Class 11

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

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

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

Long Answer Type Questions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Electoral Powers:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. He must have completed 25 years of age.

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

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

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

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

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

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

Privileges:
Members of the Lok Sabha enjoy certain privileges:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. He allots time for the discussion on Budget.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Short Answer Type Questions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Very Short Answer Type Questions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

One Word to One Sentence Answer Type Questions

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

  1. Lok Sabha
  2. Rajya Sabha.

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

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

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

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

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

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

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

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

Fill in The Blanks

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

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

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

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

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

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

True or False statement

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

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

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

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

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

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

Choose The Correct Answer

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

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

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

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

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

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

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

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

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

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

by

Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister Textbook Exercise Questions and Answers.

PSEB Solutions for Class 11 Political Science Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Long Answer Type Questions

Question 1.
Discuss the qualifications, mode of election and procedure for impeachment of the President of India.
Or
How is the President of India elected?
Answer:
Since India is a Republic, the President of India is elected by the people in an indirect manner for a fixed time. As to what method should be adopted for the election of the President, there was no unanimity of opinion in the Constituent Assembly. One suggestion was that the President should be directly elected by the people.

It will not only be in consonance with the democratic principles but it will also make the President the direct representative of the people. This proposal was rejected on the ground that such a method will unnecessarily convulse the nation, particularly when he was being made the nominal head of the State. The other proposal was that the President should be elected only by the members of the Union Parliament.

This proposal was equally rejected because in that case the President would become a puppet in the hands of the majority party. That would rob him of all his appearance of independence and dignity. In order to uphold the federal principle, it was finally agreed that the States should also be given a share in the election of the President.

Qualifications:
The Constitution prescribes the following qualifications for a presidential candidate-

  • He should be a citizen of India.
  • He must have completed the age of 35 years.
  • He must be qualified to be elected as a member of the Lok Sabha.
  • He must not hold any office of profit under the Government of India or any State Government or local authority.However, this provision is not applicable to a person who holds the office of the President, Vice-President, Governors and Ministers of the Central and State Government.
  • He cannot at the same time be a member of the Parliament or a member of State Legislature; his seat will be deemed to have been vacated on the date he assumes his office as President.
  • According to Presidential and Vice-Presidential Elections Act, the candidate for the office of president must deposit Rs. 15,000 as security.
  • The name of the candidate for the office of President must be proposed by 50 electors and seconded by 50 electors.

Method of Election:
Following are the features of the election of the President of India-

1. President elected by an Electoral College:
The President of India is elected by an electoral college consisting of the elected members of the Lok Sabha, the elected members of the Rajya Sabha and the elected members of the State Legislative Assemblies.

2. System of Proportional Representation:
The election of the President is held in accordance with the system of proportional representation by means of the single transferable vote.

3. Uniformity of Representation:
According to the Constitution, as far as possible, there is to be maintained uniformity of representation of the different States at the presidential election and parity between the States as a whole and the Union. In other words, in the election of the President, the principle of ‘One member- One-vote’ had not been and could not be adopted. In different States different ratios prevail between the population and the number of legislators.

The Constituencies in the different States are unequal in the matter of population. For example, in one State it may be one representative for every 50,000 of the population while in another the proportion may be one to 75,000 or more. Thus since the States differ in their population, the strength of the elected members of the State Legislative Assemblies also differs. Then, the total strength of the elected members of the State Legislative Assemblies is far greater than that of the elected members of both the Houses of Parliament. That being so, the problem was to ensure that the votes cast will have a value in proportion to the population that the votes represented.

4. Procedure of determining the votes of the Members of the State Assembly:
Article 55(4) of the Constitution lays down the procedure of determining the votes of the member of the State Assembly, which is as follows:
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 1
If the remainder is less than 500, it is ignored.
If it is more than 500, then the vote of each member shall be further increased by one.
For example, in 2017 population of Punjab was 27,704,236 and the Legislative Assembly of Punjab consists of 117 members. Hence each member was entitled to cast 237 votes:
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 2
5. Procedure of determining the votes of the Members of the Parliament:
The Constitution lays down the following procedure of determining the votes of the member of Parliament.
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 3
Fraction exceeding one-half being counted as one. Let us explain this formula also by taking an example. Suppose the total number of votes assigned to the elected members of all the State Legislative Assemblies is 424856 and the total strength of elected members of the Parliament is 705. Now to obtain the number of votes which elected member of the Parliament will have at the election of the President:
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 4
In the presidential election in July 2017, the number of votes of each member of the Parliament entitled to vote was 708.
Total votes of the elected member of State Assemblies = 5,49,495
No. of elected members of the Parliament = 776 (Lok Sabha 543 + Rajya Sabha 233)
No. of votes of each member of the Parliament = \(\frac {5,49,495 }{776}\) = 708
Total votes of the members of the Parliament = 708 x 776 = 5,49,408
Total votes of the electoral college = 5,49,495 + 5,49,408 = 10,98,903

6. Vacant Seats in Electoral College:
The President of India, as said, is elected by an electoral college. Now the question arises if the electoral college is not complete, how to proceed with the election of the President. Our Constitution was not clear on this point. To remove this flaw 11th Amendment (1961) was made in the Constitution.
According to this amendment, the election of the President or the Vice-President cannot be challenged on the ground of any vacancy in the electoral college for whatever reason among the members of the electoral college electing him.

7. Method of Fixing the Quota:
Under the system of Proportional Representation a candidate to be elected, must secure the necessary quota of votes. The quota is determined by the following formula:
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 5
Suppose the total number of valid votes polled at the presidential election is 8,00,000. Applying the above-mentioned formula, the quota shall be:
\(\frac {800000}{1+1}\) + 1 = 4,00,001
In order to be elected, the candidate must secure 4,00,001 votes-an absolute majority of votes. If the first counting does not give any candidate the quota of votes, the candidate who got the least number of votes is eliminated and his votes transferred to the remaining candidates on the basis of the preferences shown. The process is repeated until one candidate gets the requisite number of votes. Let us explain the system in detail.

Assuming that there are four candidates and the total number of valid votes cast are 15,000.
To be declared elected President, a candidate must secure a minimum of 7501 votes. Now suppose the first preference votes secured by the four candidates are as follows:
A—5250
B—4800
C—2700
D—2250
Since the candidate D gets the least number of votes, hence he is eliminated. Now the second preference votes on his 2250 ballot papers shall be counted.
Suppose A gets 300, B gets 1050 and C gets 900.

Now the total votes of A are 5250 + 300 = 5550, of B are 4800 + 1050 = 5800 and of C are 2700 + 900 = 3600. It means even now no candidate is securing the requisite quota of 7501 votes.

Now candidate C shall be eliminated because he got the least number of votes. Now third preference votes on the 3600 votes of C shall be counted. In the third preference suppose A gets 1700 and B gets 1900.
Now the total votes of A are 5550 + 1700 = 7250
Total votes of B are = 5850 + 1900 = 7750

According to the Proportional Representation system, B shall be declared President. The system proves the doctrine that candidate B is preferred by a numerically large number of electors than candidate A. It may be recalled that the election of Mr. V. V. Giri was decided in the Second Count. “It made the people realise the significance of the system of proportional represenataion by means of single transferable vote.”

So far fifteen presidential elections have been held in India:

  1. First election was held in 1952 and Dr. Rajendra Prasad was elected.
  2. Second election was held in 1957 and again Dr. Rajendra Prasad was elected.
  3. Third election was held in 1962 and Dr. Radhakrishnan was elected.
  4. Fourth election was held in 1967 and Dr. Zakin Hussain was elected.
  5. Fifth election was held in 1969 and Shri V. V. Giri was elected.
  6. Sixth election was held in 1974 and Shri Fakhruddin Ali Ahmed was elected.
  7. In July, 1977, for the first time, Shri Sanjiva Reddy was nominated by a consensus of all paries and was elected unopposed.
  8. Eighth election was held in July, 1982 and Congress (I) candidate Giani Zail Singh was elected and opposition candidiate Justice Khanna was defeated.
  9. Ninth Presidential election was held in July, 1987 and Congress (I) candidate R. Venkataraman was elected and opposition candidate Justice V. R. Krishna Iyer was defeated.
  10. Tenth Presidential election was held in July, 1992 and Congress (I) candidate Dr. Shankar Dyal Sharma was elected and opposition candidate was defeated.
  11. Eleventh Presidential election was held in July 1997. Joint candidate of United Front and Congress Mr. K. R. Narayanan supported by BJP and others was elected and Mr. T. N. Seshan was defeated. Mr. K. R. Narayanan secured 94.97 per cent of the votes.
  12. Twelfth Presidential election was held in July, 2002. Joint candidate of rulling National Democratic Alliance Dr. A.P. J. Abdul Kalam supported by Indian National Congress, Bahujan Samaj Party, Samajvadi Party, Janata Dal and others was elected and Capt. Lakshmi Sahgal, the opposition candidate supported by Communist Parties was defeated.
  13. 13th Presidential election was held in July 2007, joint candidate of United Progressive Alliance Mrs. Pratibha Devi Singh Patil was elected and Independent Candidate Mr. Bhairon Singh Shekhawat was defeated.
  14. 14th Presidential election was held in July 2012. Candidate of UPA and Supported by S.P., B.S.P., Janata Dal (U) and Shiv Seva, Mr. Pranab Mukherjee was elected and independent candidate Mr. P.A. Sangma was defeated.
  15. 15th Presidential election was held in July 2017. Candidate of N.D.A. Sh. Ram Nath Kovind was elected and U.P.A. candidate Smt. Meera Kumar was defeated.

