Class 11

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

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 21 Directive Principles of State Policy Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 21 Directive Principles of State Policy

Long Answer Type Questions

Question 1.
Enumerate the Directive Principles given in the constitution.
Or
Explain the Directive Principles as embodied in the Indian Constitution.
Answer:
The inclusion of the Directive Principles of State Policy in Part IV (Arts. 36-51) of the Constitution is one of the significant features of the Indian Constitution. Dr. Ambedkar described them as a ‘novel feature’ of the Constitution of India. The makers of the Indian constitution were influenced by the provisions of the Irish Constitution of 1937.

The principles embodied in Part IV are in the nature of directions, instructions or recommendations to the various governments, and government agencies (including even village panchayats) to be followed as fundamental in the governance of the country. “It shall be the duty of the State to apply these principles in making laws.”

These principles guide the path which will lead the people of India to achieve the noble ideals which the Preamble of the Constitution proclaims : “Justice, social, economic and political; Liberty, Equality and Fraternity.” It should be noted that these principles are not justiciable though they have been declared fundamental in the governance of the country.

Directive Principles can be divided into four categories:
1. Socialistic and Economic Principles,
2. Gandhian Principles,
3. Liberal Principles and
4. Principles Relating to International Peace and Security.

1. Socialistic and Economic Principles:
The bulk of the directive principles aim at the establishment of a service State as opposed to a merely policy State. The principles aiming at the establishment of a Welfare State in India are as under:
(1) Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political shall inform all the institutions of national life.

(2) Article 39 calls upon the State to direct its policy towards securing:

• that the citizens, men and women equally have the right to an adequate means of livelihood.
• that there is equal pay for equal work for both men and women.
• that the ownership and control of the material resources of the community are so distributed as to subserve the common good.
• that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
• that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced to enter vocations unsuitable to their age.
• that the childhood and youth are protected against exploitation and moral and material abandonment.

(3) Articles 41 and 42 provide that the State shall made effective provision for securing the right to work, to education and the public assistance in cases of unemployment, old age, sickness, disablement and of undeserved want and to provide just and humane conditions of work and maternity relief.

(4) Article 43 provides that the State shall endeavour to secure a living wage and decent conditions of work so as to ensure to the workers sufficient leisure and enjoyment of social and cultural opportunities.

2. Gandhian Principles:
Some of the Directive Principles are in accordance with Gandhian way of life. They are:

• The State shall organise village panahayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
• The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.
• The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them form social injustice and forms of exploitation.
• The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.
• The State shall take steps to organise agriculture and animal husbandry on modern and scientific lines.
• The State shall take steps for preserving and improving the needs and for prohibition and protection from slaughter of cows and other milch cattle.

3. Liberal Principles:
In this category are included those principles which are of a general and of liberal character. These include:

• A uniform civil code throughout the territory of India.
• To bring abut the separation of judiciary from the executive.
• To provide, within ten years from the commencement of the Constitution, free and compulsory education to all children up to the age of 14 years.
• To raise the level of nutrition and the standard of living of the people and the improvement of the public health.
• The state shall protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

4. Principles Relating to International Peace and Security:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.

• The state shall endeavour to promote international peace and security.
• The state will maintain just and honourable relations between nations.
• The state will foster respect for international law and treaty obligation.
• The state will encourage settlement of international disputes byarbitration. The state is, thus, expected by the framers of the Constitution not only to take the form of a welfare state, but also to play a certain kind of role in world affairs, a role based on the quest for peace, justice, harmony and amity.

42nd Amendment Act and Directive Principles:
By 42nd amendment following principles are inserted in the Directive Principles of State Policy.
(i) The State shall ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral abandonment.

(ii) The state shall ensure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic and other disabilities.

(iii) The state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.

(iv) The state shall endeavour to protect and improve the environment and to safeguard the forests and wild life in the country.

44th Amendment and Directive Principles:
Forty-fourth Amendment inserted a new directive in Article 38. It provided for removal of inequalities in income. The state shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not amongst individuals but also amongst groups of people residing on different areas or engaged in different vocations.

Question 2.
Discuss in brief the objects of Directive Principles.
Answer:
Part IV of the Constitution can rightly be called an essay written on the Preamble to the Constitution of India.
1. The Directive Principles aim at the realisation of social and economic freedom without which political freedom has no meaning at all. The principles, to quote Joshi, ‘constitute a very comprehensive’ political, social and economic programme for a modern democratic state.

2. Article 38 declares that the state shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political shall inform all the institutions of the national life.

3. Art, 37 declares these principles to be ‘fundamental in the governance of the country’ and it shall be the duty of the state to apply these principles in making laws.

4. Speaking about the purpose of this Chapter Ambedkar said : “In enacting this part of the Constitution, the Assembly is giving certain directions to the future legislature and the future executive to show in what maiu °r they are to exercise the legislative and the executive power they will have. Surely it is not the intention to introduce in this part these principles as mere pious declarations.

It is the intention of this Assembly that in future both the legislature and the executive should not merely pay lip-service to these principles but that they should be made the basis of all legislative and executive action that may be taken thereafter in the matter of the governance of the country. The principles set forth the humanitarian socialist precepts that were and are the aims of the Indian social revolution.” In short, the principles recognize the ideal of service state in place of the regulatory state.

5. According to Dr. A. C. Kapoor, ‘These directive principles are intended to lay down in general terms the object which the framers of the constitution desired, the government at the Centre and in the states, should pursue in guiding the destiny of the nation. They are in the nature of affirmative instructions of government to direct their activities to do certain things and thereby promote the realizations of the high ideals set forth in the Preamble to Constitution.”

In the words of former Chief Justice K. Subba Rao, “In Part IV of the Constitution the Directive Principles of the state policy are laid down. It enjoins it to bring about a social order in which justice-social, economic and political shall inform all the institutions of national life. It directs it to work for an egalitarian society where there is no concentration of wealth, where there is plenty, where there is equal opportunity for all to education, to work, to livelihood and where there is social Justice.”

According to Dr. J.C. Joshi, “While Part III of Fundamental Rights lays down the foundations of political democracy in the country, Part IV contains a set of positive directions spelling out the charter of social and economic democracy.” Prof. B. K. Gokhale has rightly said that, “In brief they aim at the establishment of a welfare state in which justice, liberty and equality prevail and people are happy and prosperous.” The principles serve the purpose of a manifesto for political parties of India. Whichever party may come into power, it must follow the path shown in Part IV of the Constitution.

Question 3.
Explain briefly the grounds on which Directive Principles are criticised.
Or
The Directive Principles of State Policy do not matter. (Jennings). Discuss critically.
Answer:
The Directive Principles have been attacked from several quarters as the most misleading and superfluous features of the Indian Constitution. Commenting upon the futility of the Principles, Prof. K. T. Shah said, ‘The Directive Principles of State Policy are like a cheque payable by the bank at its convenience.” Mr. Nassiruddin, a member of the Constituent Assembly, thought that “the principles are no better than the new year’s resolutions which are broken on the second of January.” In short, the critics consider this Chapter the sleeping beauty of the Constitution. The chapter has been criticised on the basis of the following points :

1. Lack of Legal Force:
The Chapter on the Directive Principles has been criticised by the critics mainly on the ground that there is no legal force behind it. What cannot be made legally binding should not have been contained in the Constitution.

The government can very conveniently ignore them. None can compel the government to implement them. The people cannot seek the help of the Court to direct the state to enforce them as it obtains in the case of fundamental rights. As one writer has said : “Non justiciable and abstract directive principles which may be safely ignored by the legislatures do not enchance the true prestige of a written Constitution but these principles are declared fundamental in the governance of the country in spite of the fact they cannot be enforced by any court.”

2. Vague and Indefinite:
Most of the principles are vague and indefinite. The wisdom of some of these principles is open to serious doubt. It should be remembered that Directive Principles are not eternal and that they change from time to time. Man is a changing animal, so should the Principles be. Then, though the purpose of the inclusion of these Principles in the Constitution has been the establishment of a Welfare State in India, some important matters have been completely left out. For example, no Principle lays down in clear terms as to what should be the relationship between the workers and the capitalists.

3. Retard the Progressive Character of the Constitution:
By making these Principles eternal truths, immutable for all times to come, the Constitution has put the legislature in a very embarrassing position. It is not essential that these principles will provide a panacea for all the social and economic ills of the society. Every generation has its own problems and every problem needs a relative solution. In this age of atomic and hydrogen era, nothing can be taken for granted. It will be very harmful to fetter the progressive character of the Constitution.

4. Self-imposed Directions are Meaningless:
Directions are given by a superior to an inferior. But it looks funny and meaningless that a sovereign nation should issue directions to itself.

5. Constitutional Conflict:
Mr. K. Santhanam says that these principles may lead to conflict between President and the Prime Minister. He says, what happens if the P. M. of India ignores these instructions. The President may impose penal dissolution on the ground that since these are fundamental in the governance of the country, the P. M. or his ministry has got no right to ignore them. As such these principles may lead to conflict between the P. M. and the President.

6. Brake on the wheels of National Progress:
Dr. Jennings said that the ideals embodied in the chapter may not simply become outmoded and antiquated in the next century. They might act as citadels of reactions as well and thus clog national progress.

7. Means to implement Directive Principles not mentioned:
Directive Principles are like an end but to achieve the end no reference is made to the means. Means are not mentioned through which the Directive Principles have to be implemented.

8. Unrealistic and Impracticable Principles:
Most of the Directive Principles are unreaslistic and impracticable. For example, the enforcement of Prohibition and the maintenance of just and honourable relations with other countries of the world are impracticable principles.

9. Moral Principles: The Directive Principles are nothing more than mere moral principles.

Question 4.
What is the importance of the chapter on Directive Principles of State Policy in our constitution?
Or
Give a brief account of those Directive Principles of State Policy which reflect the country’s economic policies.
Or
Examine the importance of Directive Principles of State Policy.
Answer:
Despite the hostile criticism levelled against the Principles, the Chapter remains “one of the most cardinal, important and creative Chapters of this Constitution.” They don’t lose value by the fact that they lack legal force. By not making these Principles Justiciable, the makers of the Constitution did the right thing. Had they done so, they would have made the Principles rigid. It was not desirable for a living, vital and progressive nation. After all there can be honest difference of opinion to achieve the ideals set forth in the Constituent Assembly.

Dr. Ambedkar said : “We have left enough room for the people of different ways to persuade the electorate that it is the best way of searching economic democracy : the fullest opportunity to act in the way in which they want to act.” There is, thus, scope for flexibility for the realisation of these ideals. If they provide impetus for the conservatives, they equally restrain the radicals. They thus keep the Constitution on an even keel. .

1. Guidelines for the Government:
These principles guide each government regarding the internal and external policy of the state. Whatsoever government comes to power, it must act according to the guidelines provided by these principles. Any party may form the government, it is not to bother about the aims and objects of its administration because Directive Principles place before the government clear cut aims and ideals. By following these lines India can attain the required end.

2. Declaration of Ideal of the Welfare State:
The Directive Principles stand for a welfare state. These principles help in the realisation of the ideals of social justice and economic democracy. When the state translates these principles into reality, India can justly claim to be a welfare state.

3. Barometer for assessing the achievements of the government:
The directive principles are an important instrument in the hands of the people to judge the achievements of the government. In democracy the people govern through their representatives. They elect their representatives and they speak and act on behalf of the public. The representatives of the people try to promote the welfare of the people.

The people keep a strict watch over the activities of the government and keep on reminding the government abput its aims and objects. These directive principles serve as the measuring rod of attainments of the government. If the government acts on the lines provided by these principles, it is considered as a good government and if the government flouts these principles, it is considered a bad government.

4. Support of Public Opinion:
There is no legal force behind the directive principles of state policy. But there is the force of public opinion behind these principles. With the help of these principles a Welfare State can be established in India. These principles can help in the promotion of social and political lot of he people. In a democracy the people want the government to make their lives happy and prosperous.

The government which does not show due regards to these principles falls in the estimation of the people and in the next election it may not be able to capture the votes of the people. The people will vote for a government which runs its administration on the lines suggested by directive principles of state policy. The government, therefore, tries its utmost to implement these principles.

5. Important Place in the World:
These principles aim at the progress of man’s life. They aim at bringing a good name to India in the world. These principles can help in the establishment of a welfare state in India. These principles stress the need of maintaining friendly relations with other countries of the world and aim at the maintenance of world peace.

For all its efforts in the field of maintenance of world peace and other fields, India is very much respected by all other countries of the world. In oct. 2010, India was elected the member of the Security Council for the Seventh time for the period of 2-years between January 2011 to December 2012. India has also stood for world peace and, therefore, these principles can be called the very basis of Indian culture.

6. Helpful in making fundamental rights a success:
Keeping in view one more thing, the Directive Principles of State Policy cannot be called meaningless. We can make the best use of fundemantal rights only when the Directive Principles of state policy are implemented. A person may be given the right to vote, but if he is not free from his economic worries he is sure to sell his vote. The fundamental rights go side by side with the directive principles. Moreover, the executive is to be separated from the judiciary if justice is to be had. The success of fundamental rights depends upon the application of Directive Principles of state policy.

7. Guideline for the Judiciary:
No doubt, the Directive Principles cannot override the provisions contained in Chapter III, yet they have been helpful to the judiciary in determining the actual scope of the Fundamental Rights. In some of the decisions, the Supreme Court has made a direct reference to these principles.

In Nashirwar Vs. State of Madhya Pradesh, the Supreme Court held there is no fundamental right to carry on the trade of liquor, because of the reasons of public morality and public interest, etc. The Supreme Court referred to the directive principles contained in Article 47. Similarly in the State of Bihar Vs. Kameshwar Singh, the Supreme Court held that the abolition of Zamindari had legitimate ‘public purposes’.

No doubt the Directive Principles of state policy have no legal force behind them but even then their inclusion in the Constitution is not meaningless. Dr. Ambedkar had remarked that these Principles would be considered fundamental in the governance of the country. Those who are called upon to govern the state, must attach due importance to these principles.

These Principles serve as the guideline for the government and no government should ignore these principles. These principles serve as a constant reminder to the politicians and the inhabitants of the country that the framers of the Constitution had placed very high moral ideals before all of them.

Question 5.
Examine the relationship between fundamental rights and directive principles.
Or
Compare the judgement of the Supreme Court on the relationship between the Directive Principles and the Fundamental Rights.
Answer:
The Indian Bill of Rights has been included in Part III of the Constitution. It lays down the foundation of political democracy in the country. But political democracy is hollow if it is not accompanied by economic democarcy. Surplus and starvation cannot go together. Part IV of the Constitution deals with the Directive Principles. The aim of the Directive Principles is the establishment of Welfare state opposed to the Police state. By passing the Karachi Resolution in 1931, the Congress Party had committed itself to a programme of social and economic changes on the advent of independence. Hence the incorporation of the Principles in Part IV of the Constitution.

Difference between Directive Principles and Fundamental Rights :
The two differ in their nature and extent.
1. Fundamental Rights are justiciable, Directive Principles are not:
Directive Principles, though declared ‘fundamental in the governance of the country’ are not justiciable. In other words, the state cannot be sued in any court of law in case they are ‘violated’ or not implemented. The right to Constitutional Remedies, as enshrined in Art. 32 of the Constitution, covers Part III and not Part IV of the Constitution. They, thus, lack legal force. They confer no legal rights and create no legal remedies.

