the sacred duty of the judiciary to safeguard the fundamental rights of the people.

5. Protection of the Constitution:
Judiciary sometimes acts as the guardian of the Constitution. In the States having rigid Constitution, the different legislative bodies in the State are working within the constitutional limit. In the States having rigid and a federal Constitution the judiciary possesses the right to declare an act of the legislature or the executive as unconstitutional or ultravires, if it is beyond the authority of the legislature or the executive. The power belongs to the Supreme Courts of U.S.A. and India.

6. Advisory Functions:
The courts in some countries give advisory opinion when requested to do so by the interested persons or by the executive or the legislature. In England the practice to request a court to give a declaratory judgement is very common. The Crown sometimes asks the judicial committee of the Privy Council to give its advisory opinion upon questions of law.

In India the President may ask the opinion of the Supreme Court on the question of law. The heads of the department can also seek the advice of the judges on some great political issues having some legal implications. The advisory opinion of the judges is however not binding on them.

7. Other Functions:
Judiciary also performs such functions as are not strictly judicial in character but they are performed by the courts on grounds of economy and convenience. It appoints receivers of bankrupt bodies, manages the estates of deceased persons, appoints guardians and trustees, naturalises aliens, grants certain licences, performs marriages and appoints certain officials. In India the Chief Justice of the Supreme Court administers the oath of the office to the President of India. In certain States the judges hold investigations into certain matters.

Sidgwick says, “In determining a nation’s rank in political civilization no test is more decisive than the degree in which justice as defined by a law is actually realised in its judicial administration.”

Question 3.
What is meant by Independence of Judiciary? How can it be secured?
Answer:
Meaning of Independence of Judiciary:
Judiciary is an important organ of the government. Its main function is to apply the existing laws to the individual cases and to administer justice. Protection of the rights of the people is not possible without courts of law. It is very essential that there should be a judicial department to ascertain and decide rights, to punish crimes, and to protect the innocent from injury. The judiciary in a civilized State must be independent.

Independence of judiciary means that it should be efficient, honest and impartial in giving its judgement. It should be free from any outside control of the executive or the legislature. The judge should be free to decide cases according to law in a bold and fearless manner. He should be granted independence of judicial tenure so that he should be able to administer justice with impartiality and according to law.

Importance:
Independence of judiciary is essential in every civilized State as only then justice can be given and individual rights can be safeguarded from their violation by government officers. Without an independent judiciary, efficient and impartial justice is impossible. In case the judges are partial and timid, peace and order situation in the State will dome to the lowest ebb. The life and liberty of each individual will not be safe.

An impartial judiciary can provide right and speedy justice. Justice delayed means justice denied. In the absence of independent judiciary, individual liberty is in danger. Judiciary is to act as the guardian of the law and rights of the people. It is to protect rights from encroachment by private individuals or by the government and this can be possible only if the judiciary enjoys independence. Moreover, the only way to fight against executive high-handedness and interference is through an independent judiciary.

The judiciary must be free from the control of the legislature and the executive. In the absence of independent judiciary the Constitution would become a plaything in the hands of contending parties in countries with a rigid Constitution such as U.S.A. or India. The judiciary plays the role of the guardian of the Constitution.

It declares illegal any law passed by the legislature or any order issued by executive if it goes against some provisions of the Constitution. It keeps the executive and the legislature within their proper limits. According to the U.S. President Taft, the judiciary should remain impartial in all matters whether it is between the minority community and the majority community or between the strong and the weak.

Factors Which Establish Independence Of Judiciary:
1. Appointment of Judges:
Only those judges can remain independent who are appointed on the basis of merit. If the appointments of the judges are made unjustly or on recommendation, the judiciary can never remain independent. The judge will always remain under the influence of the appointing authority. There are three methods for making appointments of the judges:
(i) Election by the people.
(ii) Election by the legislature.
(iii) Appointment by the executive.

(i) Some people are of the opinion that the judges like the members of the legislature and the executive should also be elected by the people. In some States of U.S.A. and Switzerland this method has been adopted. But this method is considered defective. A popularly elected judge can never remain independent, impartial and honest.

(ii) In certain States the judges are elected by the legislature of the State. This system prevails in Russia, Switzerland and certain States of U.S.A. The judges elected in this way cannot be impartial and honest. The judges will remain under the influence of the political parties. This method is also not without defects.

(iii) Appointment by the executive is most common and most satisfactory method for the choice of the judges. It prevails in Great Britain and the British dominions as well as in the federal government of U.S.A. and some States of U.S.A. and in India also.

2. Security of Service:
The judges can remain independent only when they enjoy – security of service. The judges should not be afraid of losing their job. They should feel quite safe about their post. If any other organ has the right to remove a judge from the post, the judge cannot remain impartial and Just.