The election of the President is conducted by the Chief Election Commissioner. He issues the notification and fixes dates for nomination, scrutiny of nomination and withdrawal of candidature. Only those eligible to vote in the election of the President, i.e. elected members of Parliament and elected members of the State Legislative Assemblies can propose a candidate for election. The Chief Election Commissioner counts the votes cast and declares the result.

The validity of the election of the President can be challenged by the electors only. The election of the President can be challenged only after the completion of the election, i.e., after a candidate is declared to be elected to the office of the President. If a petition is allowed before such election, it would involve the non-compliance with the mandatory provisions of Art. 62 which says that an election to fill a vacancy caused by the expiration of the term of the office of the President shall be completed before the expiration of the term.

Oath of the President:
Before entering upon his office, the President elected or any person acting as President for discharging the functions of President, is required to take an oath in the presence of the Chief Justice, or in his absence, the senior-most judge of the Supreme Court available.

Tenure:
The President is elected for a period of five years. The period of five years begins from the day he enters upon his office. The President is eligible for re-election.

Removal by Impeachment:
The President can be removed from office by impeachment only. The Constitution lays down a detailed procedure for the impeachment of the President. He can be impeached “for violation of the Constitution”.

When a President is to be impeached for the violation of the Constitution, the charges can be prepared by either House of the Parliament. In other words, the impeachment charged may be initiated by the Lok Sabha or the Rajya Sabha. (in the United States of America, this right belongs exclusively to the Lower House, i.e., the House of Representatives). But no such charge is to be preferred unless the proposal to prefer such a charge is contained in a resolution which has been moved after at least 14 days’ notice in writing signed by not less than one-fourth of the total number of members of the House.

The resolution must be passed by a two-third majority of the total membership of the House. If passed by the requisite majority in one house, it is sent to the other House for investigation. The other House is empowered to entrust this job of investigation to a court or tribunal.

However, the resolution had got to be passed by the other house by a two-third majority of the total membership of this House. If the other House also passes the resolution by a two-third majority of the total membership of this House, then it means the charge is proved and the President is removed from his office from the ‘date’ (word ‘time has not been used’) on which the investigating House passes the resolution.

However, the President has the right to be heard and defended when the charges against him are being investigated. He may defend himself in person or through his council. One thing to be noted here is that there is no provision for suspension of the President under impeachment. He continues to hold his office during the period of investigation.

Salary and Allowances:
The President of India gets a salary of Rs. 5,00,000 per month and an official residence (called Rashtrapati Bhavan in New Delhi) free of rent. In addition to the salary, the President also gets handsome allowances of various kinds as determined by Parliament. According to the President’s Pension Act, a person who ceases to hold office as President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,50,000. The Government may also allow him a free medical aid as was done in the case of Dr. Rajendra Prasad.

The salary and other allowances of the President are charged on the Consolidated Fund of India. According to Art. 59 (4), the emoluments and allowances of the President shall not be diminished during his term of office.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 2.
Describe the powers of the President of India
Or
Discuss the executive and judicial powers of the President.
Or
Explain the powers of the President of India other than emergency powers.
Answer:
The Constitution of India establishes a federal form of government.
According to Art. 53, the executive powers of the Union have been vested in the President which shall be exercised by him directly or through officers subordinate to him in accordance with the Constitution. However, India being a parliamentary form of government, the President is only a nominal head and the working executive is the Council of Ministers headed by the Prime Minister.
The powers of the President can be divided into two categories-
(A) Powers in normal times and
(B) Emergency powers.

(A) POWERS IN NORMAL TIMES:
During normal times the President exercises four types of powers:
1. Executive Powers
2. Legislative Powers
3. Financial Powers
4. Judicial Powers.

1. Executive Powers:
The President is the Chief Executive or Head of the State. According to Art. 53 (1) of the Constitution, the executive powers of the Union have been vested in the President. He may exercise these powers himself or get them exercised through officers subordinate to him.

(i) Appointments:
The President is authorised to make a number of appointments. He appoints the Prime Minister and the other Ministers on the advice of the Prime Minister, the Attorney General, the Comptroller and the Auditor General, Judges of the Supreme Court and the High Courts, the Chairman and Members of Joint Public Service Commission, the Chairman and members of Joint Public Service Commission, the Election Commission, Finance Commission, the Official

Language Commission and Commission for the Scheduled Castes, Tribes, Backward Classes, etc. He also appoints the State Governors, Lt. Governors and Chief Commissioners of the Union Territories. He also sends and receives diplomatic representatives. He makes rule for the convenient transaction of business of the Government of India and allocates this business among the Ministers. Under Art. 78, the Prime Minister is bound to communicate to the President all decisions of the Cabinet relating to administration and such proposals for legislation as the President may call for.

(ii) Military Powers:
The President is the Supreme Commander of the Defence Forces, but the exercise of military powers of the President is regulated by the Parliament. The President cannot declare war or deploy forces without the sanction of the Parliament or in anticipation of the sanction by the Parliament.

(iii) Power Relating to Foreign Affairs:
The President has extensive diplomatic powers. He represents his country in international affairs. He appoints Indian representatives to foreign countries and also receives diplomatic representatives of other States which have been recognised by Parliament.

(iv) Power of Direction, Control and Co-ordination:
The President has the power of direction, control and co-ordination of the work in the States. He can issue directions to the States for the compliance of Union laws. In particular, he can direct a State or States to construct and maintain communications of national or military importance and for the protection of railways. He can establish an Inter-State council to advise him upon co-ordination of policy and settlement of disputes between the States.

(v) Administration of Union Territories:
Art. 239 provides that every Union Territory shall be administered by the President acting through an administrator. The administrator, given any designation by the President, is appointed by the President. The President may appoint the Governor of a State as the administrator of an adjoining Union Territory. When the Governor is discharging the duties of the administrator he shall exercise his functions as administrator independently of his Council of Ministers.

The Parliament by law can establish democratic institutions in the Union Territories. The President can make regulations for the peace, progress and good government of the Union Territory of the Andaman and Nicobar Islands and the Laccadive, Minicoy and Amindivi Islands. The regulations made by the President have the same effect as an act of Parliament. The President is also competent to repeal or amend, through such regulations, any existing Act dealing with the administration of these Islands.

(vi) Informative Powers:
The President had a right to ask for information with regard to the decision of the Council of Ministers. The Prime Minister is required to keep in touch with the President for this purpose.

(vii) Sending back the decision of the Council of Ministers for reconsideration:
Under 44th amendment the President is empowered to send back the decision of the Council of Ministers for reconsideration, but if the council of Ministers repeats the decision, then the President is bound to accept the decision.

(viii)Link between the Centre and States:
The President is the link between the centre and the states. He is the executive head both of the union and of the federation.

2. Legislative Powers:
The President enjoys many legislative powers. He is a part of the Parliament. Besides the Lok Sabha and Rajya Sabha, the President is also a part of the Parliament. The legislative powers of the President are provided by Article 123.

(i) Power to Summon:
Prorogue and Dissolve the Parliament. The President can convene, prorogue and dissolve the Parliament. He can order fresh elections to the Lok Sabha on the recommendation of the Prime Minister. He must call the session of the Parliament within 6 months.

(ii) Address to the Parliament:
He can address the two Houses of the Parliament jointly or he may address them independently. The first session of the Parliament after the General elections is inaugurated by the President. He also addresses the first session of the Parliament every year. In his address the President explains the policy of the Government to the House.

(iii) Nominates the Members of the Parliament:
He nominates 12 persons to the Rajya Sabha. These persons must have distinguished themselves in the fields of art, literature, science and social service. He can nominate two persons of the Anglo-Indian community to the Lok Sabha if he feels that the community has not got adequate representation.

(iv) Assent on Bills:
No bill passed by the Parliament can become an Act without the assent of the President. He can reject an ordinary bill only once and when passed for the second time, the President is to give his assent.

(v) He gives approval to many bills passed by the State Legislatures.

(vi) Joint Session:
He can call a joint session of the two Houses of the Parliament. If the two Chambers differ on an ordinary bill, only then he calls a joint session.

(vii) Power to Send Messages: He can send messages to any House from time to time.