The Fundamental Rights, on the other hand, are enforceable by the courts. They are congnizable. The judiciary has been empowered to issue orders, directions and writs for the enforcement of the fundamental rights. But no such legal status has been conferred on the Principles. The Constitution clearly lays down that the Directive Principles “shall not be enforceable by any court.”

2. Fundamental Rights are Mandatory, while Directive Principles are Optional:
It is mandatory for the government to enforce Fundamental Rights. But Directive Principles are just like optional directive principles. It is for this reason that Prof. K. T. Shah depreciated the directive principles as ‘pious wishes’ and mere window dressing for the social revolution of the country.

3. Fundamental Rights are negative to prohibit the Government from doing certain things, the Directive Principles are affirmative instructions to the Government to do certain things:
The Directive Principles are of the nature of general directions to the State to frame its policy in accordance with the spirit of these principles. The principles contain certain ideas and ideals which the new nation has put before it. The fundamental rights are of the nature of ‘don’ts’. They are intended to curb the arbitrariness of Government.

For example, the Constitution prohibits the state to discrimate one citizen against the other on the ground of caste, class, sex, creed, language, religion, etc. Similarly, the state cannot deprive any person of his property save by authority of law’. The directives, on the other hand, are intended to serve as a chart for the Governments to follow. The state ‘shall strive for’ realisation of these principles. The principles are, thus, recommendatory and not mandatory.

4. Fundamental Rights Concern the Individual, while Directive Principles the Society:
Fundamental Rights are concerned with the individual whereas Directive Principles concern the entire society in which the individual is but a component.

5. Difference in Aim:
The aim of Fundamental Rights is political democracy but that of Directive Principles is Economic Democracy.

6. Fundamental Rights have already been attained but Directive Principles are not yet fully enforced,

7. In case of Conflict which of the two will get importance ? Before the passing of 25th and 42nd Amendments, Directive Principles were subsidiary to Fundamental Rights. In case of conflict between the two, the courts had to uphold the Fundamental Rights. No doubt, the Constitution enjoins upon the state to make its laws in accordance with the Principles. But while doing so, the state cannot harm the provision contained in Part III of the Constitution.

But the 25th Amendment Act changed the relations between directive principles and fundamental rights. The 25th Amendment lays down : “Notwithstanding anything contained in Art. 13, no law given effect to the policy of the state towards securing the principles specified in clause (B) or clause (C) of Art. 39 shall be deemed to be void on the ground that it is inconsistent with or takes away or abridges any of the rights conferred by Arts. 14 and 19 or Art. 31 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any Court on the ground that it does not give effect to such policy.”

But by Section 4 of the 42nd Amendment Act, 1976, protection has been extended to legislation for implementation of any of the Directive enurmerated in Part IV. The effect of this amendment is far-reaching as it tends to give a primacy to the Directive Principles. It is not open now to any court to challenge any law based on Directive Principles, even though inconsistent with certain Fundamental Rights. In other words, as D.D. Basu puts it, “A law giving effect to any of the Directive shall be immune from attack of unconstitutionality on the ground of contravention of Arts. 14, 19 and 31.

Outside these three Fundamental Rights, however, the pre-1976 decisions shall continue to apply.” But on 9th May, 1980, the Supreme Court struck down section 4 of the 42nd Amendment Act amending 31 C giving primacy to Directive Principles of State Policy over fundamental rights. The Court held that Section 4 of the 42nd Amendment Act amending 31-C was beyond the amending power of Parliament and was void since it damages the basic total exclusion of challenge in Court of law on grounds that it takes away or abridges fundamental rights under Article 14 or Article 19 if the law was for giving effect to Directive Principles.

Question 6.
Explain to what exent the Directive Principles of State Policy have helped India to become a welfare state.
Answer:
The ideal of the welfare state is embodied in the Directive Principles given in the Indian Constitution. Prof. B. K. Gokhale has rightly said that, “In brief Directive Principles aim at the establishment of welfare state in which justice, liberty and equality prevail and people are happy and prosperous.” Directive Principles’ contribution to welfare state is as follows :

1. Article 38 provides that the state shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform all the institutions of national life.

2. State should frame its policies in such a way as to ensure adequate means of livelihood to all. The state should ensure that health and strength of workers, men and women and the tender age of children are not abused and the citizens are not forced to enter vocation unsuitable to their age.

3. Directive Principles provided that the ownership and control of the material resources of the community are so distributed as to subserve the common good.

4. The state shall made effective provision for securing the right of work, to education and the public assistance in cases of unemployment, old age, sickness, disablement and of undeserved want and to provide just and humane conditions of work and maternity relief.

5. The state will create conditions for well-being and advancement of the individuals.

6. The state shall promote with special care the educational and economic interests of the weaker sections of the people and the Scheduled tribes in order to protect them from social injustice and forms of exploitation.

7. The state shall take steps for decentralisation of power. Judiciary will be separated from the executive.

Question 7.
Discuss the Directive Principles of State Policy laid down in our Constitution. What are the sanctions behind them ?
Answer:
Directive Principles given in the Constitution.
The inclusion of the Directive Principles of State Policy in Part IV (Arts. 36-51) of the Constitution is one of the significant features of the Indian Constitution. Dr. Ambedkar described them as a ‘novel feature’ of the Constitution of India. The makers of the Indian constitution were influenced by the provisions of the Irish Constitution of 1937.

The principles embodied in Part IV are in the nature of directions, instructions or recommendations to the various governments, and government agencies (including even village panchayats) to be followed as fundamental in the governance of the country. “It shall be the duty of the State to apply these principles in making laws.”

These principles guide the path which will lead the people of India to achieve the noble ideals which the Preamble of the Constitution proclaims : “Justice, social, economic and political; Liberty, Equality and Fraternity.” It should be noted that these principles are not justiciable though they have been declared fundamental in the governance of the country.

Directive Principles can be divided into four categories :
1. Socialistic and Economic Principles,
2. Gandhian Principles,
3. Liberal Principles and
4. Principles Relating to International Peace and Secutiry.

1. Socialistic and Economic Principles:
The bulk of the directive principles aim at the establishment of a service State as opposed to a merely policy State. The principles aiming at the establishment of a Welfare State in India are as under :
(1) Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting a social order in which justice, social, economic and political shall inform all the institutions of national life.

(2) Article 39 calls upon the State to direct its policy towards securing:

• that the citizens, men and women equally have the right to an adequate means of livelihood.
• that there is equal pay for equal work for both men and women.
• that the ownership and control of the material resources of the community are so distributed as to subserve the common good.
• that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
• that the health and strength of workers, men and women and the tender age of children are not abused and that citizens are not forced to enter vocations unsuitable to their age.
• that the childhood and youth are protected against exploitation and moral and material abandonment.

(3) Articles 41 and 42 provide that the State shall made effective provision for securing the right to work, to education and the public assistance in cases of unemployment, old age, sickness, disablement and of undeserved want and to provide just and humane conditions of work and maternity relief.

(4) Article 43 provides that the State shall endeavour to secure a living wage and decent conditions of work so as to ensure to the workers sufficient leisure and enjoyment of social and cultural opportunities.

2. Gandhian Principles:
Some of the Directive Principles are in accordance with Gandhian way of life. They are:

• The State shall organise village panahayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government.
• The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.
• The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them form social injustice and forms of exploitation.
• The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.
• The State shall take steps to organise agriculture and animal husbandry on modern and scientific lines.
• The State shall take steps for preserving and improving the needs and for prohibition and protection from slaughter of cows and other milch cattle.

3. Liberal Principles:
In this category are included those principles which are of a general and of liberal character. These include :

• A uniform civil code throughout the territory of India.
• To bring abut the separation of judiciary from the executive.
• To provide, within ten years from the commencement of the Constitution, free and compulsory education to all children up to the age of 14 years.
• To raise the level of nutrition and the standard of living of the people and the improvement of the public health.
• The state shall protect every monument or place or object of artistic or historic interest, declared by Parliament by law to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

4. Principles Relating to International Peace and Security:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.

• The state shall endeavour to promote international peace and security.
• The state will maintain just and honourable relations between nations.
• The state will foster respect for international law and treaty obligation.
• The state will encourage settlement of international disputes byarbitration. The state is, thus, expected by the framers of the Constitution not only to take the form of a welfare state, but also to play a certain kind of role in world affairs, a role based on the quest for peace, justice, harmony and amity.

42nd Amendment Act and Directive Principles:
By 42nd amendment following principles are inserted in the Directive Principles of State Policy.

(i) The State shall ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral abandonment.

(ii) The state shall ensure that the operation of the legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic and other disabilities.

(iii) The state shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry.

(iv) The state shall endeavour to protect and improve the environment and to safeguard the forests and wild life in the country.

44th Amendment and Directive Principles:
Forty-fourth Amendment inserted a new directive in Article 38. It provided for removal of inequalities in income. The state shall, in particular, strive to minimise the inequalities in income and endeavour to eliminate inequalities in status, facilities and opportunities, not amongst individuals but also amongst groups of people residing on different areas or engaged in different vocations.

Sanctions behind the Directive Principles of State Policy. Although there is no sanction of law behind these Principles, ‘yet they have to be obeyed because behind them is the authority of public opinion, “a bigger and more powerful tribunal.” In the last analysis, a real sanction behind all laws is the public opinion, Same is true of the Directive Principles.

Like the conventions of the English Constitution they are the code of honour, the conscience of the nation. The masses are in favour of these Principles because they stand for the establishment of a Welfare State. In the words of Justice Kania, ‘The Directive Principles represent not the temporary will of a majority but the deliberate wisdom of nation exercised while setting the paramount and permanent law of the country.

In democracy, the rulers rule by suffrance i.e. authority is a trust. And any abuse of this authority on the part of the Government will make the public opinion hostile. The Government will certainly forfeit the confidence of the people if it deviates from Part IV of the Constitution. There shall be no hope of its coming into power if it fails to implement these Principles. None can discount the force of public opinion in democracy.

It is the active, propelling factor. The distinguishing feature of democracy is that government authority is built, controlled and conditioned by the force of an active public opinion. No government responsible to the people can afford to pay lip-service to these principles. “A little shift in public opinion may convert the majority of today into the minority of tomorrow.” All governments, even the most despotic one, ultimately rest on the consent of the people.

Question 8.
How far and in what manner the Directive Principles have been implemented in India ? Discuss.
Answer:
Opinions differ on how far the Directive Principles of State Policy have been implemented in actual practice. But it is absurd to claim that all these principles have been completely translated into action. On the contrary, it is equally wrong to allege, as was done by a Communist member of the Lok Sabha in 1958 that “these solemn declarations were not ‘directives’ but only ‘decoratives in the Constitution’.

The main objective of the Five-Year Plans has been to achieve a balanced economic development and to raise living standards. The plans are so designed as to result “not only in appreciable increase in national income and employment, but also in greater equality in incomes and wealth.”
Following steps have been taken to implement the Directive Principles as far as possible under existing conditions.

1. Zamindari system has been abolished in almost all the states.
2. Most states have passed laws prohibiting cow slaughter.
3. Exploitation has been prohibited.
4. In majority of the states Judiciary is separated from the executive.
5. Various measures have been taken to promote the welfare of Scheduled Tribes and Scheduled Castes and to advance the educational and economic interests of weaker and backward sections of tlte people.
6. Various steps have been taken to raise the standard of living of the people.
7. Means of production are no longer completely in the hands of private sector. Key industries have been nationalised.
8. New and mechanised means of agriculture are being adopted.
9. Various measures have been adopted to promote small scale and cottage industries.
10. Panchayati Raj is established in almost in all the states.
11. Community Projects have been started to develop villages.
12. Steps have been taken for prohibition.
13. Women are given equal rights with men.
14. The enactment of the Hindu Marriage Act (1955) and the Hindu Succession Act (1956) are important landmarks on the road to the development of a Uniform Civil Code.
15. Main aim of the 25th Amendment is the implementation of the Directive Principles.
16. Free and compulsory education has been introduced in many States.
17. Indian government has tried to establish friendly relations with neighbouring states.
18. India has followed the policy of non-alignment and has played a very important role in maintaining world peace.
19. Prime Minister Sh. Narender Modi has adopted many measures to implement the Directive Principles.
20. In Jan 2019, the central government givens 10% Reservation for Economically weaker sections in upper caste.

Short Answer Type Questions

Question 1.
Explain the nature of Directive Principles of State Policy as mentioned in the Constitution of’India.
Answer:
Article-37 exhibits the nature of directive principles. Article-37 of the Constitution clearly lays down that the directive principles are not justiciable, yet these principles are nevertheless fundamental in the governance of the country. It shall be the duty of the State to implement directive principles. Thus, it is clear that the directive principles are not enforceable, yet they are to be regarded as fundamental principles in the governance of the country.

Another words, directive principles guide the government in the formulation of policies. The directive principles are intended to be kept in mind both by the legislature in enacting laws and by the executive in enforcing the law. These are unenforceable directives through which the constituent assembly tried as Dr. Ambedkar put it. ‘To give certain direction to the future legislature and the future executive to show in what manner.

They are to exercise the power they will have.” These directive principles are mostly in the nature of moral precepts and economic maxims, having no legal force. The directive principles specify the aims and objectives of the Constitution of India which are to be seemed by the state through future policy making and legislation.

Question 2.
What are the main aims of the Directive Principles?
Answer:

1. Most important aim of the Directive Principles is to establish social and economic democracy. They aim at the realisation df social and economic freedom without which political freedom has no meaning at all.
2. Directive Principles guide the state legislature and executive in the governance of the country.
3. These Principles aim at the establishment of a welfare state in which justice, liberty and equality prevail and people are happy and prosperous.
4. These principles serve the purpose of a manifesto for all the political parties of India. Whichever party may come into power, it must freed the path shown by Directive Principles.

Question 3.
Mention any five directive principles given in the Constitution.
Answer:

• The state shall strive to promote the welfare of the people.
• The state shall endeavour to secure a living wage and decent conditions of work.
• The state shall take steps to establish a uniform Civil Code throughout the country.
• The state shall endeavour to promote international peace and security.
• The state shall take steps to separate the judiciary from the executive.

Question 4.
State any four Directive Principles of State Policy which lay down the foundation of a Socialist Society in India.
Answer:
The bulk of the directive principle aims at the establishment of a Socialist Society in India. Most of the socialistic principles are contained in Article 38, 39, 41, 42 and 43.

1. The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice-4 social, economic and political shall inform all the institution of national life.
2. The State shall provide adequate means of livelihood to all citizens, men as well as women.
3. The State shall try to secure equitable distribution of material resources of the community with a view to ensure common good.
4. The State shall endeavour to secure a living wage and decent conditions of work so as to ensure to the workers sufficient leisure and enjoyment of social-cultural opportunities.

Question 5.
Explain in brief the Gandhian principles as provided in the Directive Principles of the State Policy.
Answer:
Some of the Directive Principles are in accordance with Gandhian Ideology. They are as follows:

• The State shall organise village panchayats to enable them to function as units of Self-governments.
• The State shall endeavour to promote cottage industries on individual and co¬operative basis in small areas.
• The State shall promote with special care the educational and economic interests of the weaker sections of the people and Scheduled Tribes in order to protect them from social injustice and forms of exploitation.
• The State shall take steps to secure the improvement of public health and to bring about prohibition of the consumption except for medical purposes, of intoxicating drinks and of drugs which are injurious to health.