A judge won’t be able to deliver a decision against that person or persons who has/have the authority to remove the judge. No judge would like to put his job at stake. Therefore the judge would not be removed from the post so far as he is performing his duties honestly and sincerely. The executive should not be given the power to remove judges. But it does not mean that a judge can do whatever he likes, and his services cannot be terminated before he reaches the age of retirement.

This may lead to the misuse of authority by the judge. The method of removal of judges should be difficult. The judges of the Supreme Court of India can be removed only if both the Houses of the Parliament pass a resolution by a two-thirds majority. The judiciary can remain independent only if the method of the removal of the judges is not an easy one.

3. Tenure of Office:
The tenure of office of the judges should be sufficiently long. Almost in all the countries the tenure of the office of the judges is longer as compared to that of other government servants. There are so many reasons for the same. If the judges are appointed for a short period they cannot be honest. They will try to amass more and more wealth during this short span of time because they are not sure whether they will be able or not to earn their livelihood after the retirement. A long tenure is also good because a judge gains experience and comes to know about the technicalities of law. An experienced judge will do better justice. In U.S.A. a judge can continue on the post till life. In India the judges of the supreme court retires at the age of sixty-five.

4. Good Salary:
The judges should be paid a very handsome salary and then only they can remain impartial and honest. Financial difficulties may make a judge corrupt. If the judges are not paid decently they won’t be able to meet their needs properly. With a meagre salary the judges cannot maintain a good standard of living. The judges are to decide cases involving huge amounts and in such cases they can be tempted to accept bribe. If the judges accept illegal gratification, they cannot remain impartial. At present the Chief Justice of India is paid a salary of Rs. 2,80,000 per month and other Judges Rs. 2,50,000 per month.

5. Free from Economic Worries:
Besides giving good salary to the judges, two more things should be taken notice of. Their salary should be safe and secure. So far as the judge is in service his salary should not be reduced. The judges should be paid pension after retirement so that they are not worried about their livelihood after the retirement. If the judges are not given old age pension then they may use corrupt means to amass wealth for the old age. The economic condition of the judge should be quite sound so that he is never worried about his economic lot. If the judge is free from economic worries he will never go corrupt.

6. Qualifications:
For maintaining the independence of judiciary it is quite essential that the judges should be appointed on merit. The appointment of the judges should be based on certain definite qualifications. The judges should have a thorough knowledge of law. If the knowledge of law for the appointment of judges is not made compulsory, then people not having the knowledge of law may be appointed for the job.

We cannot expect justice from such judges. In India only that person can become the judge of the Supreme Court who either has served as a High Court Judge for a period of five years or has been an advocate of the High Court for a period of 10 years or is a distinguished jurist in the eyes of the President of India. Experience tells us that only the experienced advocates become good judges.

7. Separation from the executive:
The judiciary should be kept free from the influence of the executive. The judiciary should enjoy the power of performing functions which concern the executive. If the judiciary is under the executive or both the judicial and executive powers are in the same hands then the judges cannot remain impartial.

Short Answer Type Questions

Question 1.
Which method do you think is the best for the appointment of the Judges?
Answer:
Among various methods of appointment of judges appointment by the executive is most common and most satisfactory method for the choice of the judges. It prevails in Great Britain, dominions as well as the federal government of U.S.A. and some states of U.S.A. and in India also.

Though political considerations play a part in making the selection, when once appointed the judges are independent and are not under the influence of the executive. The method makes way for the independence of the judiciary. The executive is considered to be best qualified agency for the appointment of trained and skilled lawyers to the post of the judges. The executive should appoint the judges in consultation with the Chief Justice or the Public Service Commission. A judge who is appointed on the basis of merit will always be impartial and independent. He will not do anything under pressure.

Question 2.
Explain the main functions of the Judiciary.
Answer:
The main important functions of the Judiciary are as follow:
1. Decision of Disputes:
The main function of judiciary is to decide disputes of the citizens. It decides all those cases which are brought before it. The cases which come before the judges are normally of two kinds-civil and criminal.

2. Interpretation of Laws: The judiciary interprets the law and interpretation given by the judiciary is final.

3. Advisory Functions:
In certain countries the judiciary performs advisory functions also. The President of India can seek the advice of the supreme court in any matter, but the executive is not bound to abide by the advice of the judiciary.

4. Protection of Fundamental Rights:
It is the sacred duty of the judiciary to safeguard the fundamental rights of the people. If the legislature makes a law which is opposed to fundamental rights of the citizens or the executive issues an order against fundamental rights, the judiciary can such an order.