(viii)Ordinance:
During the intervals of the sessions of the Parliament he can issue ordinances. These ordinances have the force of laws. The ordinance is put before the Parliament as soon as it meets. The Parliament has the authority to reject the ordinance. It can be withdrawn by the President also. If it is neither rejected by the Parliament nor withdrawn by the President, it will automatically end six weeks after the first meeting of the Parliament. On Sept. 22, 1980 the President promulgated the National Security Ordinance to enable the government to detain any person to prevent him from acting against the defence or security of the country.

(ix) Constitutional Amendment Bill:
A Constitutional Amendment Bill is finally sent to the President for his assent. The President is bound to give his assent to the Constitutional Amendment Bilk

3. Financial Powers:
The financial powers of the President as mentioned in the Constitution are as follows:

(i) It is the duty of the President to place the Budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the Finance Minister on behalf of the President.

(ii) Money Bills can only be introduced in the Parliament on the recommendation of the President.

(iii) The President has full control over the contingency fund and he can spend it according to his sweet will.

(iv) He distributes the share of income tax among the States.

(v) He appoints Finance Commission. 15th Finance Commission was appointed on 27 Nov.- 2017 in the Chairmanship of Sh.N.K. Singh.

4. Judicial Powers:
The President has some judicial power also. It is provided by Article 122 of the Constitution.

  • The President appoints the judges and the chief justice to the Supreme Court and the State High Courts.
  • The President cannot be sured in any court of India in connection with any matter concerning his office.
  • He has the power to pardon, reprieve and commute punishment.

(B) EMERGENCY POWERS
Besides powers in normal times the President of India has Emergency Powers as well. The President enjoys three types of emergency powers:
1. Emergency due to external aggression or armed rebellion.
2. Emergency arising out of failure of the constitutional machinery a State.
3. Financial emergency.

For detailed study of Emergency Powers:
1. Emergency arising out of external aggression or Armed Rebellion:
According to Art. 352 if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency. Under 59th amendment in Punjab emergency can be declared on the ground of internal disturbances. The President can declare emergency even before the actual occurrence of war, external aggression or armed rebellion.

But in the 44th Amendment it is provided that the President shall not issue a proclamation of Emergency unless the decision of the Cabinet that such a proclamation may be issued has been communicated to him in writing. According to 42nd Amendment, President can declare emergency in the whole of India or in such part of the territory there of as may be specified in the proclamation. Such a Proclamation may be revoked by a consequent proclamation. If the proclamation has not been approved within one month by both the Houses of Parliament by two-thirds of the majority of the members present and voting, it will become ineffective. If such a

proclamation is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month, and if the Rajya Sabha has approved the proclamation within one month, but it had not been approved by the Lok Sabha, the proclamation shall cease to operate at the expiration of 30 days from the date on which the Lok Sabha sits after its reconstitution. However, if within 30 days the Lok Sabha approves the proclamation, it continues.

After approval of the Parliament emergency continues till the President revokes it by a subsequent proclamation. But it is provided in the 44th Amendment that for the continuance of the emergency, approval by resolution of both Houses would be required every six months. Provision is also made in the 44th Amendment that the proclamation of Emergency would cease to be opeative whenever a resolution to that effect is adopted by the Lok Sabha by a simple majority of the members of the House present and voting.

Ever since the operation of the Constitution (Jan. 26, 1950), such an emergency has been declared three times. First, when India was attacked by China in October, 1962 and second when all of a sudden, Pakistan attacked India on December 3, 1971. Third time internal emergency was declared on 26th June, 1975 and this emergency was-removed on 21st March, 1977 whereas external emergency declared in 1971 was lifted on 27th March, 1977.

Effects of this Proclamation:
1. The most significant effect of this proclamation is that the federal form of the Constitution is converted into unitary form of government. The authority of the Centre is increased till the emergency lasts. It should be remembered the State Governments do not cease to function. They continue, to function as before under normal conditions. But the Centre gets the authority to give directions to the States as the manner in which the executive power of the States is to be exercised. The legislative power of the Centre is also widened.

2. Parliament will have the power to make laws for the whole or part of India with respect to any of the matters given in the State List. Laws so made by Parliament shall cease to operate six months after the Proclamation of Emergency has come to an end.

3. The President, may by an order, modify the provisions relating to distribution of revenues between the Union and the States.

4. The Fundamental Rights given under Art. 19 (six freedoms) are automatically suspended throughout the country. The suspension of Art. 19 continues until the proclamation of emergency ends. However, under 59th Amendment this right can be suspended when emergency is declared in Punjab.

5. The President by order can also suspend the right to move the courts to enforce any Fundamental Rights. All proceedings pending in any court for the enforcement of the rights so mentioned may remain suspended for the period during which Proclamation is in force or for such short period as may be specified in the order. But according to 44th Amendmenl the enforcement of the right to life and personal liberty under Article 21 cannot be suspended. The order so made may extend to the whole or to any part of the territory of India. However, the order of the

parliament is required to be laid before each House of Parliament “as soon as may be after it is made.” And what is the definition of ‘as soon as may be’, the constitution does not fix any time limit for the order to be laid before Parliament.

2. Emergency arising out of the failure of constitutional machinery in a State. (Art. 356):
The second type of emergncy powers given to the President deal with the failure of constitutional machinery in the State. If the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.

In May, 1994, the Supreme Court had declared that dismissal of a state government by the President under Article 356 of the Constitution is open to judicial scrutiny. The apex Court had held that presidential proclamation under Article 356 could be challenged only on the ground that the exercise of power was malafide or based on wholly extraneous and irrelevant grounds.

Any proclamation made under Art. 356 may be revoked or varied by a subsequent Proclamation. The Proclamation issued by the President is required to be laid before each House of Parliament and it ceases to operate after the expiry of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. If approved by Parliament, the Proclamation, remains in force for six months after the parliamentary approval. The duration of the proclamation can be extended for six months at a time and the maximum period is one year.

According to 44th Amendment, a resolution with respect to the continuance in force of a Proclamation under the article for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless a Proclamation of Emergency is in operation at the time of the passing of such resolution and the Election Commission certifies that the continuance in force of the proclamation under the Article during the period specified in such resolution is necessary on account of difficulties in holding elections to the Legislative Assembly of the State concerned.

Under 59th Amendment in Punjab President’s rule can be extended up-to three years. Under 64th Amendment President’s rule in Punjab was extended six months more beyond three years. By 68th amendment President’s rule in Punjab can be extended up-to 5 years.

Effects of this Proclamation:
(i) The President can assume to himself all or any of the functions of the State or he may vest all or any of those functions in the Governor or any other executive authority.

(ii) The President can suspend or dissolve the State Legislative Assembly. He may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament. However, Parliament will be competent to confer that power on the President and also authorise him to delegate those powers to anybody he thinks fit. .

(iii) The President can make any other incidental or consequential provisions necessary to give effect to the object of the Proclamation.

(iv) If the Lok Sabha is not in session then the President sanctions the expenditure from the consolidated fund of the State.

President’s rule has been promulgated almost 121 times in states since the enforcement of the Constitution. Almost all the States have been, at one time or the other, been put under President’s Rule.

3. Financial Emergency (Art. 360):
If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Art. 360 of the Constitution. Such a Proclamation may be revoked by a subsequent Proclamation. The proclamation has to be laid before each House of Parliament.

It ceases to operate at the expiration of two months unless it is approved earlier by a resolution of both Houses of Parliament. The Proclamation in this case also should be approved by Parliament as in the other two cases of emergency. Like the Proclamation of war-emergency, Financial Emergency also continues for an indefinite period. Fortunately, this kind of Emergency has not been declared so far.

Effects of this Proclamation:
(i) During the Financial emergency, the executive authority of the union shall extend to the giving of directions to any State to observe such canons of financial property as may be specified in the direction or any other directions which the President may deem necessary for this purpose.

(ii) The President can ask a State to reduce salaries and allowances of all or any class of public servants connected with the affairs of a State.

(iii) The President can give direction to a State to reserve all Money Bills for the consideration of the President after they have been passed by the State Legislature.

(iv) The President shall be competent to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the judges of the Supreme Court and the High Courts.

Criticism:
Evidently the Constitution gives the President very drastic powers to deal with Emergency. Emergency powers of the President were criticised within and outside the Constituent Assembly. It has been said that these powers are not compatible with democracy. When the provisions relating to Emergency powers were passed, Sh. H. V. Kamath, member of the Constituent Assembly, declared, “ It is a day of shame and sorrow, God save the Indian people.”

Sh. K. T. Shah described Article 359, which empowers the President to suspend the right to seek enforcement of fundamental rights “as the grand final and crowning glory of this chapter of reaction and retrogression.” The power to abrogate fundamental rights of citizens during Emergencies can easily be abused for depriving the people of their liberty and imposing a totalitarian rule on the country.

According to H. V. Kamath, “ There is no parallel to the chapter of Emergency in any Constitution of democratic countries of the world”. He further said,, “I fear that by the single chapter we are seeking to lay the foundation of a totalitarian State, a police State, State completely opposed to all the ideas and principles that we have held aloft during the last few decades, a State where the rights and liberties of millions of innocent men and women will be in continuous jeopardy, a State where if there be peace it will be the peace of the grave and the void of the desert. I only pray to God that He may grant us wisdom, wisdom to avert any such catastrophe, grant us fortitude and courage.”