Question 6.
Describe four Directive Principles relating to International peace and security.
Answer:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.

• The state shall endeavour to promote international peace and security.
• The state will maintain just and honourable relations between nations.
• The State will foster respect for international law and treaty obligation.
• The state will encourage settlement of international disputes by arbitration.

Question 7.
Describe any four Liberal Principles as provided in the Directive Principles of State Policy.
Answer:
In this category are included those principles which are of a general and of liberal character. These include:

• A uniform civil code throughout the territory of India.
• To bring about the separation of judiciary from the executive.
• To provide, within ten years from the commencement of the Constitution, free and Compulsory education to all children up to the age of 14 years.
• To raise the level of nutrition and the standard of living of the people and the improvement of the public health.

Question 8.
What do you understand by the statement that Directive Principles are non-justiciable?
Answer:
Directive Principles, though declared ‘fundamental in the governance of the country’ are not justiciable. It means that the State cannot be sued in any court of law in case directive principles are violated or not implemented. The right to Constitutional remedies, as enshrined in Article-32 of the Constitution covers fundamental rights and not directive principles. .Thus, directive principles lack legal force. They confer no legal rights and create no legal remedies. They are not enforceable by the courts.

Question 9.
Justify that Directive Principles have gone a long way in establishing a Welfare State in India.
Or
How do the Directive Principles of State Policy help in the establishment of a Welfare State?
Answer:
The purpose of incorporating directive principles of State Policy in the Constitution is to make India a Welfare State. Prof. B.K. Gokhale has rightly said that “In brief they aim at the establishment of a Welfare State ” The directive principles which render welfare character to the Indian state may be summed up as under:

• The State shall try to secure the welfare of the people by securing and protecting a social order.
• The State shall provide adequate means of livelihood to all citizen men as well as wopien.
• The State shall provide equal pay for equal work for both men and women.
• The State shall secure right to work, to education and to public assistance in cases of unemployment, old age, sickness, etc.

Question 10.
Write any four Directive Principles of State Policy that have been implemented.
Answer:
The Directive Principles are not just pious wishes. Many of these principles have already been implemented. For instance:

1. Untouchability, the age-old curse of the Indian society, has been made an offence punishable by law and a number of laws have been enacted for this purpose.
2. Panchayats have been established in the remotest villages of our country and they have been vested with adequate powers to ensure their functioning as units of self-government.
3. For the promotion of cottage industries the Government has established several boards, viz., All India
4. Handloom Board, All India Khadi and Village Industries Board, etc.
   Steps like reservation of seats in educational institutions and posts in services have been taken to promote the interest of Scheduled castes and Scheduled tribes.

Question 11.
State any four points of difference between the Fundamental Rights and the Directive Principles.
Answer:
The following are the four main points of different between the Fundamental Rights and the Directive Principles:
1. Fundamental rights are like negative injunctions asking the state not do this or that, but the directive principles are like positive directions that the state should follow in order to establish the desired social and economic order.

2. The fundamental rights are justiciable, but the directives are not enforceable by courts.

3. The underlying object of the fundamental rights is to establish political democracy in India, while the purpose of directive principles is the establishment of economic democracy in our country.

4. The directive principles are in many cases of a wider scope than the fundamental, rights. The directive principles contained in Article 39 (b) and (c) enjoy precedence over the fundamental rights contained in Articles 14 and 19. The fundamental rights contained in other Articles enjoy primary over all the directive principles.

Question 12.
Explain briefly four main grounds on which Directive Principles are criticised.
Answer:
The Directive Principles have been attacked from several quarters as the most misleading and superfluous features of the Indian Constitution.

1.Lack of Legal Force. The Chapter of the Directive Principles has been carried down by the critics mainly on the ground that there is no legal force behind it. What cannot, be made legal binding should not have been contained in the Constitution.

2. Vague and Indefinite. Most of the Principles are vague and indefinite. The wisdom of some of these principles is open to serious doubt.

3. Self-imposed Directions are Meaningless. Directions are given by a superior to an inferior. But it looks funny and meaningless that a sovereign nation should issue directions to itself.

4. Means to implement Directive Principles not mentioned. Directive principles are like an end but to achieve the end no reference is made to the means. Means are not mentioned through which the Directive Principles have to be implemented.

Question 13.
Describe in brief the importance of Directive Principles.
Answer:
1. Guidelines for the Government. These principles guide each government regarding the internal and external policy of the state.

2. Declaration of Ideal of the Welfare State. The Directive Principles stand for a welfare state. These principles help in the relation of the ideals of social justice and economic democracy. When the state translates these principles into reality, India can justly claim to be a welfare state.

3. Barometer for Assessing the achievements of the Government, The directive principles are an important instrument in the hands of the people to judge the achievements of the government.

Very Short Answer Type Questions

Question 1.
What are the main aims of the Directive Principles?
Answer:

1. Most important aim of the Directive Principles is to establish social and economic democracy. They aim at the realisation of social and economic freedom without which political freedom has no meaning at all.
2. Directive Principles guide the state legislature and executive in the governance of the country.

Question 2.
Discuss any two directive principles given in the Constitution.
Answer:

• The state shall strive to promote the welfare of the people.
• The state shall endeavour to secure a living wage and decent conditions of work.

Question 3.
State any two Directive Principles of State Policy which lay down the foundation of a Socialist Society in India.
Answer:

• The State shall strive to promote the welfare of the people by securing and protecting a social order in which justice-4social, economic and political shall inform all the institution of national life.
• The State shall provide adequate means of livelihood to all citizens, men as well as women.

Question 4.
Explain any two Gandhian principles as provided in the Directive Principles of the State Policy.
Answer:

• The State shall organise village panchayats to enable them to function as units of Self-governments.
• The State shall endeavour to promote cottage industries on individual and co-operative basis in small areas.

Question 5.
Explain any two Directive Principles relating to International peace and security.
Answer:
Article 51 raises the obligations of the state to a still higher level, from the national to the international.

• The state shall endeavour to promote international peace and security.
• The state will maintain just and honourable relations between nations.

Question 6.
Describe any two Liberal Principles as provided in the Directive Principles of State Policy.
Answer:
In this category are included those principles which are of a general and of liberal character. These include:

• A uniform civil code throughout the territory of India.
• To bring about the separation of judiciary from the executive.

Question 7.
What do you understand by the statement that Directive Principles are non-justiciable?
Answer:
Directive Principles, though declared ‘fundamental in the governance of the country’ are not justiciable. It means that the State cannot be sued in any court of law in case directive principles are violated or not implemented.

Question 8.
How do the Directive Principles of State Policy help in the establishment of a Welfare State?
Answer:
The directive principles which render welfare character to the Indian state may be summed up as under:

• The State shall try to secure the welfare of the people by securing and protecting a social order.
• The State shall provide adequate means of livelihood to all citizen men as well as women.

Question 9.
Write any two Directive Principles of State Policy that have been implemented.
Answer:
The Directive Principles are not just pious wishes. Many of these principles have already been implemented. For instance:

1. Untouchability, the age-old curse of the Indian society, has been made an offence punishable by law and a number of laws have been enacted for this purpose.
2. Panchayats have been established in the remotest villages of our country and they have been vested with adequate powers to ensure their functioning as units of self-government.

Question 10.
Explain any two points of difference between the Fundamental Rights and the Directive Principles.
Answer:
The following are the four main points of different between the Fundamental Rights and the Directive Principles: .Fundamental rights are like negative injunctions asking the state not do this or that, but the directive principles are like positive directions that the state should follow in order to establish the desired social and economic order.

1. The fundamental rights are justiciable, but the directives are not enforceable by courts.

Question 11.
Explain briefly two main grounds on which Directive Principles are criticised.
Answer:

Lack of legal force:
The Chapter of the Directive Principles has been carried down by the critics mainly on the ground that there is no legal force behind it. What cannot be made legal binding should not have been contained in the Constitution.

Vague and Indefinite: Most of the Principles are vague and indefinite. The wisdom of some of these principles is open to serious doubt.

Question 12.
Describe in brief the importance of Directive Principles.
Answer:

1. Guidelines for the government. These principles guide each government regarding the internal and external policy of the state.
2. Declaration of Ideal of the Welfare State. The Directive Principles stand for a welfare state. These principles help in the relation of the ideals of social justice and economic democracy.

One Word to One Sentence Answer Type Questions

Question 1.
Mention any one Directive Principle concerning the welfare of children.
Answer:
Within ten years from the enforcement of the constitution, the state will make provision for free and compulsory education for children up-to fourteen years of age.

Question 2.
In which part of the Indian Constitution and in which Articles, the Directive Principles of State Policy have been mentioned?
Answer:
Directive Principles of State Policy have been mentioned in the With part of the Indian Constitution from Art. 36 to Art 51.

Question 3.
Mention any one Socialistic Directive Principle.
Answer:
The state will provide the means of livelihood to all

Question 4.
Mention any one directive principle concerning social welfare.
Answer:
The state will create such a social order in which all the citizens will get social, economic and political rights in every sphere of national life.

Question 5.
Mention any one economic Directive Principle.
Answer:
The state will create such a social system in which the ownership and distribution of the physical and material resources of the country will be such as to achieve the interest of the common people.

Question 6.
Mention the one Directive Principle of State Policy which was incorporated in the Indian Constitution through the 42nd Amendment.
Answer:
By a proper law or any other method, the state will try for the objective that labourers get opportunities to participate in any business concerning industries and other such institutions.

Question 7.
Directive Principles are not justiciable. What do you mean by this statement?
Answer:
There is no legal sanction behind the Directive Principles.

Question 8.
Discuss the source of Directive Principles.
Answer:
The Irish Constitution.

Question 9.
What is the relevance of the Directive Principles of State Policy?
Answer:
Directive Principles are torch-bearer for the ruling party.

Question 10.
Write down any one Directive Principle concerning welfare of women.
Answer:
Men and women should get an equal salary.

Fill in the blanks

1. The Directive Principles of State Policy are enumerated in …………… of the Indian Constitution, under Article 36 to 51.
Answer:
Part-IV

2. The Constitution makes borrowed the idea of Directive Principles from the …………… Constitution.
Answer:
Irish

3. By …………… Amendment some New Directive Principles are also included in the Constitution.
Answer:
42nd

4. Directive Principles are fundamental in the …………… of the country.
Answer:
Governance

5. Fundamental Rights are justiciable while …………… of state policy are non-justiciable.
Answer:
Directive Principle.

True or False Statement

1. Dr. Ambedkar described Directive Principles as a novel feature’ of the Constitution
Answer:
True

2. A uniform civil code throughout the territory of India as regarded the Gandhian principles.
Answer:
False.

3. The main object of the Directive principles is the establishment of welfare Gate.
Answer:
True

4. Directive Principles did not sepre the purpose of manifesto for political parties of India.
Answer:
False.

5. There is a legal force behind the Directive Principles.
Answer:
False.

Choose The Correct Answer

Question 1.
Who said, “The Directive Principles of State Policy are like a cheque payable by the Bank at its convenience”?
(A) M.C. Chagla
(B) Nassirudin
(C) J.C. John
(D) KT. Shah.
Answer:
(B) Nassirudin

Question 2.
Framers of the Indian Costitution borrowed the idea of Directive Principles of the State from the Constitution of:
(A) England
(B) U.S. A.
(C) Ireland
(D) France.
Answer:
(C) Ireland

Question 3.
The purpose of Inclusion of Directive Principles in the Constitution is:
(A) To establish Political Democracy
(B) To establish Social Democracy
(C) To establish Social and Economic Democracy
(D) None of these.
Answer:
(C) To establish Social and Economic Democracy

Question 4.
Directive Principles of State Policy are mentioned under Articles:
(A) 14 to 32
(B) 19 to 22 .
(C) 12 to 34
(D) 36 to 51.
Answer:
(D) 36 to 51.

Question 5.
The nature of Directive Principles of State Policy is:
(A) Negative
(B) Positive
(C) Both Negative and Positive
(D) Neither Negative nor Positive.
Answer:
(B) Positive

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 20 Fundamental Duties Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 20 Fundamental Duties

Long Answer Type Questions

Question 1.
Critically evaluate the Fundamental duties given in the Indian Constitution.
Answer:
By 42nd amendment after Part IV of the Constitution, Part IV-A is inserted in the Constitution which lays down fundamental duties of the Citizens. The fundamental duties are intended to serve as a constant reminder to every citizen that while the Constitution specially conferred upon him certain fundamental rights, equally the citizens are also required to observe certain basic norms of democratic conduct and democratic behaviour.

For the first time a set of 10 Fundamental Duties of citizens has been enumerated. One more fundamental duty was incorporated in Part 4 A of 51 A by the 86th Amendment made in Dec, 2002. Part IV A of 11 Fundamental Duties is by far the most fundamental and very important for every generation, present as well as future:

1. It is the duty of every citizen to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. It is the duty of every citizen to cherish and follow the noble ideals which inspired our national struggle for freedom.
3. It is the duty of every citizen to uphold and protect sovereignty, unity and integrity of India.
4. It is the duty of every citizen to defend the country and render national service when called upon to do so.
5. It is the duty of every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to renounce practices derogatory to the dignity of women.
6. It is the duty of every citizen to value and preserve the rich heritage of its composite culture.
7. It is the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.
8. It is the duty of every citizen to develop the scientific temper, humanism and the spirit of inquiry and reform.
9. It is the duty of every citizen to safeguard public property and to abjure violence.
10. It is the duty of every citizen to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievements.
11. To provide facilities of education to children by their parents.

Evaluation of Fundamental Duties. Inclusion of Fundamental Duties in the Constitution is a progressive step:
By inserting Fundamental Duties, 42nd Amendment has removed one of the biggest drawbacks of the Constitution. No country can develop unless its citizens pay more attention towards duties rather than towards rights. Mahatma Gandhi defined right “as duty well performed”.

The new chapter on Fundamental Duties, according to H.R. Gokhale, the then Law Minister of India, is the palm embodying noble ideals, rhythm, harmony with the impress of the hand of Prime Minister.” Addressing a seminar attended by the teachers on Sept. 5, 1976, the then Prime Minister Mrs. Gandhi said, “The inclusion of the chapter on Fundamental Duties in the Constitution will ultimately bring a change in the outlook and psychology of the people. So a peaceful revolution can be brought in the country with the performance of these duties by heart.”

But on the other hand, fundamental duties have been criticised and healthy criticism is made by Mr. Bhupesh Gupta in a Communist Party Publication. According to him, the Committee (Swarn Singh Committee) has not critically examined as to why the duties are implied or arise from the Constitution and existing statutory laws including the duties of the government have not been duly observed.

Why, for instance, the monopolists could get away with their calculated defiance of the duty not to indulge in economic activities and other business practices that lead to the concentration of wealth and means of production to the common detriment? The implied duty under Article 39 (c) of the Constitution has been most cynically flouted. Or, how could the landlords escape their duty to respect the land ceiling laws? Why again despite many laws in favour of secularism and against communalism, the communal forces could grow so menacingly strong?