Question 3.
What is the meaning of Independence of Judiciary?
Answer:
The judiciary in a civilised State must be independent. Independence of judiciary means that it should be efficient, honest and control of executive or the legislature. The judge should be free to decide cases according to law in a bold and fearless manner. He should be granted independence of judicial tenure so that he should be able to administer justice with impartiality and according to law.

Question 4.
Discuss the factors which establish Independence of Judiciary.
Answer:
The following factors are essential for establishing an independent judiciary in a state:
1. Appointment of Judges:
There are three methods for making appointments of the judges. But the appointment by the executive is most common and most satisfactory method for the choice of the judges. Only those judges can remain independent who are appointed on the basis of merit.

2. Security of Service:
The judges can remain independent only when they enjoy security of service. The Judges should not be afraid of losing their job. They should feel quite safe about their post.

3. Tenure of Office:
The tenure of office of the judges should be sufficiently long. If the judges are appointed for a short period they cannot be honest. A long tenure is good for better justice.

4. Good Salary:
The judges should be paid a very handsome salary and then only they can remain impartial and honest. Financial difficulties may make a judge corrupt.

5. Qualifications:
For maintaining the independence of judiciary it is quite essential that the judges should be appointed on merit. The judges should have a thorough knowledge of law. Experience tells that only the experienced advocates become good judges.

Question 5.
Discuss .the relationship between Judiciary and Executive.
Answer:
Though in many democratic countries Judiciary is separated from the executive, yet there is a close relation between the two. In India, U.S.A. U.K. etc. judges are appointed by the executive. In some countries the executive is permitted to consult judges and seek advisory opinion of the Courts on constitutional questions. In India, the President has power to consult the Supreme Court. Chief executive is generally exempted from the jurisdiction of the Court so long as he remains in office.

But the subordinates of the chief executive are not exempted from the jurisdiction of the judiciary. Because the chief executive has to carry on administration largely through the subordinates, the judiciary has indirectly a large measure of control on the activities of the executive. In certain countries executive is given the prerogative of pardon. In India, the President has a power to grant pardon. Neither the executive should be given supreme authority nor the executive should be controlled by the Judiciary.

Question 6.
Discuss the relationship of Judiciary and Legislature.
Answer:
The main function of the legislature is to make laws and the judiciary interprets and applies-these laws to specific cases. But sometimes one usurps the functions of the other, and as such has some controlling influence on its activities. In certain countries the judiciary.possesses the right to declare an act of the legislature as unconstitutional or ultravires, if it is beyond the authority of the legislature. In U.S.A. and in India, Judiciary is really the guardian of the Constitution.

Moreover, the judiciary by its interpretation of law and constitution creates new law. The interpretation given by the judiciary is always considered to be correct and just one. In almost all the states the legislature enjoys certain judicial functions. In India and in U.S A. judges can be impeached by the legislature. In Canada even the divorce cases ar,e heard by the legislature. In Switzerland, the parliament enjoys the right of pardoning criminals.

Very Short Answer Type Questions

Question 1.
Explain the main functions of the Judiciary.
Answer:
1. Decision of Disputes:
The main function of judiciary is to decide disputes of the citizens. It decides all those cases which are brought before it. The cases which come before the judges are normally of two kinds-civil and criminal.

2. Interpretation of laws: The judiciary interprets the law and interpretation given by the judiciary is final.

Question 2.
What is the meaning of Independence of Judiciary?
Answer:
The judiciary in a civilised State must be independent. Independence of judiciary means that it should be efficient, honest and control of executive or the legislature. The judge should be free to decide cases according to law in a bold and fearless manner.

Question 3.
Discuss any two factors which establish Independence of Judiciary.
Answer:
The following factors are essential for establishing an independent judiciary in a state:
1. Appointment of Judges: There are three methods for making appointments of the judges. But the appointment by the executive is most common and most satisfactory method for the choice of the judges.

2. Security of Service: The judges can remain independent only when they enjoy security of service. The Judges should not be afraid of losing their job. They should feel quite safe about their post.

One Word to One Sentence Answer Type Questions

Question 1.
Write down any one function of Judiciary.
Answer:
The main function of Judiciary is to decide disputes of the citizens.

Fill in the blanks:

1. The …………………….. interprets the Constitution of the state.
Answer:
Judiciary.

True or False statement:

1. Independent Judiciary is important to make democracy successful.
Answer:
True.

Choose The Correct Answer

Question 1.
In which of the following state Judiciary is having power of Judicial Review?
(A) China
(B) U.S.A.
(B) England
(D) Japan.
Answer:
(B) U.S.A.

Question 2.
In which of the Allowing state Judiciary is Independent:
(A) China
(B) North Korea
(C) India
(D) Iraq.
Answer:
(C) India