Another point of criticism is that during Emergency federal structure is changed into unitary one. T. T. Krishnamachari said, “The Constitution of India is designed to work as a federal system in normal times and as a unitary system in war and other emergencies.” Moreover, ruling party at the Centre by using Article 356 can declare President’s rule in a particular State simply because some other party is ruling the State. Article 356 was misused when nine state governments were dismissed on 30th April 1977 and in Feb 1980.

Justification of Emergency Powers. Emergency powers of the President are defended on the ground that Strong Centre is needed for security of the country. V. N. Shukla writes, “ These provisions may appear to be harsh, particularly in a constitution which professes to be built upon an edifice of fundamental rights and democracy. But the provisions may be studied in the light of India’s past history. India has had her inglorious days whenever the Central power was weak.

It is well that the Constitution guards against the forces of disintegration. Events may take place threatening the very existence of the State, together with all that is desired to remain basic and immutable will be swept away.” Country’s security is more important than the federal system. In the words of Dr. Ambedkar, “ It is only the Centre which can work for the common purpose and for the general interest of the country as a whole. Herein lies the justification of giving to the Centre overriding power to be used in the Emergency.”

It is not possible for the President to become a dictator. In India there exists a parliamentary form of Government. The essence of parliamentary form of Government is that the Head of the State is a nominal head. It is the Council of Ministers which is the real executive.

According to 44th Amendment, an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet. In addition a Proclamation of Emergency must be approved by the two Houses of parliament by two-thirds majority within a period of one month.

As a further check against the misuse of the emergency powers and to put the right to life and liberty on a secure footing, it is provided in 44th Amendment Act that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundamental right to life and liberty.

According to 44th Amendment the provisions of Article 19 will become suspended only in the case of a proclamation of Emergency issued on the ground of war or external aggression and not in the case of a Proclamation of Emergency issued on the ground of armed rebellion. Moreover, if the President tries to become a despot, he will be impeached by the Parliament.

There is no question of autocracy under any circumstances. Only State autonomy may suffer temporarily.” Sh. Amar Nandi rightly remarked that the power conferred on the central executive to meet national emergencies is, so as to say, a loaded gun which can be used both to protect and to destroy the liberty of citizens. The gun must be used, therefore, with extreme caution.

Position of the President:
What exactly is the position of the President in the Indian Constitution? Different writers have taken different and sometimes radical views. A lay man who reads the provisions of the Constitution may literally interpret them and come to the conclusion that he has been armed with drastic powers. His Emergency Power “is a bottomless well of dictatorial possibilities”. Under Art. 53 of the Constitution,
“The Executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.”

It means the President can use the executive powers himself. Under Art. 74 of the Constitution there shall be a Council of Ministers to aid and advise the President in the exercise of his functions. But nowhere it had been stated that the President shall be bound to act in accordance with the advice of the Council of Ministers. Then, the President of India can dissolve Parliament, issue ordinances, declare emergency and can take into his hands the administration of the whole of the country. Being the Supreme Commander of all the forces he can establish his personal rule with the help of the armed forces of the country.

But this is a legal view. And the fact is a legal truth, may be a political untruth. In India, there exists parliamentary form of government. The essence of the parliamentary form of government is that the Head of the State is a titular head, a constitutional head. His powers are formal. It is the Council of Ministers which is the real functionary.

By 42nd amendment even legal position of the President has changed. Under this amendment he was bound to accept the advice of the Council of Ministers. But according to 44th Amendment the President may require the Council of Ministers to reconsider any advice tendered by them and that the President shall act in accordance with the advice tendered after such reconsideration, Thus, the critics argue that the position of the Indian President is one of honour and dignity but not of power.

Commenting upon the position of the President, Dr. Ambedkar had himself said in the Constituent Assembly: “The President occupies the same position as the King under the British Constitution. He is the head of the State but not of the Executive. He represents the nation but does not rule the nation.” To quote him again: “The President of the Indian Union will be generally bound by the advice of ministers.

He can do nothing contrary to their advice nor can he do anything without their advice.” According to late Pt. Nehru, “We have not given our President any real power but we have made his position one of great authority and dignity’. Expressing his views on the position of the President, Sh. Morarji Desai said, “It is wrong to think that our President is vested with any real power of rulership; in normal times he has none, under the Constitution he is merely a constitutional head, very much like the British King.”

However, all the critics do not subscribe to the view that the President under the Constitution is only a figure head. These critics draw our attention to the Weimar Constitution of Germany. The Weimar Constitution was based on thoroughly democratic lines. Yet it gave rise to a dictator, Hitler who trampled under his feet all the democratic principles of the Constitution. Similarly, Dr. Ambedkar himself used the words “ generally bound”. It shows that the President is not a rubber stamp, he is not a puppet in the hands of the Council of Ministers.

The Constitution allows him opportunities when he can use his discretion. For example, he can use his discretion in the appointment of the Prime Minister when no political party gets absolute majority in the Lok Sabha. After all, the President is a promoted politician. As Jennings has said, “He cannot be expected to play the same role of impartiality as is expected from the British Monarch.”

Under Art. 78 of the Constitution, it shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation, to furnish such information ralting to the administration to the affairs of the Union and proposals for legislation as the President may call for Under Art. Ill the President can use his veto power also.

His emergency powers are so sweeping that, as H. V. Kamath feared, he can lay the foundation of a totalitarian State, a police State…. In his address delivered on the occasion of the laying of the foundation stone of the Indian Law Institute, New Delhi in November, 1960, President Rajendra Prasad urged the Institute to make a study of the powers and functions of the President and find out to what extent they differed from those of the King of England.

He was doubtful that the position of the President is like the position of the British Monarch. He clearly pointed out that because the conditions in India were different from those in England, “ It may not be desirable to treat ourselves so strictly bound by the interpretations which have been given from time to time to expressions in England.”

His successor Dr. Radhakrishnan also expressed publicly similar views. While speaking in the civic reception at Kanpur, he said, “Jpdia was suffering because sufficient care had not been taken to explain our position abroad.” Dr. Radhakrishnan was criticising the foreign policy of the country. At the time of the assumption of his office the President has to take the oath to protect, preserve and defend the Constitution and to devote himself to the service and well-being of the people of India. No wonder, he may veto a Bill which in spirit, runs counter to the Directive Principles of State Policy.

Conclusion:
The conclusion is clear. The President is not a rubber-stamp under the Constitution. Accroding to B. Shiva Rao, the President is more than a figure-head. Even President Giri agreed to this view when he said that the country needed a “really independent and strong President who could see things straight and do justice well without fear or favour.” In his election campaign he clearly said, “If elected he would not be a sleeping partner, nor a rubber stamp

He would be an active partner within the four walls of the Constituion.” Thus, a fairly large section of the educated public opinion in the country feels that the president has a share in the actual government of the country. Even Dr. Radhakrishnan on the the day of his retirement indirectly hinted on such a role of the President when he said, “The President symbolizes national purpose and national unity and can be a great influence for stability and progress.”

The real position of the President depends upon his relationship with the Council of Ministers and, to a great extent, upon his personality. It he is a man of dynamic personality, he will have an edge over the Council of Ministers.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 3.
Explain emergency powers of the President.
Or
Discuss the emergency powers of the President of India. Do you agree with the view that the President can become a dictator by exercising them?
Answer:
Besides powers in normal times the President of India has Emergency Powers as well. The President can use the emergency powers even when there is the likelihood of an emergency.
1. Emergency due to external aggression or armed rebellion.
2. Emergency arising out of the failure of the constitutional machinery in the States.
3. Financial emergency.

1. Emergency arising out of external aggression or Armed Rebellion:
According to Art. 352 if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency. Under 59th amendment in Punjab emergency can be declared on the ground of internal disturbances. The President can declare emergency even before the actual occurrence of war, external aggression or armed rebellion.

But in the 44th Amendment it is provided that the President shall not issue a proclamation of Emergency unless the decision of the Cabinet that such a proclamation may be issued has been communicated to him in writing. According to 42nd Amendment, President can declare emergency in the whole of India or in such part of the territory there of as may be specified in the proclamation. Such a Proclamation may be revoked by a consequent proclamation. If the proclamation has not been approved within one month by both the Houses of Parliament by two-thirds of the majority of the members present and voting, it will become ineffective. If such a

proclamation is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of one month, and if the Rajya Sabha has approved the proclamation within one month, but it had not been approved by the Lok Sabha, the proclamation shall cease to operate at the expiration of 30 days from the date on which the Lok Sabha sits after its reconstitution. However, if within 30 days the Lok Sabha approves the proclamation, it continues.