Some Duties are Vague. Another point of criticism is that some fundamental duties are vague and it is not possible for an average man to understand them. For example, the duties pertaining to upholding the noble ideals of the freedom struggle or the development of a “scientific temper and humanism and spirit of enquiry and reform” are not understood by ordinary citizens.

Lack of Legal Force. Another drawback of fundamental duties lies in their incorporation in Part IV of the Constitution. Without appropriate legal sanctions fundamental duties are mere pious wishes.

We conclude with the remarks of Bhupesh Gupta that the rights and duties of the citizens, fundamental or otherwise, must necessarily be such as would constantly strengthen the position of the toiling masses against the vested interests and reactions as well as their struggle for a better life and social progress. Whether the issue is one of rights or of duties, the correct answer can be found only from this popular and democratic approach.

Question 2.
Explain why the Fundamental Duties have been given an important place in the Indian Constitution?
Or
Assess the importance of Fundamental Duties in Indian Constitution. Is the status of Fundamental Duties the same as that of Fundamental Rights?
Answer:
The Indian Constitution in its original form did not contain fundamental duties of citizens. The fundamental duties were added in the Indian Constitution in 1976 through Forty-second Consitution Amendment Act. This forty second amendment added Article 51-A in the Consitution which contains ten fundamental duties for the Indian citizen.

The inclusion of fundamental duties in the Consitution itself bears testimony of the fact that fundamental duties have been given an important place in the Indian Consitution. The reasons there of are given below.
1. Inclusion of fundamental duties in the Constitution is a progressive step:
By inserting fundamental duties, 42nd Amendment has removed one of the biggest drawbacks of the Constitution. No country can develop unless its citizens pay more attention towards duties rather than towards rights. The proponents of the 42nd Amendment wanted to emphasise the dictum of Dharmashastras that ‘Your duty is your right’.

2. The fundamental duties are incorporated in the Constitution to develop a sense of nationalism and patriotic feelings among the citizens.

3. The fundamental duties help the citizens to follow a code of conduct that would strengthen the nation, protect its sovereignty and integrity.

4. The fundamental duties help the state in performing its diverse duties.

5. The fundamental duties promote ideals of harmony, unity, common brotherhood and religious tolerance.

6. The fundamental duties strive for excellence in individual and collective activities.

7. The fundamental duties have been given an important place in the Constitution because they inculcate a sense of social responsibility
among the citizens.

In brief, we can say that the purpose of giving to the fundamental duties an important place in the Consititution is to make the Indian citizens conscious of their individual and national reponsibilties. The status of fundamental duties is not the same as that of fundamental rights. Fundamental rights are justiciable whereas fundamental duties are not.

Short Answer Type Questions

Question 1.
Mention any four fundamental duties of the Indian citizen.
Answer:

• It is a fundamental duty of every citizen to abide by the constitution and respect its ideals and institutions, the National Flag and National Anthem.
• It is a duty of every citizen to uphold and protect the sovereignty, unity and integrity of India.
• It is a duty of every citizen to defend the country and render national service when called upon to do so.
• It is a fundamental duty of every citizen to safeguard public property and to abjure violence.

Question 2.
Why the Fundamental Duties have been given an important place in the Indian Constitution.
Answer:
By 42nd amendment Part IV A is inserted in the Constitution which lays down fundamental duties of the citizens. Fundamental duties have been given an important place in the Indian Constitution due to following reasons:

1. Inclusion of fundamental duties in the Constitution is a progressive step. By inserting fundamental duties, 42nd Amendment has removed one of the biggest drawbacks of the Constitution. No country can develop unless its citizens pay more attention towards duties rather than towards rights. The proponents of the 42nd Amendment wanted to emphasise the dictum of Dharmashastras that ‘your duty is your right.

2. The fundamental duties are incorporated in the Constitution to develop a sense of nationalism and patriotic feelings among the citizens.

3. The fundamental duties help the citizens to follow a code of conduct that would strengthen the nation, protect its sovereignty and integrity.

4. The fundamental duties help the state in performing its diverse duties.

Question 3.
Explain briefly the significance of fundamental duties.
Answer:
1. In the original constitution fundamental duties were not mentioned in the Constitution. Hence the citizens were conscious about their fundamental rights and not about their duties. Thus, by inserting fundamental duties in the constitution an important defect of the constitution is removed.

2. Inclusion of fundamental duties in the Constitution is in accordance with the modern view. According to modern view, rights and duties go side by side.

3. Fundamental duties included in the Constitution are not controversial. These duties are in accordance with the Indian culture.

4. Fundamental duties are having moral value.

Very Short Answer Type Questions

Question 1.
Point out any two fundamental duties of the Indian citizen.
Answer:

• It is a fundamental duty of every citizen to abide by the constitution and respect its ideals and institutions, the National Flag and National Anthem.
• It is a duty of every citizen to uphold and protect the sovereignty, unity and integrity of India.

Question 2.
What is our duty towards the ideals and institutions, National Flag and National Anthem?
Answer:
It is the duty of every citizen of India to obey the supreme law of the land as enshrined in the constitution. It is our duty to have respect towards national ideals and institutions and the symbols of national sovereignty and unity. Every citizen of the country should respect the National Flag and National Anthem.

Question 3.
Explain briefly the significance of fundamental duties.
Answer:
1. In the original constitution fundamental duties were not mentioned in the Constitution. Hence the citizens were conscious about their fundamental rights and not about their duties. Thus, by inserting fundamental duties in the constitution an important defect of the constitution is removed.

2. Inclusion of fundamental duties in the Constitution is in accordance with the modem view. According to modern view, rights and duties go side by side.

One Word to One Sentence Answer Type Questions

Question 1.
What is meant by Fundamental Duties?
Answer:
The duties of citizens, which have been mentioned in the constitution, are called Fundamental Duties,

Question 2.
Mention any one Fundamental Duty included in the constitution.
Answer:
To honour the constitution, national flag and national song.

Question 3.
Mention any one drawback of Fundamental Duty incorporated in the Indian Constitution.
Answer:
No provision has been made to enforce Fundamental Duties.

Question 4.
How many Fundamental Duties were incluued earlier in the con¬stitution?
Answer:
10 Fundamental Duties were included earlier (in 1976) in the constitution.

Question 5.
At present, how many Fundamental Duties are mentioned in the Indian Constitution?
Answer:
At present, 11 Fundamental Duties are mentioned in the Indian Constitution.

Fill in the blanks

1. Fundamental duties have been added in the Constitution by …………… amendment.
Answer:
42nd

2. …………… is inserted in the Constitution which lays down eleven Fundamental Duties.
Answer:
Part IV-A

3. The Indian …………… in its original form did not contain Fundamental Duties of citizens.
Answer:
Constitution

4. There is no …………… sanction behind Fundamental Duties.
Answer:
Legal

5. One duty is added by …………… amendment of the Constitution.
Answer:
86th.

True or False statement

1. There are 11 Fundamental Duties incorporated in the Constitution.
Answer:
True

2. One of the Fundamental duties is that it is the duty of every citizen to safeguard public property and to adjure violence.
Answer:
True

3. Inclusion of fundamental duties in the Constitution is not a progressive step.
Answer:
False

4. Critic said that some fundamental duties are vague.
Answer:
True

Choose The Correct Answer

Question 1. Fundamental duties of the citizens were added in the Constitution by the following amendment:
(A) 42nd
(B) 44th
(C) 45th
(D) 73rd.
Answer:
(A) 42nd

Question 2.
Fundamental duties are contained in the following part of the constitution:
(A) Part-I
(B) Part-IV
(C) Part-IV-A
(D) Part-VI.
Answer:
(C) Part-IV-A

Question 3.
In Indian Constitution, there are:
(A) 9 Fundamental Duties
(B) 10 Fundamental Duties
(C) 11 Fundamental Duties
(D) None of these.
Answer:
(C) 11 Fundamental Duties

Question 4.
In Part IV-A of the Constitution, how many Fundamental Duties are mentioned?
(A) Eleven
(B) Nine
(C) Seven
(D) Six.
Answer:
(A) Eleven

Question 5.
Fundamental Duties were incorporated in the Indian Constitution in the year:
(A) 1976
(B) 1977
(C) 1978
(D) 1979.
Answer:
(A) 1976

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 19 Fundamental Rights Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 19 Fundamental Rights

Long Answer Type Questions

Question 1.
Discuss the Nature of Fundamental Rights as mentioned in our Constitution.
Answer:
Part III (Arts. 14 to 32) of the Indian Constitution contains the list of fundamental rights. These fundamental rights can broadly be divided into three categories. First, rights granted exclusively to the citizens of India; Second rights granted to all persons residing in India irrespective of the fact whether they are the citizens of India or not; Third, rights granted to a group of citizens.

The Constitution of India does not merely contain the bill of rights, they are not simply paper rights. These rights have been made justifiable . i. e. there is force of law behind them. The courts have been entrusted with responsibility to enforce them when and where they have been violated. They are thus the props of the Indian democracy.

Features or Nature of Fundamental Rights:
The following are the salient features of the Fundamental Rights contained in the Indian Constitution :
1. All Citizens are equally entitled to the Fundamental Rights:
The Constitution unequivocally declares that rights contained in Part III of the Constitution are to be enjoyed by all the citizens of India.These rights are not meant for any particular caste, class, religion or the residents of a province. There can be no discrimination.

2. Fundamental Rights are not absolute:
Another significant feature of these rights is that they are not absolute. The Constitution of India imposes direct restrictions on these rights. It also empowers the Government to impose reasonable restriction’s on the enjoyment of these rights. Thus the Constitution empowers the government to put reasonable restrictions on the fundamental rights in the interest of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, decency or morality. Reasonable restrictions can also be put on the fundamental rights in the interest of the general public or for the protection of the interests of any Scheduled Tribes.

3. Fundamental Rights place certain limitations on the State also:
The theory of fundamental rights implies limited government. Accordingly, fundamental rights impose restrictions on the State as well. For example, the State cannot discriminate against citizens on ground of caste, class, race, sex, religion, place of birth, place of residence, etc. Similarly, citizens cannot be deprived of the right to equality before law. Again, there is the right to equality of opportunity in public employment to all the citizens.

4. Fundamental Rights can be suspended:
Another significant feature about the fundamental rights is that they can be restricted or suspended as the circumstances demand.

5. Fundamental Rights are Justifiably:
The judiciary has been vested with the responsibility to act as the guardian of these rights. The right to move the Supreme Court for the enforcement of Fundamental Rights is itself a guaranteed right as provided for in Art. 32 of the Constitution. Thus, whenever the State (as defined in Part III of the Constitution) or any other authority encroaches upon the rights of a person, the latter can move the Supreme Court and the High Courts for the enforcement of his rights.

The Supreme Court and the High Courts are empowered to issue “Directions or order or writs whichever may be appropriate” for the enforcement of the rights. The Judiciary is thus the protector and the guarantor of Fundamental Rights.

6. No Natural and Unenumerated Rights in the Indian Constitution:
The Indian Bill of Rights is not based on the theory of natural rights. The theory of natural rights insists that there are certain rights of man which he possessed even before the State itself came into existence. The Constitution of India does not recognize such a proposition. Our fundamental rights have been specified in Part III of the Constitution. A right which has not been enumerated in Part III is not a fundamental right.

7. They can be amended:
Fundamental Rights can be amended by the procedure given in Art. 368. According to this Article, only Parliament is competent to amend the provisions of the fundamental rights with two-third majority of the total membership of the Parliament.

8. Special Constitutional Provision for the Enforcement of Fundamental Rights:
Another important feature of Fundamental Rights in India is that there is a special constitutional provision for their enforcement. The right to move the Supreme Court for the enforcement of Fundamental Rights is provided in Article 32 of the Constitution.

Question 2.
Explain briefly the scheme of Fundamental Rights as contained in the Indian Constitution.
Or
Explain in brief the fundamental rights enshrined in the Indian Constitution.
Answer:
The fundamental rights enumerated in the Indian Constitution are the most elaborate in the world. The Constitution of India provides for Fundamental Rights by developing a complete and separate Part (Part III) and classifies them under six categories. Six Fundamental Rights are as follows:

1. Right to Equality Arts. 14-18.
2. Right to Liberty, Arts. 19-22.
3. Right against Exploitation, Arts. 23-24.
4. Right to Freedom of Religion, Arts. 25-28.
5. Cultural and Educational Rights, Arts. 29-30.
6. Right to Constitutional Remedies. Arts. 32.

1. Right to Equality (Articles 14 to 18):
The Constitution declares all the citizens of India to be equal in the eyes of law. Law provides equal protection to all. Right to equality does not mean absolute equality. Nor does it imply that all should be entitled to identity of treatment and income. The positive concept of equality is that special privileges of all kinds should be abolished. There should be no difference between a man and a man on the ground of birth, wealth, caste, class, creed, religion, language, etc. Right to equality is the cornerstone of domocracy.

2. Right to Freedom (Articles 19 to 22):
Articles 19-22 of the Constitution gurantee to the the citizens Rights to Freedom. Article 19 guarantees six freedoms viz. (1) Right to Freedom of Speech and Expression ; (2) Right to Assemble peacefully and without arms ; (3) Right to form Associations ; (4) Right to move freely throughout the territory of India ; (5) Right to reside and settle in any part of the territory of India, and (6) Right to practise any profession. Articles 20 to 22 guarantee personal liberty.

3. Right against Exploitation (Articles 23-24):
The Constitution of India recognises the dignity of the individual and protects him against any form of exploitation either by the State or by the privileged classes in the society. Art. 23 provides that traffic in human beings and begaar (forced labour) and similar other forms of forced labour are prohibited.

Art. 24 prohibits the employment of children below the age of 14 in any factory, mine or any other hazardous (dangerous) employment.

4. Right to Freedom of Religion (Articles 25-28):
Articles 25-28 deal with the right to freedom of religion, Right to freedom of religion has been guaranteed to all persons, residing in India. Art. 25 provides that subject to public order, morality and health, all persons are equally entitled to freedom of concience and the right to profess, practise and propagate religion.

Art 28. prohibits imparting of religious instruction in any educational institution wholly maintained out of State funds.

5. Cultural and Educational Rights. (Articles 29 and 30):
Under Articles 29 and 30, the Constitution guarantees certain cultrual and educational rights. No citizen shall be denied admission into any educational institution maintained by the State receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Art. 29 protects the interests of the minorities in India.

Art. 30 provides that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies. (Article 32):
Art. 32 guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by part III of the Constitution. Under Art. 226, the High Courts have also been empowered to issue order, directions and writs for the enforcement of fundamental rights. The. judiciary can set aside laws and executive orders if they are violative of the fundamental rights.

Question 3.
Discuss the right to equality as given in the Constitution.
Or
Discuss the provisions relating to the Right to Equality as mentioned in the Indian Constitution.
Answer:
The Constitution declares all the citizens of India to be equal in the eyes of law. Law provides equal protection to all. Right to equality does not mean absolute equality. Nor does it imply that all should be entitled to indentity of treatment and income. The positive concept of equality is that special privileges of all kinds should be abolished. There should be no difference between a man and a man on the grounds of birth, wealth, caste, class, creed, religion, language, etc. Right to equality is the cornerstone of democracy. The right to equality is covered mainly by Articles 14-18. The right to equality means:

1. Equality Before Law:
Article 14 of the Constitution guarantees all persons equality before the law and equal protection of law within the territory of India. There can be no discrimination between one citizen and another on the basis of caste, class, creed, sex or any of them. This ensures the Rule of Law in the country.