After approval of the Parliament emergency continues till the President revokes it by a subsequent proclamation. But it is provided in the 44th Amendment that for the continuance of the emergency, approval by resolution of both Houses would be required every six months. Provision is also made in the 44th Amendment that the proclamation of Emergency would cease to be operative whenever a resolution to that effect is adopted by the Lok Sabha by a simple majority of the members of the House present and voting.

Ever since the operation of the Constitution (Jan. 26, 1950), such an emergency has been declared three times. First, when India was attacked by China in October, 1962 and second when all of a sudden, Pakistan attacked India on December 3, 1971. Third time internal emergency was declared on 26th June, 1975 and this emergency was-removed on 21st March, 1977 whereas external emergency declared in 1971 was lifted on 27th March, 1977.

Effects of this Proclamation:
1. The most significant effect of this proclamation is that the federal form of the Constitution is converted into unitary form of government. The authority of the Center is increased till the emergency lasts. It should be remembered the State Governments do not cease to function. They continue, to function as before under normal conditions. But the Center gets the authority to give directions to the States as the manner in which the executive power of the States is to be exercised. The legislative power of the Center is also widened.

2. Parliament will have the power to make laws for the whole or part of India with respect to any of the matters given in the State List. Laws so made by Parliament shall cease to operate six months after the Proclamation of Emergency has come to an end.

3. The President, may by an order, modify the provisions relating to distribution of revenues between the Union and the States.

4. The Fundamental Rights given under Art. 19 (six freedoms) are automatically suspended throughout the country. The suspension of Art. 19 continues until the proclamation of emergency ends. However, under 59th Amendment this right can be suspended when emergency is declared in Punjab.

5. The President by order can also suspend the right to move the courts to enforce any Fundamental Rights. All proceedings pending in any court for the enforcement of the rights so mentioned may remain suspended for the period during which Proclamation is in force or for such short period as may be specified in the order. But according to 44th Amendmenl the enforcement of the right to life and personal liberty under Article 21 cannot be suspended. The order so made may extend to the whole or to any part of the territory of India. However, the order of the

parliament is required to be laid before each House of Parliament “as soon as may be after it is made.” And what is the definition of ‘as soon as may be’, the constitution does not fix any time limit for the order to be laid before Parliament.

2. Emergency arising out of the failure of constitutional machinery in a State. (Art. 356):
The second type of emergency powers given to the President deal with the failure of constitutional machinery in the State. If the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.

In May, 1994, the Supreme Court had declared that dismissal of a state government by the President under Article 356 of the Constitution is open to judicial scrutiny. The apex Court had held that presidential proclamation under Article 356 could be challenged only on the ground that the exercise of power was malafide or based on wholly extraneous and irrelevant grounds.

Any proclamation made under Art. 356 may be revoked or varied by a subsequent Proclamation. The Proclamation issued by the President is required to be laid before each House of Parliament and it ceases to operate after the expiry of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. If approved by Parliament, the Proclamation, remains in force for six months after the parliamentary approval. The duration of the proclamation can be extended for six months at a time and the maximum period is one year.

According to 44th Amendment, a resolution with respect to the continuance in force of a Proclamation under the article for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless a Proclamation of Emergency is in operation at the time of the passing of such resolution and the Election Commission certifies that the continuance in force of the proclamation under the Article during the period specified in such resolution is necessary on account of difficulties in holding elections to the Legislative Assembly of the State concerned.

Under 59th Amendment in Punjab President’s rule can be extended upto three years. Under 64th Amendment President’s rule in Punjab was extended six months more beyond three years. By 68th amendment President’s rule in Punjab can be extended up-to 5 years.

Effects of this Proclamation:
(i) The President can assume to himself all or any of the functions of the State or he may vest all or any of those functions in the Governor or any other executive authority.

(ii) The President can suspend or dissolve the State Legislative Assembly. He may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament. However, Parliament will be competent to confer that power on the President and also authorize him to delegate those powers to anybody he thinks fit.

(iii) The President can make any other incidental or consequential provisions necessary to give effect to the object of the Proclamation.

(iv) If the Lok Sabha is not in session then the President sanctions the expenditure from the consolidated fund of the State.

President’s rule has been promulgated almost 121 times in states since the enforcement of the Constitution. Almost all the States have been, at one time or the other, been put under President’s Rule.

3. Financial Emergency (Art. 360):
If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Art. 360 of the Constitution. Such a Proclamation may be revoked by a subsequent Proclamation. The proclamation has to be laid before each House of Parliament.

It ceases to operate at the expiration of two months unless it is approved earlier by a resolution of both Houses of Parliament. The Proclamation in this case also should be approved by Parliament as in the other two cases of emergency. Like the Proclamation of war-emergency, Financial Emergency also continues for an indefinite period. Fortunately, this kind of Emergency has not been declared so far.

Effects of this Proclamation:
(i) During the Financial emergency, the executive authority of the union shall extend to the giving of directions to any State to observe such canons of financial property as may be specified in the direction or any other directions which the President may deem necessary for this purpose.

(ii) The President can ask a State to reduce salaries and allowances of all or any class of public servants connected with the affairs of a State.

(iii) The President can give direction to a State to reserve all Money Bills for the consideration of the President after they have been passed by the State Legislature.

(iv) The President shall be competent to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union including the judges of the Supreme Court and the High Courts.

Criticism:
Evidently the Constitution gives the President very drastic powers to deal with Emergency. Emergency powers of the President were criticised within and outside the Constituent Assembly. It has been said that these powers are not compatible with democracy. When the provisions relating to Emergency powers were passed, Sh. H. V. Kamath, member of the Constituent Assembly, declared, “ It is a day of shame and sorrow, God save the Indian people.”

Sh. K. T. Shah described Article 359, which empowers the President to suspend the right to seek enforcement of fundamental rights “as the grand final and crowning glory of this chapter of reaction and retrogression.” The power to abrogate fundamental rights of citizens during Emergencies can easily be abused for depriving the people of their liberty and imposing a totalitarian rule on the country.

According to H. V. Kamath, “ There is no parallel to the chapter of Emergency in any Constitution of democratic countries of the world”. He further said,, “I fear that by the single chapter we are seeking to lay the foundation of a totalitarian State, a police State, State completely opposed to all the ideas and principles that we have held aloft during the last few decades, a State where the rights and liberties of millions of innocent men and women will be in continuous jeopardy, a State where if there be peace it will be the peace of the grave and the void of the desert. I only pray to God that He may grant us wisdom, wisdom to avert any such catastrophe, grant us fortitude and courage.”

Another point of criticism is that during Emergency federal structure is changed into unitary one. T. T. Krishnamachari said, “The Constitution of India is designed to work as a federal system in normal times and as a unitary system in war and other emergencies.” Moreover, ruling party at the Centre by using Article 356 can declare President’s rule in a particular State simply because some other party is ruling the State. Article 356 was misused when nine state governments were dismissed on 30th April 1977 and in Feb 1980.

Justification of Emergency Powers. Emergency powers of the President are defended on the ground that Strong Centre is needed for security of the country. V. N. Shukla writes, “ These provisions may appear to be harsh, particularly in a constitution which professes to be built upon an edifice of fundamental rights and democracy. But the provisions may be studied in the light of India’s past history. India has had her inglorious days whenever the Central power was weak.

It is well that the Constitution guards against the forces of disintegration. Events may take place threatening the very existence of the State, together with all that is desired to remain basic and immutable will be swept away.” Country’s security is more important than the federal system. In the words of Dr. Ambedkar, “ It is only the Centre which can work for the common purpose and for the general interest of the country as a whole. Herein lies the justification of giving to the Centre overriding power to be used in the Emergency.”

It is not possible for the President to become a dictator. In India there exists a parliamentary form of Government. The essence of parliamentary form of Government is that the Head of the State is a nominal head. It is the Council of Ministers which is the real executive.

According to 44th Amendment, an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet. In addition a Proclamation of Emergency must be approved by the two Houses of parliament by two-thirds majority within a period of one month. As a further check against the misuse of the emergency powers and to put the right to life and liberty on a secure footing, it is provided in 44th Amendment Act that the power to suspend the right to move the court for the enforcement of a fundamental right cannot be exercised in respect of the fundamental right to life and liberty.

According to 44th Amendment the provisions of Article 19 will become suspended only in the case of a proclamation of Emergency issued on the ground of war or external aggression and not in the case of a Proclamation of Emergency issued on the ground of armed rebellion. Moreover, if the President tries to become a despot, he will be impeached by the Parliament.

Conclusion:
We can conclude safely that it is not possible for the President to become a dictator. No doubt suspension of rights of the citizens is against democratic system but rights of the individual are not more important than the security of the State. To quote K. Santhanam, “The net result of Article 356 is that when there is a proclamation the State Government may come to be temporarily merged with the Government of the Union.

There is no question of autocracy under any circumstances. Only State autonomy may suffer temporarily.” Sh. Amar Nandi rightly remarked that the power conferred on the central executive to meet national emergencies is, so as to say, a loaded gun which can be used both to protect and to destroy the liberty of citizens. The gun must be used, therefore, with extreme caution.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 4.
Discuss the election, powers and functions of the Vice-President of India.
Or
Write a short note on the Vice-President of India.
Answer:
Article 63 of the Constitution lays down that there shall be a Vice-President of India. Like the President of India, the Vice-President is also elected indirectly by the people. Whenever the office of the President falls vacant due to the death, resignation or removal of the President, the Vice-President acts for him. However, he acts for limited period only.

Qualifications:
A candidate for the office of the Vice-President must possess the following qualifications:
1. He should be a citizen of India.

2. He should have completed the age of 35 years.

3. He should be eligible to be elected as a member of the Rajya Sabha.

4. He must not hold any office of profit under any Government—Centre, State of Local. For purposes of this provision, the Constitution lays down that the offices of the President or Vice- President, Governor of a State or Ministers of the Union or State Governments, shall not be considered places of profit.

5. The Vice- President cannot be a member of either House of Parliament or of a State Legislature. If he is a member of either of these Houses at the time when he is elected as Vice- President, his seat in that Legislature is declared vacant from the date he takes over as Vice-President.

6. The name of the candidate for the office of Vice-President must be proposed and seconded by at least 20 electors each.

Election:
The Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The two Houses need not sit together for this purpose. (The Eleventh Amendment).

It is significant to note that in the election of the Vice-President the nominated members of both the Houses have the right to vote while in the election of the President only the elected members of Parliament are eligible to vote. According to the Eleventh Amedment (1961) of the constitution the election of the President or Vice-President is not to be questioned on the ground that there was a vacancy in the Electoral College.

In August 2017. Sh. Venkaiah Naidu candidate of National Democratic Alliance was elected Vice¬President of India. Sh. Venkaiah Naidu defeated United Progressive Alliance candidate Sh. Gopal Krishna Gandhi. Sh. Venkaiah Naidu secured 516 votes while Sh. Gopal Krishna Gandhi secured 244 votes.

Term:
The Vice-President is elected for a term of five years. The period of five years starts from the date on which he enters upon his office. He is eligible for re-election. The Vice-President may resign his office by writing to the President before the expiry of five years. In 1969 when the Acting President V.V. Giri resigned, he addressed his letter of resignation to the President. This he had done on the advice of the Attorney-General. The office of the Vice-President may also fall vacant either on the death of the Vice-President or when he has been removed from office by impeachment.

Removal by Impeachment:
The Vice-President can be removed from office by impeachment. He can be removed from office if a resolution to that effect is passed by the Rajya Sabha by a majority of its then members and if the resolution is approved by the Lok Sabha. Fourteen days’ notice is necessary for moving such a resolution.

Salary:
As Vice-President of India, he gets no salary. The Vice-President is the ex-officio Chairman of the Rajya Sabha and he receives- a salary of Rs. 4,00,000 per month. He is also entitled to the use of offical residence. When the Vice-President acts as President, he has all the privileges, powes and immunities of the President. According to Vice¬President Pension Act, a person who ceases to hold office as Vice-President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,00,000.

Functions:
The duties of the Vice-President are two-fold: 1. He is the ex-officio Chairman of the Rajya Sabha and 2. He acts for the President when the office of the President is vacant. Even when the President is ill or otherwise unable to perform the duties of his office, the Vice-President acts for him.

As Vice-President. In the absence of the President or during casual vacancy in the office of the President, the Vice-President shall perform all the functions of the President. If the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President will discharge his functions until the date on which the President resumes his duties. Under such circumstances:

  1. The Vice-President performs the duties of the President.
  2. The Vice-President has the authority to exercise all the powers concerning the office of the President.
  3. He can remain for a period of 6 months in the office of the President in the case of President’s resignation, death and removal from office. He cannot continue in the office of the President more than this period.
  4. He makes arrangement for the election of the new President within a period of six months. The new President must be elected within this period.
  5. The Vice-President can himself contest for Presidentship of the country.

The office of the Vice-President is next to the office of the President of the country. But the Vice-President has no functions to perform as the President of the country. He has the functions to perform only in the absence of the President. It is only an office of pride and honour.

As Chairman of Rajya Sabha. The Vice-President is the ex-officio Chairman of Rajya Sabha. That means that being the Vice-President of the country he is the Chairman of the Rajya Sabha. He is to perform various functions in this capacity as the Chairman of the Rajya Sabha and they are given as follows:

  1. He presides over the meetings of the Rajya Sabha.
  2. He maintains decorum and decency in the House.
  3. He allots time to the members to speak.
  4. He is not a member of the Rajya Sabha. Therefore, he is not entitled to cast his vote but in case of a tie he makes use of his casting vote.

The Vice-President cannot perside over the meeting of the Rajya Sabha when:

  • He is acting as the President of the country and
  • When the Rajya Sabha is considering charges against him.

Position of the Vice-President:
The office of the Vice-President is not of any great importance. No doubt his office is next to the office of the President of India but he does not exercise any powers. The American Vice-President enjoys the remaining tenure of the President in case of President’s death or resignation or removal but in India under such circumstances the Vice-President works only as the acting President till the newly elected President joins.

As acting President the Vice-President will enjoy all the privileges and powers of the President. When a vacancy is caused, new President is to be elected within 6 months. The office of the Vice-President is not of great importance. But we will have to admit this that much depends upon the personality of the person who becomes the Vice-President. A person with a wonderful personality can become a very useful part of administration.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 5.
What do you know of the composition, powers and functions of the Union Council of Ministers?
Answer:
The Constitution of India provides for parliamentary government in the country. At the Centre as well as in the States there is parliamentary government. The President is only the nominal head of the State. He exercises his powers on the advice of the Council of Ministers. It is written in the Constitution that there will be a Council of Ministers headed by the Prime Minister to aid and advise the President. In fact all the powers of the President are actually exercised by the ministers. The Council of Ministers takes decisions and the President can give them a piece of advice. The ministers run the administration according to their sweet will. It is why the parliamentary system of Government is called the Cabinet Government.

Composition:
The only provision made in the constitution for the formation of the Council of Ministers is that the President appoints the Prime Minister and the other ministers are appointed by him with the consultation of the latter. But the fact is that the President does not appoint, the Prime Minister of his own sweet will. Normally the leader of the majority party in the Lok Sabha is made the Prime Minister and all other ministers are appointed by the President on the recommendation of the Prime Minister. The President cannot make any change in the list of ministers.

It is again the Prime Minister who distributes portfolios among the ministers. The ministers are taken out of the members of the legislature. If any outsider is appointed a minister, he must become the member of the legislature within 6 months. In Feb. 1988, Prime Minister Rajiv Gandhi reorganized his Council of Ministers and there were 60 members in the Council of Ministers. In the Constitution, 91st Amendment Act provides that the total number of ministers including the Prime Minister, shall not exceed 15% of the total number of members of the Lok Sabha.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 6

In May 2019, there were 57 members in the Council of Ministers. It included 24 cabinet ministers, 24 ministers of state and 9 ministers having independent charge.

Term of Office:
It is written in the Constitution that the ministers will remain in the office during the pleasure of the President, It means that the President can remove the ministers from office whenever he likes. But it is not so. If the majority of the members of the Lok Sabha supports the Council of Ministers, it will continue to remain in office and the President cannot remove it. The ministers remain in office so far as they enjoy the confidence of the members of the Lok Sabha.

Salary:
The Constitution of India lays down that the salaries, allowances, etc. of the ministers shall be decided by the Parliament. The ministers are entitled to a salary, daily allowances and constituency allowances at the same rate as the members of Parliament.

Powers and Functions Of The Cabinet:
The Cabinet is the real ruler of the country. All the executive authority of the President is exercised by the cabinet. Following are the powers and functions of the Cabinet:

1. Determination of National Policy:
The polity of the nation is formulated by the Cabinet. After taking office the Cabinet is to formulate its internal and external policy according to which it is to run the administration of the State. It is the Government which is responsible for internal peace and order, and freedom from external aggression and better living of the people of the country. It has, therefore, to formulate policies in a way that they are helpful for the people of the country at large.

2. Control over Administration:
The administration of the country is to be run by the ministers. Every member of the Council of Ministers has one or more departments under his charge and he has to look after its working and administration. No doubt, it is the civil servants who carry on the administration but this administration has to be within the framework of the policies laid down by the Council of Ministers. Departmental administration has to be run by the civil servants but it is the minister who is responsible for the smooth running of the administration.

3. Foreign Relations:
It is the function of the Cabinet to maintain relations with other countries. These relations are established according to the policies laid down by the Cabinet. The ambassadors to foreign countries are appointed on the advice of the cabinet. The correspondence with other countries is done of course in the name of the President but actually it is the Cabinet who performs this function. It is the Cabinet which enters into treaties with other countries.

4. Legislative Powers: In a Parliamentary Government there is a close relationship between the Cabinet and the legislature. It enjoys many legislative powers.