2. No Discrimination:
Art. 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. The same Article provides that all the citizens shall have access to shops, public restaurants, hotels and places of public entertainment, the use of wells, tanks, bathing ghats, roads, etc. However, nothing in this Article shall prevent the State from making any special provisions for women and children.

3. Equality of Opportunity:
Art. 16 guarantees equality of opportunties for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the State. It means appointments shall be made on the basis of merit and not on extraneous considerations. The State has, however, the authority to make reservation of posts in favour of any backward class of citizens which is not adequately represented in the public services.

4. Abolition of Untouchability:
Untouchability has been a bane of the Indian society. Social justice is impossible to achieve where untouchability is practised in any form. 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 places, like parks, hotels, places of entertainment, roads and the use of wells, tanks, bathing ghats, etc.

5. Abolition of Titles:
Art. 18 provides that no title, not being a military or academic distinction, shall be conferred by the State. Clause (2) of the Article prohibits citizens of India from accepting any title from any Foreign State. Clause (3) of the Article forbids aliens who hold any office of profit or trust under the State, from accepting without the consent of the President any title from any foreign State. They can, however, accept title from any foreign State relinquishing the posts they held under the State.

Question 4.
Discuss right to Freedom as given in the Constitution.
Or
Explain the Right to Freedom..How can it be suspended?
Or
Mention the six freedoms guaranteed under Article 19 of Indian Constitution. Discuss any one of them.
Answer:
Articles 19-22 of the Constitution guarantee to the citizen Right to Freedom. Article 19 is the most important as it guarantees seven freedoms, viz.

• Right to Freedom of Speech and Expression:
• Right to Assemble peacefully and without arms:
• Right to form Associations or Unions:
• Right to move freely throughout the territory of India:
• Right to reside and settle in any part of the territory of India:
• Right to acquire, hold and dispose of property.
• Right to practise any profession or to carry on any occupation trade or business. But 44th amendment omitted sub-clause (f) of clause (1) of Article 19 which guarantees to citizens the right to acquire, hold and dispose of property. Hence there are six freedoms guaranteed by Article 19.

Let it be repeated that none of these rights is absolute. Art. 19 can be divided into two parts. Clause (1) deals with the six freedoms guaranteed to the citizens and Clauses (2) to (61 refer to restrictions which can be put by the State. The makers of the Constitution did not like the idea of giving powers to the Supreme Court to determine the scope of these freedoms. Hence, the Constitution places direct restrictions on the enjoyment of these freedoms.

The Constitution also empowers the State to put restrictions on these freedoms. The restrictions should be reasonable and should be in public interest. The Constitution guarantees the freedom of speech and expression. But the State can put restrictions on the use of this right in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or incitement to offense.

The citizens have the Constitutional right to organise meetings, but such meetings have not only’ to be peaceable and without arms but the State has been given the power of operating any law or making a new law imposing it in the interests of the sovereignty and integrity of India or public order. In other words, if the state has a reasonable fear that a particular assembly might lead to a breach of peace or be prejudicial to the sovereignty or integrity of India, it can prohibit it. The citizens have the right to form associations or Unions but the state has the right to impose reasonable restrictions on them in the interest of the soverigntv or integrity of India or public order.

Similarly, right to move freely throughout the territory of India can be restricted in public interest. The Constitution guarantees the right to practise any profession or to carry on any occupation, trade or business. But the State can prescribe professional or technical qualifications. It is lawful to carry on, by a corporation owned or controlled by the State, any trade, business industry or service to the exclusion, complete or partial, of citizens or otherwise. It is under this provision that the net of public sector is ever spreading.

Personal Liberty. Articles 20-22 aim at protecting the individual’s life and personal liberty. Art. 20 lays down:

(i) No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as offense;

(ii) No person shall be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense;

(iii) No person shall be prosecuted and punished for the same offense more than once;

(iv) No person accused of any offense shall be compelled to be a witness against himself;

(v) Art. 21. provides that no person shall be deprived of his life or personal liberty except according to procedure established by law. It means a person cannot be deprived of his life or personal liberty in an arbitrary manner. The procedure is to be established by law;

(vi) The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India; and

(vii) No person can be arrested in any arbitrary manner, nor can he be detained for an indefinite period. Art. 22 provides that whenever a person has been detained, he must be informed, as soon as may be, of the grounds for such arrest, Secondly, the detained person shall have the right to consult and be defended by a lawyer of his own choice. Thirdly, he must be produced before the nearest magistrate within a period of 24 hours of such arrest.

Right to Education:
In Dec, 2002 the 86th Amendment was passed. According to this Amendment free and compulsory education became the Fundamental Right. According to this Amendment, the state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine.

Preventive Detention:
Right to life or personal liberty is very important, no doubt. But Art. 22 provides for Preventive Detention also. Art. 22 (2) provides that every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest. However, according to Art. 23 (3) this provision shall not be applicable on (a) enemy aliens and (b) persons held in custody under a law providing for preventive detention.

Both the Centre as well as the States can make such laws. The Union Parliament has the exclusive authority to enact laws providing for preventive detention for reasons connected with defence, foreign affairs or the security of the Union. A State Legislature can also pass laws providing for preventive detention for reasons connected with the security of the state; the maintenance of public order or the supplies and services essential to the community.

Least the Government should abuse its power, the Constitution provides some safeguards to persons arrested under the Preventive Detention law. The safeguards are:
1. Normally no person can be held under preventive detention for more than three months;

2. A person detained under preventive detention shall, as soon as possible, be informed of the grounds of the detention. However, the detaining authority can decline to disclose the facts in public interests;

3. The detained person shall have the right to defend himself by a counsel of his own choice;

4. The detained person can be held for more than three months only if an Advisory Board, consisting of persons who have been or are qualified to be appointed as judges of a High Court, after reviewing the case, is satisfied that there is sufficient reason for his detention beyond three months.

5. If the Advisory Board does not find any valid reason for the arrest the Government is bound to release the detenu. In England, it is not so. The Home Secretary is not bound by the recommendation of the Advisory Board.

In 1950 the Parliament passed the Preventive Detention Act. Originally this Act was passed for one year but was extended year after year till 1969. In 1971 the Maintenance of Internal Security Act (MISA) was enacted more or less on the same lines. In December, 1980, the Parliament passed the National Security Act providing for preventive detentions.

Question 5.
Discuss Right to Freedom of Religion.
Or
Describe the provisions made in the Indian Constitution to ensure the freedom of religion and establishment of Secular State in India.
Answer:
Articles 25-28 deal with the right to freedom of religion. Right to freedom of religion has been guaranteed to all persons residing in India. Art. 25 provides that subject to public order, morality and health, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion. In the words of Pylee, “The word propagate does not find a place in any other Constitution where it deals with religious freedom.”

One thing, however, must be noted. The Indian Constitution uses the word ‘propagate’ and not ‘convert’. Art. 25 permits the State to regulate economic, financial or other secular activities which may be associated with religious practice. The State may also provide for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. The Sikhs have been allowed to wear turban and carry kirpans.

Article 26 provides that subject to public order, morality and health, every religious demonination shall have the right
(i) to establish and maintain institutions for religious and charitable purposes;

(ii) to manage its own affairs in matters of religion;

(iii) to own and acquire movable and immovable properpty; and

(iv) to administer such property in accordance with law. Art. 27 provides that no person shall be compelled to pay taxes the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Art. 28 prohibits imparting of religious instruction in any educational institution wholly maintained out of State funds. But this prohibition shall not apply to any educational institution which is established under any endowment or trust which requires that religious instruction should be imparted in such institution, even if that educational institution happens to be administered by the States.

The provision relating to the religious freedom clearly shows that ours is a Secular i State. The State has no religion of its own. The State is neither religious, nor irreligious, nor anti- religious. The State observes complete neutrality in religious matters. It is ‘ clearly laid down that the State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground of religion, Similarly for getting employment under the State, the State is not to bother about the religion of the candidate.

Question 6.
How are the Fundamental Rights protected by the Right to Constitutional Remedies?
Or
Describe the Right to Constitutional Remedies. Examine its importance.
Or
Discuss the Fundamental Right to Constitutional Remedies.
Answer:
The Constitution of India does not merely declare a list of rights. A mere declaration of fundamental rights is meaningless unless there is an effective machinery for their enforcement. Art. 32, “the very soul of the Constitution and the very heart of it” guarantees the right to move the Supreme Court by appropriate proceedings for the v enforcement of the rights conferred by Part III of the Constitution.

The Supreme Court has been vested with the special jurisdiction and responsibility in the matter of the enforcement of Fundamental Rights. In the exercise of this jurisdiction, the Supreme Court is empowered to issue orders, directions and writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, whichever may be appropriate. This power of the Supreme Court is not exclusive but is concurrent with that of the High Courts. Under Art. 226, the High Courts have also been empowered to issue orders, directions and writs for the enforcement of fundamental rights.

The judiciary can set aside laws and executive orders if they are violative of the fundamental rights. It is the duty of the judiciary to enforce the rights of the individual. Articles 13, 22 and 225 are the props of the Indian democracy. It is with the help of these Articles that rights of the individual are guaranteed. It should be noted that the Supreme Court will not entertain any application under Art. 32 unless the matter falls within the scope of any of the fundemantal rights guaranteed in Part III of the Constitution.

For the enforcement of fundamental rights, the Supreme Court can issue the following directions or orders or writs.
1. The Writ of Habeas Corpus:
Writ of Habeas Corpus is the most valuable writ for personal liberty. ‘Habeas Corpus’ means ‘Let us have the body’. A person when arrested moves the Court for the issue or writ of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been lawfully detained or not. If the Court is convinced that the person is illegally detained, it can issue orders for his release.

2. The Writ of Mandamus:
‘Mandamus’ is a Latin word which means ‘We command’. Mandamus is an order from a superior court to a lower court or tribunal or public authority to perform an act, which falls within its duty. It is issued to secure the performance of public duties and to enforce private rights withheld by public authorities. In short, it is a writ issued to a public official to do a thing which is a part of his official duty but which he has so far failed to do. This writ cannot be claimed as a matter of right. It is the discretionary power of the court to issue such writs.

3. The Writ of Quo-Warranto:
The word ‘Quo-Warranto’ literally means ‘by what warrants’. It is a writ issued with a view to restraining a person from acting in a public office to which he is not entitled. The writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody. For example, a person of 60 years is appointed to fill a public office whereas the retirement age is 55. Now the appropriate High Court has a right to issue a writ of quo-warranto against that person and declare the office vacant.

4. The Writ of Prohibition:
Writ of Prohibition means to forbid or to stop and it is popularly known as ‘Stay Orders’. This writ is issued when a lower court or body tries to transgrees the limits of powers vested in it. It is a writ issued by a superior Court to a lower Court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this writ proceedings in the lower Court come to stay.

5. The Writ of Certiorari:
Literally, Certiorari means to be Certified. The writ of certiorari is issued by the Superior Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration.

Question 7.
Explain why are the fundamental rights essential for the growth and development of the citizens.
Answer:
There is a great importance of the fundamental rights given in the Indian Constitution. The importance of Fundamental Rights may be summed up as under.

1. Greats conditions for better life:
The Fundamental Rights provide conditions for a better life of the individual. It is wrong to think that the restrictions put on fundamental rights have made them meaningless or valueless. These restrictions ensure a climate wherein all can develop their personality according to their genius. The fundamental rights ensure the fullest physical mental and moral development of every citizen and provide those basic freedoms and conditions which alone can make life worth living.

2. Check on the arbitrariness of the Govt:
The fundamental rights safeguard the individuals against any excesses of the state authority. They ensure the liberty of individual by putting restrictions on the arbitrariness of the Government. The jurisdiction of executive and legislature has been clearly laid down in the Constitution. The judiciary has been vested with the responsibility to act the protector and the guardian of the rights of the people. While deciding the famous Golak Nath Case, the Supreme Court observed that these rights are immutable and transcendental in character. They cannot be abridged or abrogated. Dr. Ambedkar said that the fundamental rights are the “heart and soul of Constitution”.

3. Protect the Interests of the Minorities:
The Fundamental Rights protect the interests of the minorities. The Fundamental Rights protect the language, script, culture and educational institutions of the minorities. Minorities have the right to establish and administer educational institutions of their choice.

4. Source and Inspiration of Reform:
According to K.M. Pannikar, the Fundamental Rights in India have been the source and inspiration of the Reform Legislation as under the aegis ‘The Indian Parliament has been active in the matter of social legislation whether it be called by the Hindu code or by another name.” The other Constitutions also contain impressive bill of rights but in no other Constitutions “the expression positive or negative rights has provided so much impetus towards charging and rebuilding society for the common good.”

5. Create conditions for the development of the personality of the individual:
The fundamental rights motivate the individuals to develop their potential to the fullest extent. The fundamental rights ensure the welfare and enrichment of the individual personality.

6. Establishment of secular State:
The Constitution of India has made India a Secular State. Right to Freedom of religion ensures the positive aspect of secularism and it gives to the people the right to freely adopt and propagate any religion.

Short Answer Type Questions

Question 1.
What is meant by the term ‘Fundamental Rights’?
Answer:
Legal rights mentioned in the Constitution are called Fundamental Rights. Such rights are beyond the Parliament’s power of amendment. In India, Japan, U.S.A., France, etc. citizens enjoy Funadmental Rights. Part III of the Indian Constitution embodies Fundamental Rights. Fundamental Rights are justiciable.

Question 2.
Mention any four salient features of the Fundamental Rights contained in the Indian Constitution.
Answer:

• All citizens are equally entitled to the Fundamental Rights. These rights are not meant for any particular caste, class, religion or the residents of a province.
• Fundamental Rights are not absolute. The Constitution of India imposes direct restrictions on these rights.
• Fundamental Rights place certain limitations on the state also.
• Fundamental Rights can be restricted or suspended as the circumstances demand.

Question 3.
Describe the four Fundamental Rights of Indian citizens.
Answer:
Fundamental rights of citizens are described in the third part of the Indian Constitution. The citizens enjoyed seven Fundamental Rights before 44th Amendment, but now six rights exist.
1. Right to Equality:
The Indian citizens enjoy the right to equality. No citizen can be discriminated against the other in the name of religion, caste, colour, creed and sex. All the citizens are euqal before law.

2. Rights to Freedom:
The citizens are given the right to freedom of speech, freedom of expression, freedom to assemble peacefully to consider some problem freedom to adopt any profession and right to personal liberty.

3. Right to Freedom of Religion:
The citizens enjoy the right to freedom of religion. Each individual is free to believe in any religion and worship any God.

4. Right to Freedom of Culture and Education:
The Constitution provides the right to freedom of cultural and education. Every race and community enjoy the right to have their own language, script, culture and literature. People are free to develop and expand them.

Question 4.
Briefly explain ‘Right to Equality’ as given in the Constitution.
Answer:
The right to equality is covered mainly by Articles 14-18.

1. Article-14 of the Constitution guarantees all persons equality before the law and equal protection of law within the territory of India.
2. Art.-15 provides that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
3. Art.-16 guarantees equality of opportunities for all citizens in matters relating to employment or appointment to any office under the state.
4. Art.-17 abolishes untouchability and its practice in any form is forbidden.
5. Art.-18 provides that no title, not being a military or academic distinction shall be conferred by the state.