  1. The ministers are taken from among the members of the Parliament and they have a big share in law-making.
  2. The President convenes the meetings of the Parliament on the advice of the Council of Ministers.
  3. The Cabinet prepares the programme of the session.
  4. The ministers introduce the bills in the House and see them through. Most of the bills in a Parliamentary Government are introduced in the Parliament by the ministers. They explain the policy and the purpose of the bills to the Parliament.
  5. Laws in the Parliament are framed in accordance with the wishes of the Cabinet. As the ministers belong to the majority party so they are sure of the support of the members to their bills.
  6. The President issues ordinances on the advice of the ministers.

5. Financial Powers: The Cabinet enjoys many financial powers:

  1. The budget is prepared by the Finance Minister in consultation with other ministers.
  2. It is the ministers who suggest an increase, decrease or abolition in the taxes. Money bills can only be introduced by the ministers.

6. Appointments:
Important appointments are made only on the advice of the ministers. For example, the appointments of Governors, Ambassadors and members of the Union Public Service Commission are made on the recommendations of the ministers.

7. Administrative Justice:
The ministers also exercise judicial powers. They are to decide many administrative matters. They are to give a decision in administrative matters and decisions of the ministers are final. While deciding cases the ministers have the right to adopt judicial methods like all other courts.

Conclusion:
The above mentioned powers and functions of the Cabinet clearly explain that the administration of the State is run according to the wishes of the Cabinet. It can run the administration in a way it likes. It is rightly said that the ‘Cabinet is the steering wheel of the ship of the State’. It is said that the British Cabinet has become the virtual dictator, the State and the Parliament have become subservient to it.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 6.
Distinguish between the Cabinet and the Council of Ministers.
Answer:
There are some differences between the Cabinet and the Council of Ministers. This distinction must be clarified. The Cabinet is a part of the Council of Ministers and the real authority is enjoyed by it.

Council of Ministers:
The Council of Ministers consists of the following types of ministers:
1. Cabinet Ministers:
These are the most important ministers. They control the important departments of administration. They frame policies and decide all other important matters, They are generally 25 to 30 in number. It is these ministers who form the Cabinet. All the powers of the Council of Ministers are exercised according to the wishes of the Cabinet.

2. State Ministers:
The State Ministers also head some departments. But they are not entitled to participate in the meetings of the Cabinet. They can be invited to attend the meetings of the Cabinet when some special issue or the issue concerning their department is to be discussed.

3. Deputy Ministers: The Deputy Ministers are appointed to assist the Cabinet ministers and the State ministers in the performance of their functions. The Deputy Minister is not the head of any department. The Deputy Ministers are appointed almost in each department.

4. Parliament Secretaries:
The Parliamentary Secretaries are not minister and they are not members of the Council of Ministers. Parliamentary Secretaries are not appointed by the President. They are appointed by the Prime Minister. They have no independent powers or functions. They assist the ministers to whom they are attached to do their parliamentary work. They have no control over the administrative departments. They are, infact, probationers under training and may hope to rise to higher ranks if they make good.

5. Deputy Prime Minister:
Neither the Constitution nor any of the Union laws provide for the office of the Deputy Prime Minister. It is the sole discretion of the Prime Minister to bestow the rank and the status of Deputy Prime Minister on any number of members of the Cabinet. Sardar Vallabh Bhai Patel was given the status and rank of Deputy Prime Minister in the Council of Minister headed by Late Pt. Jawaharlal Nehru.

Similarly in the Cabinet headed by Late Mrs. Indira Gandhi, Mr. Morarji Desai was ranked as Deputy Prime Minister of the country. The rank and status’of Deputy Prime Minister was conferred on Sarvashri Charan Singh and Jagjivan Ram in the Council of Ministers headed by Sh. Morarji Desai.

In the Ministery headed by Sh. V.P. Singh, Ch. Devi Lai was sworn in as the Deputy Prime Minister of the country. In June, 2002, Mr. Lai Krishan Adwani sworn in as the Deputy Prime Minister of India in the ministry of Mr. Atal Behari Vajpayee. The office of the Deputy Prime Minister carries neither special responsibilites nor special privileges.

The Council of Ministers consists different types of ministers. Their number is near about 65. But the Cabinet consists of only the Cabinet ministers and all important decisions are taken by them. Whatever decisions are taken by the Cabinet all the ministers are to abide by them. All the members of the Council of Ministers are to carry out those decisions.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 7.
What are the main features of the Cabinet System in India?
Answer:
In India the parliamentary system of government has been adopted. The Council of Ministers exercises all the powers of the President. It performs its functions on the basis of the following principles:

1. President a Constitutional Head:
The first important feature of the parliamentary system of government is that the Head of State enjoys only nominal powers. The entire administration of the State is run in the name of the President but in reality it is the Cabinet which is responsible for running the administration of the State. The President takes all the decisions on the advice of the Prime Minister.

The Prime Minister is the head of the government whereas the President is the head of the State. The President cannot participate in the meetings of the Cabinet and he is kept out of the Cabinet. The President appoints the Prime Minister, but he must appoint the leader of the majority party as the Prime Minister of India. He does not interfere in the formation, meetings and the decisions of the Cabinet.

2. Close relationship between the Cabinet and Parliament:
There is a very close relationship between the Cabinet and the Parliament. The Cabinet is formed from among the members of the Parliament. If any outsider is appointed a minister he must become the member of the Parliament within six months otherwise he will have to quit the office.

3. Leadership of the Cabinet:
The Cabinet performs its functions under the control and guidance of the Prime Minister. The appointments of the ministers are made by the President on the advice of the Prime Minister. The Prime Minister presides over the meetings of the Cabinet. He can remove any minister from office. He also co-ordinates the working of the ministry.

4. Political Homogeneity:
The members of the Cabinet hold the same view point because they belong to the same political party. The Cabinet works like a unit. Therefore, all the members of the. Cabinet must agree with one another. If the ministers are taken from different political parties, they will never agree over policy matters because each political party would like to implement its own policy. It is very necessary that the ministers should be taken from the same party so that administration could be run smoothly.

5. Cabinet works as a Team:
The Cabinet works as a team. The members of the Cabinet swim and sink together. They perform their functions in consultation with one another. All the ministers are individually as well as collectively responsibly for their work. No-confidence motion against a particular minister means a no-confidence motion against the entire ministry and the entire ministry is to resign. The resignation of the Prime Minister means the resignation of the entire ministry. All the ministers are to abide by the decisions taken by the Cabinet. All the ministers remain in office or lose office together.

6. Leadership of the Prime Minister:
Indian Cabinet works under the leadership of the Prime Minister. According to Art. 74, there shall be a Council of Ministers with the Prime Minister at its head to aid and advise the President in the exercise of his functions. Ministers are appointed by the President on the advice of the Prime Minister. Portfolios are distributed by the Prime Minister and he has the power to change the portfolios of the ministers.

He presides over the meetings of the Cabinet. In case of disagreement between a minister and the Prime Minister, the minister will have to resign. No person can remain in the Cabinet against the wishes of the Prime Minister. The resignation of the Prime Minister means the resignation of the whole Council of Ministers.

7. Prime Minister’s right to get the Lok Sabha dissolved:
Another feature of the Indian Cabinet system is that the Prime Minister can advise the president to dissolve the Lok Sabha. On Feb. 6, 2004 the President Dr. A.P.J. Adbul Kalam dissolved the Lok Sabha on the advice of the Prime Minister Atal Behari Vajpayee.

8. Secrecy:
Cabinet keeps the proceedings of its meetings absolutely secret. No minister can convey to anybody the decisions taken by the ministry and the discussion which took place while taking the decisions. The decisions can be announced by the concerned minister at the proper time.

9. Ministerial Responsibility:
The ministers cannot exercise their powers in an arbitrary manner. They are responsible for their actions and policies to the legistature. The members of the Parliament can ask them questions and supplementary questions and they are to answer them on the floor of the House. In case, the Parliament loses confidence in the ministers, they will have to resign. The Parliament can indicate its lack of no-confidence over the ministry by passing a no-confidence resolution. Even if the Parliament passes a no-confidence motion against one minister the entire ministry is to resign.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 8.
How is the Prime Minister appointed? Discuss his powers and functions.
Or
Discuss the position of the Prime Minister.
Answer:
The Prime Minister is the most important and powerful functionary of the State. He can be called the ruler of the State. The Prime Minister is the head of the Council of Ministers and all the powers of the President are actually exercisd by the Prime Minister. He can rule the country in a way which he thinks the best. He is the architect of the fate of State. The Government can do nothing against his will.

Appointment:
The Prime Minister is appointed by the President but while doing so the President is not having a free hand. Only that person can be appointed to the office of Prime Minister who is the leader of majority party in the Lok Sabha. After the general election the President invites the leader of the party which has gained majority in the Lok Sabha to form the Government.