Question 5.
What do you mean by ‘Equality of Opportunity’?
Answer:
Art. 16 guarantees equality of opportunities for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the State.

It means appointments shall be made on the basis of merit and not on extraneous considerations. The State, has however, the authority to make reservation of posts in favour of any backward class of citizens which is not adequately represented in the public services.

Question 6.
Mention the rights regarding freedom granted in Article-19 of our Constitution. Which of the rights has been taken away from this Article.
Answer:
Article 19-22 to the Constitution guarantee to the citizens right to freedom. Article-19 guarantees six freedoms viz.

1. The freedom to speech and expression.
2. The freedom to assemble peacefully and without arms.
3. The freedom to form associations.
4. The. freedom to move anywhere in the country.
5. The freedom to reside and settle down.
6. The freedom to adopt any profession or occupation.

None of these rights is absolute. It may be pointed out that the original constitution provided for right to aquire, hold and dispose of property, but this right was deleted by 44 Amendment. Thus from June, 1979 the right to property ceased to exit to be a fundamental right.

Question 7.
Explain the right to personal liberty.
Answer:
Article-20 to 22 aims at protecting the individual’s life and personal liberty. Article-20 lays down:

1. No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as offence.
   No person shall be subjected to a penalty greater than that which might have been inflicted under the law in
2. force at the time of the commission of the offence.
3. No person shall be prosecuted and punished for the same offence more than once;
4. No person accused of any offence shall be compelled to be a witness against himself;
5. Article-21 provides that no person shall be deprived of his personal liberty except procedure established by law.
6. No person can be arrested in an arbitrary manner. Nor can he be detained for an indefinite period.

Question 8.
What do you understand by Right against Exploitation?
Answer:
The Constitution of India recognises the dignity of the individual and protect him against any form of exploitation either by the State or by the privileged classes in the society. Act 23 provides that traffic in human beings and begaar (forced labour) and similar other form of forced labour are prohibited. This article prohibits the employment of children below the age of 14 in factory, mine or other hazardous employment.

Question 9.
What do you understand by Right to Freedom of Religion?
Answer:
Article 25-28 deal with the right to freedom of religion. Right to freedom of religion has been guaranteed to all persons residing in India.

Art. 25 provides that subject ot public order, morality and health, all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion.

Article. 26 provides that subject to public order, morality and health, every religious denomination shall have the right

• to establish and maintain institutions for religious and charitable purposes;
• to manage its own affairs in matters of religion;
• to own and acquire movable and immovable property; and
• to administer such property in accordance with law.

Art. 27 provides that no person shall be compelled to pay taxes the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious domination. Art. 28 prohibits imparting of religious instruction in any educational institution wholly maintained out of state funds.

Question 10.
What do you understand by Cultural and Educational Rights?
Or
Mention any two Fundamental Rights which Constitution confers on minorities.
Answer:
Article-29 and 30 guarantees certain cultural and educational rights to the minorities:
1. Article-29 provides that any section of the citizens presiding in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

2. Article-30 provides that all minorities, whether based on religion or languages shall have the right to establish and administer educational institutions of their choice. The State shall not in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority.

Question 11.
Explain briefly the Right to Property.
Answer:
The Constitution originally provided for right to property in its Articles 19 and 31. Article 19 guarantees to every citizen the right to acquire, hold and dispose of property subject to reasonable restrictions. Article 31 guarantees the right of private property and the right to enjoy and dispose of property. But 44th Amendment omitted right to property from the category of fundamental rights and made the same right a legal right.

Right to property was deleted from the fundamental rights because the right to property created obstacle in the goal of the achievement of socialist pattern of society. The word ‘Compensation’ was a great stumbling block. The Supreme Court struck down the Anti- Zamindari Laws. Hence by 44th Amendment, Right to Property was deleted.

Question 12.
Identify any two situations in which the fundamental rights can be restricted.
Answer:
Following are the two situations in which the fundamental rights can be restricted.
1. Suspension of Fundamental Rights:
When the President declares emergency under Article-352, Fundamental Rights given under Article-19 (Six freedoms) are automatically suspended throughout the country. These suspensions of fundamental rights continuous until the proclamation of emergency ends. By another order President can suspend any or all the rights conferred by Part-Ill.

2. Suspension of the Right to Move the Court:
During the proclamation of emergency under Article-352, the President can suspend the right to move the courts to enforce any other fundamental rights. All proceedings pending in any court for the enforcement of the rights may remain suspended for the period during which proclamation is enforced or for such short period as may be specified in the order. But the right to move the court for the enforcement of the right to life and personal liberty under Article-20 and 21 cannot be suspended.

Question 13.
What do you understand by Right to Constitutional Remedies?
Answer:
Right to Constitutional remedies is a protector right of the fundamental rights of the citizens. Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court has been vested with the special jurisdiction and responsibility in the matter of the enforcement of fundamental rights.

In the exercise of this Jurisdiction, the Supreme Court is empowered to issue orders, directions and writs in the nature of Habeas Corps, Mandamus etc. Under Art. 226 the High Courts have also been empowered to issue orders, directions and writs for the enforcement of fundamental rights.

Question 14.
What is meant by a Writ of Habeas Corpus.
Answer:
Writ of Habeas Corpus is the most valuable writ for personal liberty, ‘Habeas Corpus means ‘Let us have the body’. A person when arrested moves the Court for the issue of writ of Habeas Corpus. It is an order by a Court to the detaining authority to produce the arrested person before it so that it may examine whether the person has been lawfully detained or not. If the Court is convinced that the person is illegally detained, it can issue orders for release.

Question 15.
What is meant by a Writ of Mandamus?
Answer:
“Mandamus’ is a Latin word which means “We command’. Mandamus is an order from a superior court to lower court or tribunal or public authority to perform an act, which falls within its duty. It is issued to secure the performance of public duties and to enforce private rights withheld by public authorities. The Supreme Court and the High Courts are empowered to issue writ of Mandamus.

Question 16.
Explain the meaning of Writ of Quo-warranto.
Answer:
The writ of quo-warranto is used to prevent illegal assumption of any public office or usurpation of any public office by anybody. For example, a person of 60 years is appointed to fill a pubbc office whereas the retirement age is 55. Now the appropriate High Court has a right to issue a writ of quo-warranto against that person and declare that office vacant.

Question 17.
Explain the term Writ of Prohibition.
Answer:
Writ of Prohibition means to forbid or to stop and it is popularly known as ‘Stay order’. This writ is issued when a lower court or body tires to transgress the limits of powers vested in it. It is a writ issued by a superior court to a lower court or a tribunal forbidding it to perform an act outside its jurisdiction. After the issue of this writ proceedings in the lower court come to stay.

Question 18.
Mention any four points against Fundamental Rights.
Answer:
Fundamental Rights are criticised on following grounds:

• There are too much limitations on Fundamental Rights.
• Preventive Detention prohibits personal liberty.
• Language of Fundamental Rights is difficult and not clear.
• Rights can be suspended during emergency.

Question 19.
Discuss the importance of Fundamental Rights.
Or
Mention any four points in favour of Fundamental Rights.
Answer:

• Fundamental Rights create necessary condition for the development of personality of citizens.
• Fundamental Rights check the despotism of the government.
• Fundamental Rights establish social equality.
• Fundamental Rights are the foundation stones of Indian democracy.

Question 20.
Write a short note on the importance of Fundamental Rights.
Answer:
There is a great importance of the fundamental rights given in the Indian Constitution. It is wrong to think that the restrictions put on fundamental rights have made them meaningless or valueless. These restrictions ensure a climate wherein all can develop their personality according to their genius. The fundamental rights ensure the fullest physical, mental and moral development of every citizen and provide those basic freedoms and conditions which alone can make life worth living.

The fundamental rights safeguard the individuals against any excesses of the state authority. They ensure the liberty of individual by putting restrictions on the arbitrariness of the Government. The jurisdiction of executive and legislature has been clearly laid down in the Constitution. The judiciary has been vested with the responsibility to act the protector and the guardian of the rights of the people.

Question 21.
Write a note on “Right to Education”.
Answer:
Right to education is a Funadmental Right. In Dec. 2002 the 86th Amendment was passed. According to this Amendment free and compulsory education become Fundamental Rights. According to this Amendment ‘The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine.

Question 22.
Write down the various limits on Right to Liberty.
Answer:
Right to Liberty can be limited on accounts of the following:

• Sovereignty and national integrity of India.
• Security of the country.
• Contempt of courts.
• To maintain law and order.
• Encouragement to violence and crime.

Very Short Answer Type Questions

Question 1.
What is meant by ‘Fundamental Rights’?
Answer:
Legal rights mentioned in the Constitution are called Fundamental Rights. Such rights are beyond the Parliament’s power of amendment. In India, Japan, U.S.A., France, etc. citizens enjoy Fundamental Rights.

Question 2.
Discuss any two salient features of the Fundamental Rights contained;in the Indian Constitution.
Answer:

• All citizens are equally entitled to the Fundamental Rights. These rights are not meant for any particular caste, class, religion or the residents of a province.
• Fundamental Rights are not absolute. The Constitution of India imposes direct restrictions on these rights.

Question 3.
Describe the two Fundamental Rights of Indian citizens.
Answer:

1. Right to Equality: The Indian citizens enjoy the right to equality. No citizen can be discriminated against the other in the name of religion, caste, colour, creed and sex. All the citizens are euqal before law.
2. Rights to Freedom: The citizens are given the right to freedom of speech, , freedom of expression, freedom to assemble peacefully to consider some problem, freedom to adopt any profession and right to personal liberty.

Question 4.
What do you understand by Right against Exploitation?
Answer:
Act 23 provides that traffic in human beings and begaar (forced labour) and; sirtiilar other form of forced labour are prohibited. This article prohibits the employment of children below the age of 14 in factory, mine or other hazardous employment.

Question 5.
What do you understand by Right to Freedom of Religion?
Answer:
Article 25-28 deal with the right to freedom of religion. Right to freedom of religion has been guaranteed to all persons residing in India.

Question 6.
What do you understand by Cultural and Educational Rights?
Answer:
Article-29 and 30 guarantees certain cultural and educational rights to the minorities:

1. Article-29 provides that any section of the citizens presiding in the territory of, India or any part thereof having a distinct language, script or culture of its own i shall have the right to conserve the same.
2. Article-30 provides that all minorities, whether based on religion or languages shall have the right to establish and administer educational institutions of their choice.

Question 7.
What do you understand by Right to Constitutional Remedies?
Answer:
Right to Constitutional remedies is a protector right of the fundamental rights of the citizens. Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights. The Supreme Court has been vested with the special jurisdiction and responsibility in the matter of the enforcement of fundamental rights.

Question 8.
Explain any two points against Fundamental Rights.
Answer:
Fundamental Rights are criticised on following grounds:

• There are too much limitations on Fundamental Rights.
• Preventive Detention prohibits personal liberty.

Question 9.
Mention any two points in favour of Fundamental Rights.
Answer:

Fundamental Rights creat necessary condition for the development of personality of citizens.
Fundamental Rights check the despotism of the government.

Question 10.
Write a note on “Right to Education”.
Answer:
Right to education is a Funadmental Right. In Dec. 2002 the 86th Amendment was passed. According to this Amendment ‘The state shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the state may, by law, determine.

One Word to One Sentence Answer Type Questions

Question 1.
What do you mean by Fundamental Rights?
Answer:
Those legal rights which are mentioned in the Constitution are called as Fundamental Rights.

Question 2.
In which part of the Constitution have the Fundamental Rights been described?
Answer:
The Fundamental Rights have been described in the third chapter of the Indian Constitution.

Question 3.
Write down any one feature of the Fundamental Rights given in the Indian constitution.
Answer:
Fundamental Rights are for all the citizens.

Question 4.
Why have the Fundamental Rights been mentioned in the Constitution?
Answer:
The Fundamental Rights of the citizens have been mentioned in the Indian constitution so that they may be guaranteed to all the citizens without any kind of discrimination.

Question 5.
How many Fundamental Rights are mentioned in Constitution in these days?
Answer:
These days the citizens are given six kinds of Fundamental Rights.

Question 6.
Mention any one right given under the Right to Equality.
Answer:
In Art. 14 of the Constitution, the words like “Equality before Law” and “Equal Protection of Law” have been used side by side.

Question 7.
Mention any one fundamental right given by the Constitution to minorities.
Answer:
According to Art. 30, all minorities whether religious ’ linguistic, have the right to establish and manage educational institution as they wish.

Question 8.
Explain the principle, ‘Equality before law.
Answer:
Equality before law means that all are equal before law and no one enjoys any privilege.

Fill in The Blanks

1. Right granted by the Constitution are called …………………. Right.
Answer:
Fundamental

2. …………………. of the Indian Constitution deals with the fundamental rights.
Answer:
Part-III

3. All …………………. are equally entitled to Fundamental Rights.
Answer:
Citizens

4. Fundamental Rights are of …………………. and negative nature both.
Answer:
Positive

5. Article …………………. deals with the Fundamental Rights.
Answer:
12 to 35.

True or False statement

1. Fundamental Rights are the integral part of the Constitution.
Answer:
True

2. Fundamental Rights are absolute.
Answer:
False.

3. Fundamental Rights are not justiciable
Answer:
False.

4. Fundamental Rights can be amended.
Answer:
True

5. Article 14 to 18 are related to Right to freedom.
Answer:
False.

Choose the correct Answer

Question 1.
At present there are:
(A) 8 Fundamental Rights
(B) 5 Fundamental Rights
(C) 7 Fundamental Rights
(D) 6 Fundamental Rights.
Answer:
(D) 6 Fundamental Rights.

Question 2.
Article 19 guarantees:
(A) Six Freedoms
(B) Seven Freedoms
(C) Five Freedoms
(D) Four Freedoms.
Answer:
(A) Six Freedoms

Question 3.
Right to Property has been taken out of list of Fundamental Rights by:
(A) 42nd Amendment
(B) 45th Amendment
(C) 44th Amendment
(D) 43rd Amendment
Answer:
(C) 44th Amendment

Question 4.
Which of the following is not a Fundamental Rights?
(A) Right to Equality
(B) Right to Property
(C) Right to Freedom
(D) Right against Exploitation.
Answer:
(B) Right to Property

Question 5.
By which amendment, Fundamental Duties were included In the Constitution?
(A) 44th Amendment
(B) 43rd Amendment
(C) 42nd Amendment
(D) 45th Amendment.
Answer:
(C) 42nd Amendment

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 12 Form of Governments: Parliamentary and Presidential Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 12 Form of Governments: Parliamentary and Presidential

Long Answer Type Questions

Question 1.
What is a Parliamentary System? Discuss its essential features.
Answer:
What is a Parliamentary form of government? Parliamentary type of government is also called Cabinet government or Responsible government. In this form of government there is a nominal head of the State and all executive powers are exercised by a Cabinet or ministers. These ministers are usually members of the legislature. They are individually and collectively responsible to the legislature for their action and policies.

They attend the meetings of the legislature and answer the questions put to them by the members of the legislature. If the legislature passes a vote of no-confidence against them, they resign their offices. Other members who possess the confidence of the legislature are then appointed as ministers. The members of the Cabinet are usually selected from among the legislators or the party or parties which command a majority in the legislature.

Each minister is incharge of one or more, departments. Garner observes, “Cabinet government is that system in which the real executive the Cabinet or Ministry is immediately and legally responsible to the legislature or one branch of it. (usually the more popular chamber) for its legislative and administrative act and ultimately or politically responsible to the electorate, while the titular or nominal executive the chief of the State-occupies a position of irresponsibility.

Parliamentary system had its origin in Britain and now most of the countries have adopted it. India, England, Canada, Denmark, Australia, Belgium, Japan, Bangla Desh and so many other countries have adopted parliamentary form of government.

Features Of Parliamentary Government:
The important features of Parliamentary government are as follows:
1. Head of the State is a Nominal Executive:
There is a titular executive head of the state either elected for a definite time or a hereditary monarch. Almost all the executive powers of the government are vested with the head of the State but it is only in theory and in practice all these powers are exercised by the real executive.

The nominal head of the State always acts on the advice of the council of ministers. The head of the State cannot do anything at his own initiative. In fact it is the council of ministers which exercises the power of the head of the State. The head of the State cannot do anything without taking the council of ministers into confidence.

2. Close Relationship between Executive and Legislature:
There exists a close relationship between the Cabinet and the Legislature. All the members of the cabinet are the members of the legislatures. They attend the meetings of the legislature and answer questions put to them by the members of the legislature. If an outsider is oppointed a minister he must become the member of the legislature within a definite period otherwise he ceases to be the member of the council of ministers. The ministers pilot the bills and see that they are passed. They are legislators as well as administrators.

3. Responsibility of the Cabinet:
The responsibility of the Cabinet means that so long as it enjoys the confidence of the legislature, it remains in power. Whenever the majority party is turned into minority or a vote of no-confidence or a vote of censure is passed against the government, it must go out and give place to the party which can then command majority. The council of ministers always acts in accordance with the wishes of the legislature.

4. Tenure of the Cabinet is not Fixed:
The tenure of the council of ministers is not definite. They can remain in office till the legislature wishes them to remain in office. The legislature can remove the members of the council of ministers from their office. If the majority of the members of the legislature passes a vote of no-confidence against the cabinet, then cabinet will have to resign.

5. Leadership of the Prime Minister:
In parliamentary system, Cabinet works under the leadership of the Prime Minister. Leader of the majority party in the Lower Chamber is appointed as the Prime Minister of the country and all other ministers are appointed by him. The head of the State neither appoints ministers of his own accord nor he can ask them to quit the office.

The Prime Minister selects his colleagues from among the members of his party and the President approves them. He forms the Cabinet, he can alter it, he can destroy it altogether. If he resigns, the whole Council of Ministers goes out of office. He summons the meetings of the Cabinet and presides over them. He can ask any minister to resign.

6. Political Homogeneity:
Cabinet works as a unit. But it can work as a unit only when all ministers in the Council of Ministers are taken from the single political party. The Prime Minister includes all the “big guns’ of his party in the Council of Ministers.

7. Secrecy:
Proceedings of the Cabinet are confidential. No minister can give publicity to the proceedings of the Cabinet. The decision of the Cabinet can be disclosed only by a minister authorised by the Prime Minister. At the time of the assumption of the office, every minister takes the oath of secrecy.

8. Dissolution of the Lower House:
One of the important feature of the Indian and British parliamentary government is the right of the council of ministers to dissolve the Lower House of the Parliament. On 26th April, 1999 President K. R. Narayanan dissolved Lok Sabha on the advice of Prime Minister Atal Behari Vajpayee.

Question 2.
Discuss the merits and demerits of Parliamentary government.
Answer:
Merits of Parliamentary Govt. Following are the merits of Parliamentary government:
1. It is more Democratic:
The great merit of the parliamentary government is that the people have share in this type of government and the representatives of the people exercise real authority. The members of the Cabinet are the real executive and they are selected from among the members of the legislature and are responsible to the legislature for all their actions and policies. In short, the representatives of the people are the rulers and they are responsible to other representatives. The ministers are to run the administration of the State in accordance with the wishes of the people.

2. Harmony between Executive and Legislature:
There is harmony between the executive and the legislature in a parliamentary type of government. All the laws introducted by the Cabinet are bound to be passed because they possess a majority in the legislature. On the other hand, the Cabinet works in accordance with the desires of the legislature because it can be removed from the office by a vote of no-confidence, passed in the legislature. In short, under this system there is no difference between the law-makers and Cabinet ministers who enforce the laws because both are inter-dependent on each other and work in harmony.

3. Responsible Government:
The Cabinet government is a responsible one and it cannot behave dictatorially. The members of the legislature ask questions and supplementary questions to the members of the Cabinet. They criticise the working of different departments on the floor of the House. In case the legislature indicates a loss of confidence over the Council of Ministers, the ministers are to resign. It is why the ministers always act in accordance with the wishes of the people. They cannot afford to go against public opinion. The government in this system always remains responsible to the legislature which is directly elected by the people.

4. Strong Government:
In a Cabinet government there is a strong administration. The government can enforce its policies strongly and vigorously. It is an age of political parties and the leader of the majority party is appointed the Prime Minister of the country. The Prime Minister selects other ministers from among the members of his party in the legislature. As the Cabinet is confident of its majority in the legislature, so it can act effectively. It has the support of the majority of the members in the legislature.

5. Timely Change in Government:
It is a great merit of parliamentary government that it changes when the time demands it so. The Cabinet is changed when the change is inevitable. During the .general elections the people get an opportunity to seek a change in the Cabinet. The change of Cabinet can be sought by passing a vote of no-confidence over it by the legislature. During the Second World War it was the Conservative Party which ruled Britain, and it conducted the war very successfully.

But after the war was over the people of Britain voted the Labour Party in power and not the Conservative Party. The parliamentary system is flexible in nature. Under this system the government can be changed and moulded in accordance with the desire of the country. Moreover, under this system in war times the election can be easily postponed for some time in national interest.

6. It is more Responsive to the Public Opinion:
Parliamentary government is more responsive to public opinion. The reason for this is that the administration under this system of government comes under terrible criticism. The majority party forms the government and the minority parties or opposition parties keep a strict watch on it.

They criticise the wrong actions of the government. The opposition parties bring the weakness of the government to light and try to win public opinion to their side. The ministers are always afraid of the criticism by opposition parties and hence they do not do any such thing which is not liked by the people.

7. It is more Educative:
Under the parliamentary system of government the masses get more political education than under the Presidential system. Under this system the people are always interested and take active part in the affairs of the government because they think that their criticism has an effect on the policy of the government.

It is the majority party which gets an opportunity to form the government. During elections each political party strives hard to get the maximum votes of the people in order to have a majority in the legislature. Each party tries to attract voters by advocating its view-point on the various problems of the State. In criticises the policies of the government and brings to light the wrongs committed by the government. It offers solutions to the problems facing the country.

No individual can keep himself aloof from the happenings in the country. Even after elections each political party from time to time discusses national or local problems with the people. All these things provide political education to the people.

8. Government of able Statesmen:
Parliamentary government is called the aristocratic government of modern age. In this system of government the authority remains in the hands of capable men. The leader of the majority party is appointed the Prime Minister and all other ministers are selected by him. It is essential that the Prime Minister should be equipped with all the qualities which are required to run the administration of the State quite successfully.

The ministers are taken from among the members of the legislature. Only the capable and experienced persons are selected to be appointed as ministers. If inexperienced and incapable persons are selected as ministers, they cannot run the administration efficiently. People elect only those people who are popular and are capable to participate in the proceedings of the legislature.

Demerits Of Parliamentary Government:
Following are the demerits of Parliamentary government:
1. It is against the theory of separation of powers:
The theory of separation of powers lays emphasis on the point that concentration of powers in the same hands is harmful. But in the parliamentary government the executive and legislative powers are concentrated in the same hands.

The members of the council of ministers make laws as well as run the administration of the State. There is always a danger that ministers may not frame laws which are not in the interests of the people. As the ministers belong to the majority party in the legislature, with its support in the legislature they may not assume dictatorial powers.

2. Dictatorship of the Cabinet:
Under certain circumstances, a Cabinet government may develop dictatorial tendencies. The fear of a new type of despotism arising in the Cabinet system cannot be ruled out. This may happen when the Cabinet belongs to a party which has an overriding majority in the legislature and opposition parties in the legislature are weak and divided.

In such a situation, the Cabinet exercises immense powers being supported in all its policies by members of its own party, the members of which do not try to evaluate these measures on merit. Further the power of the leader ‘of the Cabinet to propose a dissolution of the legislature, very often compels the legislature to support legislation which otherwise they would not favour. Cabinet rule is thus likely to result in a new despotism, a tyranny of the majority party.

3. Unstable Government:
The Government is always unstable in this form of government. This is simply because the Cabinet is responsible to the legislature and it can be removed by a vote of no-confidence passed by the legislature against it. Due to this instability, the government cannot make long term plans for the welfare of the masses.

In practice it has been estimated that the average life of the Cabinet in France is only eight months and in England nearly three years. The stability of the executive is very much threatened especially when no political party can command a majority in the legislature. The whims and fancies of the legislature may throw out an otherwise efficient and competent Cabinet.

4. It lacks Efficiency:
The great defect of this form of government is that it lacks efficiency. The rulers are always over-burdened with work and they cannot do it efficiently. The ministers are to perform various functions. They are to supervise the working of their own department and are to run the administration. They are to attend the meetings of the legislature and are to answer questions put to them by the members of legislature.

They are to pilot the bills and see them through. They answer the criticism of the legislators. They are to remain in touch with the people, because in the next election they are to seek their votes. They are so much over-burdened with work that they cannot attend to the governmental work properly.

5. Weak in time of Emergency:
The parliamentary government is very weak in times of great emergenices like the war or foreign attack or internal disturbance. This is simply because under this system, the Cabinet will have to get the consent of Parliament, or legislature before taking any strong action against the aggressors.

The long discussion of the ministers or of the legislature may ruin the country. Sometimes the ministers differ among themselves on the solution to certain serious problems. Sometimes the members of the Cabinet fail to reach a decision and the fate of the country hangs in the balance. Under these circumstances the country fails to meet the emergency successfully.

6. It is a Party Government:
The parliamentary government is essentially a party government. The party which gains majority in the legislature forms its own government. Therefore all the political parties organise themselves politically and if a member violates the discipline of the party, disciplinary action is taken against him.

As the political parties are well-organized, so the individual members lose their individual liberty and they cannot express their opinions freely. The political parties want all the members to remain loyal to the party. This way the people are always divided into various groups and factions.

Conclusion:
The parliamentary from of government has its merits and demerits. Some of the demerits of this form of government are most undesirable. The ministers sometimes are incapable and this government is weak in emergencies. The political parties do have some evil influence upon the people, but a democratic government cannot be run without the existence of political parties. In this system of government the administration is responsible and always respects public opinion. Most of the countries have adopted this form of government.

Question 3.
What is a Presidential System? Discuss its essential features.
Answer:
As against the parliamentary system there is a Presidential type of government which exists in U. S. A. By this government we mean that type of government in which the executive is not responsible to the legislature. Under this government the head of the State appoints his own advisers for the performance of his functions. Neither the President nor his secretaries are the members of the legislature.

They never attend the meetings of the legislature and are not responsible to it for their actions and policies. The President is appointed for a fixed term. He is boss of his secretaries and they are his servants. In fact there is a complete divorce between the executive and the legislature.

1. According to Dr. Gamer, “Presidential government is that system in which executive (including both head of state and his ministers) is constitutionally independent of legislature in respect to the duration of his or their tenure and, to large extent, as to his policies and acts. In such a system the Chief of a state is not merely the titulor executive but he is the real executive and actually exercises his power which the Constitution and laws confer on him.”

2. According to D. V. Verney, “The term Presidential has been chosen because in this system the office of the Head of Government and Head of the State are combined in the President.”

3. According to E. Asirvatham, “The Presidential system of government is that in which the executive is constitutionally independent of the legislature in respect of the duration of its tenure and irresponsible to it for its Political Policies.”

4. According to Gettel, “Presidential Government is that form in which the chief executive is independent of the legislature as to his tenure and to a large extent as to his policies and acts.” Presidential Govt, exists in U. S. A., France, Sri Lanka, etc.

Features Of The Presidential Government:
The important features of Presidential type of government are as follows:
1. Real Executive:
The head of the State in a Presidential type of government is the real executive and not a nominal one. He is the effective executive head of the State. Whatever are allotted to the head of the State, he exercises them effectively.

2. Cabinet is only an Advisory Body:
In a Presidential form of government cabinet is merely an advisory body. President is not bound to accept the advice of the cabinet. His secretaries and can rule in accordance with his own wishes. It is entirely his sweet will whether to consult his secretaries or not on a certain issue.

3. Separation of Executive and Legislature:
Under Presidential type of government, the executive is not dependent upon the legislature. It means that there is complete divorce between the executive and the legislature. If the legislature does not approve the action of the executive, it cannot remove the executive by a vote of no-confidence passed by the members. Neither the President nor his secretaries are the members of the Congress in U. S. A. The secretaries do not attend the meeting of the legislature and so do not participate in the proceedings of the House.

4. Irresponsibility of the Executive:
In a Presidential type of government the executive is not responsible to the legislature. The legislature in any way does not control the executive. The legislature cannot compel the executive to do particular thing. In other words, the legislature cannot dictate terms to the executive. The members of the legislature can ask questions to the executive only in writing. The ministers may or may not answer the questions, it entirely depends upon their sweet will.

5. Tenure of the Executive is Fixed:
In a Presidential type of government the tenure of the executive is fixed and the legislature cannot remove it from office. The secretaries are appointed by the President and for their actions and policies, they are responsible to the President. It is the President who can remove his secretaries from office.

6. President cannot dissolve the Parliament:
Presidential government is based on the theory of separation of powers. Hence the President has no power to dissolve any house of the legislature. The tenure of the legislature is fixed and it cannot be dissolved before the expiry of the term.

7. Political Homogeneity is Unncessary:
In a Presidential form of government it is not essential that all ministers should be taken from one party. It is because ministers are individually responsible to the President and there is no principle of collective responsibility.

Question 4.
Discuss the merits and demerits of presidential government.
Answer:
Merits Of Presidential Government:
Following are the merits of Presidential form of government:
1. Stable Government:
The government is stable in a Presidential type of government and it does not change frequently. The President exercises his authority himself and appoints a few secretaries for his assistance. The government is always stable because the term of office of the President is fixed by the Constitution. For instance, the President holds the office for a period of 4 years in America. The stability of government brings some definiteness and certainty in policy for running the administration of the country honestly and efficiently.

2. Efficiency in Administration:
The Presidential form of government is based on the theory of separation of powers. The secretaries neither contest elections nor they participate in the deliberations of the legislature. Their main function is to run the administration of the State. They run the administration neither under the dictation of the legislature and nor according to the dictates of the people. They run the administration quite independently. It is but natural that under such conditions the administration would be quite efficient.

3. Administration by able Statesman:
In this form of government the ministers are not the members of legislature. The President appoints only those persons as his secretaries who are experienced persons and can prove able administrators. He only makes appointments of so many federal officers and only those persons are appointed to these posts who can run the administration quite efficiently and smoothly.

In this system of government the secretaries can be taken from all the political parties. These secretaries run the administration quite independently and bother a little about the criticism of the legislature. Almost all the time the secretaries are busy in the work of the government. .

4. Suitable in time of Emergency:
The Presidential from of government suits the best at the time of emergency, because all the powers are concentrated in the hands of the President and he can use them quite effectively. The President can use his authority in whatever way he likes. He is not required to consult the legislature. The legislature may or may not like the action taken by the President to meet the emergency, the President can have his own way. The decisions are taken very promptly and the decisions are carried out very effectively. In a parliamentary type of government it takes time to take a decision.

5. Less Possibilites of Bad Effects of Party Politics:
In the Presidential form of government there is no such party split. The only function of the executive is to run the administration for the best interests of the society. The parties in the legislature do not have much conflict because they cannot change the government by passing a vote of no-confidence. Thus under a Presidential system the legislature also passes those laws which promote national welfare. In fact the Presidential system can be regarded as above party politics.

6. It is based on the Theory of Separation of Powers:
The Presidential form of government is based on the theory of separation of powers. The legislature is not controlled by the executive. Both the executive and the legislature are quite independent in their own sphere. .

7. Suitable for a Multi-Party System:
In a country where no party gains absolute majority and each party has captured some seats in the legislature, this system of government is very successful. If there is a multiple-party system, the parliamentary government cannot be a success because the government changes frequently. In a Presidential form of government, it is only during Presidential elections that the parties are active, and afterwards they become passive and hence the government does not change hands so frequently.

Demerits Of Presidential Government:
Following are the demerits of Presidential form of government:
1. Autocratic and Irresponsible Government:
In a Presidential type of government, neither the President nor his secretaries are the members of the legislature. They do not attend the meeting of the legislature. They are not to answer the questions on the floor of the House. They are not responsible to the legislature for their actions and policies. The President is their boss and they are his servants. The secretaries are responsible to him for all their actions and policies.

Under the Presidential system, the secretaries can become dictators in the exercise of their powers. This is simply because the secretaries cannot be removed from their offices by the legislature after passing a vote of no-confidence against them. The absence of this responsibility makes the executive officers at a superior position as a result of which they can become dictators for the administration of government, though for a limited period.

2. It does not Change according to Time:
Presidential system is rigid because the tenure of the President is fixed by the Constitution. This system is defective because the people will have to tolerate the Head of the State whether he is good or bad and they cannot change him before the fixed period.

It is due to the rigidity of the Presidential system that the elections could not be postponed in U.S.A. during Second World War. If instead of President Roosevelt, another man had come to power, America would have suffered great loss. The Presidential system is defective because it cannot adjust itself in accordance with the changing requirements of the country.

3. Possibility of Deadlock of the Government:
This form of government is based on the theory of separation of powers. The executive and legislative organs of the government are separated from each other and there is no close relationship between the two. This separation between the executive and the legislature leads to disputes and deadlocks.

The possibility of deadlocks increases when the President belongs to one party and the legislature has the majority of the members of another party. Under these circumstances the policy of the executive and the policy of the legislature differ widely. But the legislature and the executive will work independently. The national interest is bound to suffer if the deadlocks and disputes arise so often.

4. No Possibility of Good Laws:
There is no possibility of goods laws and hence the administration cannot be run smoothly. Good laws can be made only when the legislature and the executive work in close cooperation with each other. If the laws are not enforced with the same spirit with which they were framed, they cannot prove useful. Similarly if the laws are not framed according to the needs of government, the administration cannot be run efficiently. The peace and order cannot be maintained in the State properly under such circumstances.

5. Weak in Conduct of Foreign Relations:
The government cannot establish sound relations with foreign countries under this form of government. The reason for this is the legislature which has the power of declaring war and concluding peace. Moreover, all the treaties made with foreign countries by the executive are to be ratified by the legislature. The President is never sure about the the fact whether the legislature will ratify a particular treaty or not. Even if the approval of legislature for the treaties entered into with foreign countries is not essential, the laws are required for enforcing these treaties and they are to be passed by the legislature.

6. Rigid Constitution:
Due to rigidity of the Constitution presidential government is not changeable according to needs and circumstances. Everything happens in accordance with the provisions elaborately prescribed by the Constitution. No danger, no crisis can melt the inflexible Constitutional rules.

7. Public Opinion Neglected:
In a Presidential government chances of neglecting the public opinion is more because President and ministers are not responsible to the legislature.

8. Separation of Powers is not Practicable:
Presidential form of government is mainly based on the idea of separation of powers among the organ of the government. But practically separation is neither possible, nor practicable nor desirable. In fact the strict separation of powers is not found in any country of the world.

Question 5.
Distinguish between Parliamentary and Presidential forms of Government.
Answer:
The Parliamentary and Presidential governments differ from each other in a number of important respects. In India and Britain Parliamentary forms of government have been adopted and U.S.A. had adopted Presidential form of government. Both the forms of governments differ on the points given ahead:
(a) Position of the Executive
(b) Relations between the Executive and the Legislature.
(c) Responsibility and Tenure of the Executive.
Following are the points of difference between the Parliamentary and Presidential forms of government:
(a) Position of the Executive

Parliamentary Government	Presidential Government
Head of the State is a Nominal Executive	Head of the State is Real Executive
1. The head of the State is a nominal one and the powers conferred on him by the Constitution are not exercised by him according to his own sweet will. In England, the head of the state is queen and in India the head of the State is President. Neither of the two exercise his/her authority according to his/her will.	1. The head of the State is not the nominal executive but the real effective executive head of the State. He exercises his powers according to his sweet will. In U.S.A., the head of the State is President and he can exercise his authority according to his will. He selects ministers of his own sweet will. His tenure of office is fixed.
2. There is a council of ministers to aid and advise the President. In fact all the powers of the head of the State are exercised by the council of ministers. The head of the State can do nothing without the advice of his council of ministers.	2. There is a council of ministers to aid and advise the President. But the President is not bound to act on the advice of the council of ministers. He can do anything without consulting his ministers or even he can go against their advice. His ministers are merely his advisers.
3. The President does not have a free hand in the case of the appointment of his ministers. The leader of the majority party is to be appointed Prime Minister by the head of the state and other Ministers are appointed on the recommendations of the Prime Minister. The head of the State cannot remove the ministers from office.	3. The President has a free hand in the appointmentof his ministers. He can appoint any one as his minister and can remove any minister whenever he likes. He is not required to seek the advice of anybody in the case of appointment and removal of his ministers.
4. The head of the council of ministers is the Prime Minister and not the President.	4. The head of the State is also the head of the council of ministers.

(b) Relations between the Executive and the Legislature.

Parliamentary Government	Presidential Government
Close relations between the Executive and the Legislature	Separation of the Executive and the Legislature.
The members of the council of ministers are taken from the legislature.	1.The members of the council of ministers are not taken from amongst the members of the legislature.
2.The ministers participate in the meetings of the legislature. They introduce bills, participate in discussions of the House and support their measures. They participate in voting on bills.	2.The ministers do not attend the meetings of the legislature. They neither introduce bills nor deliver speeches in the house. They do not participate in voting on bills in the House.
3. The head of the State calls the meeting of the legislature in accordance with the wishes of the ministry.	3. The head of the State does not convene the meetings of the legislature.
4. The executive can at any time seek the dissolution of the legislature and can order fresh elections. The council of ministers can advise the head of the State to do so.	4. The executive cannot dissolve the legislature. The Lower Chamber continues to exist for a fixed and definite period.

(c) Responsibility and Tenure of the Executive.

Parliamentary Government	Presidential Government
Responsibility and Unfixed Tenure	Irresponsibility and Fixed Tenure
1. The ministers are responsible for their actions to the legislature.	1.The executive is not responsible for its actions and policies to the legislature.
2. The members of the legislature can ask the ministers questions and they have to answer them.	2. The members of the legislature can ask questions from the ministers, but they may or may not answer their questions.
3. The tenure of the executive is not fixed. If the legislature loses confidence in the ministers they have to resign from office.	3. The tenure of the executive is fixed. The legislature cannot remove the ministers from office. The head of the State appoints them and removes them from office.

Short Answer Type Questions

Question 1.
What is a Parliamentary form of Government?
Answer:
Parliamentary type of government is also called Cabinet government or responsible government. In this form of government there is a nominal head of the state and all executive powers are exercised by a Cabinet of Ministers. These ministers are usually members of the legislature. They are individually and collectively responsible to the legislature for the their action and policies. They attend the meetings of the legislature and answer the questions put to them by the members of the legislature. If the legislature passes a vote of no-confidence against them, they resign their offices.

Question 2.
What are the merits of Parliamentary Government?
Answer:

1. The great merit of the parliamentary government is that the people have share in this type of govt, and the representatives of the people exercise real authority.
2. There is harmony between the executive and the legislature in a parliamentary type of govt.
3. In a Cabinet government there is a strong administration.
4. Parliamentary government is more responsible to public opinion.

Question 3.
What are the demerits of Parliamentary Government?
Answer:

• It is against the theory of separation of powers.
• Under certain circumstances, a Cabinet government may develop dictatorial tendencies.
• The government is always unstable in this form of government.
• The Parliamentary govt, is very weak in times of great emergencies like war or foreign attack or internal disturbance.

Question 4.
What are the merits of Presidential Government?
Answer:

• The government is stable in Presidential type of government and it does not change frequently.
• The Presidential form of govt, suits the best at the time of emergency.
• The Presidential government is based on the theory of separtion of powers.
• In a country where no party gains absolute majority, this system is very successful.

Question 5.
What are the demerits of Presidential Government?
Answer:

• Presidential system is rigid because the office of the President is defined by the Constitution. Therefore, it does not change according to time.
• In a Presidential government chances of neglecting the public opinion are more because President and ministers are not responsible to the legislature.
• There is no possiblity of goods laws and hence the administration cannot be run smoothly.
• The separation of powers leads to disputes and deadlocks.

Question 6.
What is Presidential Government?
Answer:
Presidential form of government is that government in which the head of the state and the ministers are constitutionally free from the legislature for their tenure. They are not responsible to the legislature for their policies. Thus the head of the state in a Presidential type of government is the real executive and not a nominal one. Whatever powers are allotted to the head of the state by the constitution, he exercises them effectively.

Question 7.
Mention the various features of parliamentary form of Government.
Answer:
Following are the features of parliamentary government:

• Head of the state is a nominal executive.
• Difference between re.al executive and nominal executive.
• Close relationship between executive and legislature. All the members of the cabinet are the members of the legislature and they attend meetings of the legislature.
• Cabinet is colloectiv.ely responsible to the legislature. So long it enjoys the confidence of the legislature, it remains in power.

Question 8.
Mention the various features of presidential form of government.
Answer:
Following are the features of presidential form of government:

• The head of the state is the real executive and not a nominal one.
• Cabinet is only an advisory body. President is not bound to accept the advice of the cabinet.
• Separation of executive and legislature, neither the President nor cabinet members are the members of the legislature.
• The executive is not responsible to the legislature.

Question 9.
What is the difference between Parliamentary Govt, and Presidential Government?
Answer:

• In Parliamentary Govt, the head of the State is a nominal one whereas the head of the state is real executive in residential Government.
• The head of the Council of Ministers is the Prime Minister not President in parliamentary government whereas the head of the state is also the head of the Council of Ministers in Presidential govt.
• In Parliamentary govt., the members of the council of ministers are taken from the legislature whereas the member of the council of ministers are not the members of legislature in Presidential govt.
• The head of the state calls the meetings of the legislature in accordance with the wishes of the ministry in the
• Parliamentary system whereas the head of State does not convene the meetings of the legislature in Presidential system.

Very Short Answer Type Questions

Question 1.
What is a Parliamentary form of government?
Answer:
In Parliamentary type of government there is a nominal head of the state and all executive powers are exercised by a Cabinet of Ministers. These, ministers are usually members of the legislature. They are individually and collectively responsible to the legislature for the their action and policies. They attend the meetings of the legislature and answer the questions put to them by the members of the legislature.

Question 2.
Explain the merits of Parliamentary Government?
Answer:

• The great merit of the parliamentary government is that the people have share in this type of govt, and the respresentatives of the people exercise . real authority.
• There is harmony between the executive and the legislature in a parliamentary type of govt.

Question 3.
Explain the demerits of Parliamentary Government?
Answer:

• It is against the theory of separation of powers.
• Under certain circumstances, a Cabinet government may develop dictatorial tendencies. .

Question 4.
What are the merits of Presidential Government?
Answer:

• The government is stable in Presidential type of government and it does not change frequently.
• The Presidential form of govt, suits the best at the time of emergency.

Question 5.
Discuss the demerits of Presidential Government?
Answer:

• Presidential system is rigid because the office of the President is defined by the Constitution. Therefore, it does not change according to time.
• In a Presidential government chances of neglecting the public opinion are more because President and ministers are not responsible to the legislature.

Question 6.
What is Presidential Government?
Answer:
Presidential form of government is that government in which the head of the state and the ministers are constitutionally free from the legislature for their tenure. Thus the head of the state in a Presidential type of government is the real executive and not a nominal one.

Question 7.
Explain the various features of parliamentary form of Government.
Answer:
Following are the features of parliamentary government:

• Head of the state, is a nominal executive.
• Difference between real executive and nominal executive.

Question 8.
Explain the various features of presidential form of government.
Answer:
Following are the features of presidential form of government:

• The head of the state is the real executive and not a nominal one.
• Cabinet is only an advisory body. President is not bound to accept the advice of the cabinet.

Question 9.
What is the difference between Parliamentary Govt, and Presidential Government?
Answer:

• In Parliamentary Govt, the head of the State is a nominal one whereas the head of the state is real executive in Pesidential Government.
• The head of the Council of Ministers is the Prime Minister not President in parliamentary government whereas the head of the state is also the head of the Council of Ministers in Presidential govt.

One Word to One Sentence Answer Type Questions

Question 1.
Mention one feature of Parliamentary government.
Answer:
In a Parliamentary government head of the state is a constitutional head.

Question 2.
Write down any one demerit of Parliamentary government.
Answer:
The government is always unstable in Parliamentary form of governments.

Question 3.
Write down any one feature of Presidential form of government.
Answer:
The head of the state is real executive in Presidential form of government.

Question 4.
Write down any one demerit of Presidential form of government.
Answer:
Presidential form of government does not change according to time.

Fill in the blanks

1. There is a close relationship between the Cabinet and the……………….. in Parliamentary form of government.
Answer:
Legislature

2. In the Parliamentary System, cabinet works under the leadership of the ……………….. .
Answer:
Prime Minister

True or False statement:

1. In Presidential form of Government the administration is run quite independently.
Answer:
True

2. Parliamentary form of Government is not a democratic.
Answer:
False

Choose the Correct Answer

Question 1.
In Parliamentary government Cabinet is collectively responsible to the:
(A) Legislature
(B) Prime Minister
(C) President
(D) People.
Answer
(A) Legislature

Question 2.
In which of the country leader of the majority party is appointed Prime Minister?
(A) U.S.A.
(B) India
(C) Iraq
(D) China.
Answer
(B) India

Question 3.
Presidential government is that form of government in which:
(A) Head of the state is a nominal executive
(B) Executive is free from the Legislature
(C) The office of the President is hereditary
(D) None of the above.
Answer:
(B) Executive is free from the Legislature