In Dec. 1984, Mr. Rajiv Gandhi was appointed Prime Minister because he was the leader of the majority party (Congress I) in the Lok Sabha. If no political party gets an absolute majority in the Lok Sabha even then the President is not free to appoint anybody the Prime Minister. Under such circumstances only that person will be invited to form the Government who can seek the co-operation of the majority of members in the Lok Sabha.

After the 17th Lok Sabha election held in April-May, 2019, Sh Narender Modi was appointed as the Prime Minister.
Term of Office. The Prime Minister does not have a fixed tenure of offfice. He remains in office so long as he enjoys the support of the majority party. If the majority of members of the Lok Sabha loses confidence in the Prime Minister, he is to resign the office. On 11th April, 1997 Prime Minister H.D. Deve Gowda resigned because his resolution of vote of confidence was rejected by the majority members of the Lok Sabha.

Salary and Allowances. The Prime Minister gets the same salary and allowances which are paid to members of Parliament. He also receives a constituency allowance like other M.Ps. He is also entitled to free official residence, free travels, medical facilities, etc.

Powers And Functions Of The Prime Minister:
The Prime Minister enjoys vast powers which have made his office very important and powerful. His powers and functions are given as follows:
1. Prime Minisiter and the Cabinet:
The Prime Minister is the maker of the Cabinet. The Cabinet has no existence without the Prime Minister. He can make or unmake a Cabinet. The Cabinet performs all its functions under the control and guidance of the Prime Minister. Therefore, he is called “the keystone of the Cabinet arch” or “shining moon among the stars”. He enjoys the following powers in connection with the Cabinet:

(i) Formation of the Council of Ministers:
His first duty after assuming office is the formation of the Council of Ministers. He prepares a list of ministers according to his sweet will. He has a free hand in the selection of ministers. Nobody can be appointed a minister against the wishes of the Prime Minister. Number of Council of Ministers depends upon him. In the Constitution, 91st Amendment Act provides that the total number of ministers including the Prime Minister, shall not exceed 15% of the total number of members of the Lok Sabha. In May 2019, there were 57 members in the Council of Ministers.

(ii) Distribution of Portfolios:
The Prime Minitser distributes work among the ministers. He decides what department is to be allotted to a particular . minister. He controls the working of the departments of his ministers. If the Prime Minister is not satisfied with the working of a department, he can change the department of that minister. He distributes particular departments to ministers in such a way that they can run the departments quite efficiently. He also co-ordinates the working of different departments.

(iii) Removal of the Minister:
The ministers remain in office during the pleasure of the Prime Minister. If the Prime Minister is not satisfied with the working of a minister or the minister does nto run the department in accordance with wishes of the Prime Minister, he can ask him to quit the office and can appoint someone else in his place. In June, 1978 Prime Minister Morarji Desai asked Home Minister Char an Singh and Mr. Raj Narayan to resign from the cabinet and Mr. Charan Singh and Raj Narayan submitted their resignations.

On 1st August, 1990 the Prime Minitser V.P. Singh sacked his Deputy Prime Minister, Mr. Devi Lai, from the Council of Ministers. On April 20, 1998 Prime Minister Vajpayee sacked Communication Minister Buta Singh because he refused to resign. The Prime Minister can make changes in the Cabinet whenever he likes. With the resignation of the Prime Minister the entire ministry falls.

(iv) Leadership of the Cabinet:
The Prime Minister is the leader of the Cabinet. The Cabinet functions under the conrol of the Prime Minister. He can call the meetings of Cabinet whenever he likes. The Prime Minister prepares the agenda of the meeting as well as controls it. He presides over the Cabinet meetings. All the decisions in Cabinet meetings are taken according to the wishes of the council of ministers.

2. Link between the President and the Cabinet:
The Prime Minister is the link between the President and the Cabinet. It is the duty of the Prime Minister to convey the decisions of the Cabinet to the President. No minister can discuss a particular problem with the President without the permission of the Prime Minister. The President can demand information from the Prime Minister regarding the working of administration. The Cabinet can discuss any issue with the President only through the Prime Minister.

3. Leadership of the Cabinet in the Parliament:
The Prime Minister leads the Cabinet in the Parliament. The ministers answer the questions put to them by the members of the Parliament. Whenever a minister is in difficulty, the Prime Minister helps him. The Prime Minster explains the policy and decisions of the Cabinet to the Parliament. All important statements on behalf of the Cabinet are made by the Prime Minister in the Parliament.

4. Principal adviser of the President:
The Prime Minister is the chief adviser of the President. The President seeks the advice of the Prime Minister in all matters of the state. The Prime Minister informs the President regarding all the decisions taken by the Cabinet. If the President requires any information regarding the administration of any department, he would demand such an information from the Prime Minister.

5. Appointments:
All the important appointments in the State are made.by the Prime Minister. The President makes appointments of the State Governors, Ambassadors and members of the Union Pubilc Service Cmmission only on the advice of the Prime Minister. The President cannot make any such appointment of his own accord.

6. Leader of the Parliament:
The Prime Minister is also the leader of the House. Out of the two Houses the position of Lok Sabha is of great importance and the Prime Minister is the leader of the Lok Sabha. The Parliament always depends upon the policy and guidance of the Prime Minister for facing any problem. All the important decisions in the Parliament are taken according to the wishes of the Prime Minister. He can get any law passed by the parliament because he is the leader of the majority party. He can get the Lok Sabha dissolved.

7. Leader of Nation:
The Prime Minister is also the leader of the nation. The President is the head of the State and the Prime Minister is the head of the Government. Gveneral election means the election of the Prime Minister. Each poiltical party has its leader already and the people vote for the party whose leader they want to see as the Prime Minister of the country. During emergency the people have always high hopes on the Prime Minister and they always act upon his advice. His office has become more important for his being the leader of the nation. He is always supported by public and with the help of the public he can do things which he likes.

Position of the Prime Minister:
An analysis of the powers of the Prime Minister proves that “he is the pivot of the whole system of government.” He occupies a position of exceptional authority. K.T. Shah observed in the Constituent Assembly, “This Constitution concentrates so much power and influence in the hands of the Prime Minister that there is every danger to apprehend that the Prime Minister may become a dictator if he chooses to do so.” N.V. Gadgil, former Governor of Punjab said, “The Prime Minister is invested with formidable power and influence unless he be a genuine democrat by nature, he is very likely to become a dictator.”

In the words of Nehru, ‘The Prime Minister is the linchpin of the government.” While the President is the nominal head, the Prime Minister is the real head. The powers of the President are in reality exercised by the Council of Ministers, But the Prime Minister is the head of the Council of Ministers. Without him, the ministers have no entity. To quote Laski, ‘The Prime Minister is central to the formation of the Council of Ministes, central to its birth and central to its death.” For his appointment, he is not dependent upon the favour of the President.

It is his right to form the Council of Ministers because he commands the confidence of the Lok Sabha. In the words of A.C. Dash, “The Indian Prime Minister like the German Chancellor is superior to the entire Cabinet, for under the Constitution he is declared to be the head of Council of Ministers and all other Ministers are appointed and probably will be dismissed on his advice.” The Prime Minister forms the Cabinet and he is its life breath.

He is the leader of the Parliament and the nation and the principal adviser of the President. The decisions of the Cabinet are virtually the decisions of the Prime Minister. There is hardly any elected functionary in the world comparable to the Prime Minister of India. Backed by a stable and substantial majority in the Lok Sabha, he is more powerful than even the President of the United States of America.

However, the Prime Minister’s supremacy is not due entirely to the powers which belong to his office. Much depends upon his personality. If he is a man of dynamic prsonality he will be able to dominate the political scene. A fickle minded person will never be able to impress. Ideally, the Prime Minister should have a personality which earns him not only the loyalty of his own party but also a measure of considerable respect from the opposition.

Mr. Nehru who held the office of the Prime Minister nearly eighteen years, possessed an unparalleld personality. He was an institution. In the words of Norman D. Palmer, “Important and able men have held ministerial posts but with the exception of Vallabhbhai Patel, who served as Deputy Prime Minister until his death in 1950, no one has really shared Nehru’s authority.” Prime Minister Lai Bahadur Shastri gave his country brilliant leadership in terms of war and peace and gave up his life in quest for peace. He served his country with his life.

He did not possess the external symbols of greatness yet he rose to great heights. Though short in stature there was more iron in his soul than appeared on the surface. The manner in which Morarji Desai was relieved of the Finance Department by Prime Minister Indira Gandhi, highlights the fact that not even the ‘tallest’ among the Prime Minister’s colleagues can measure upto the stature of the Prime Minister. After the election of 1971 and 1980, Prime Minister Indira Gandhi was considered the source of all power. According to Ashok Mehta, “Our Cabinet form of Government has come to a near Presidential regime.”

According to Frank Morris, “Mrs. Gandhi was not only the undisputed leader of the Congress Party, but it was her party and she could dominate it in a way which none else had done. She was free to choose her colleagues who were her agents or assistants and in her presence trembled and obeyed.” In the words of Greame C. Moodie, “For many the Prime Minister is the part of the government and at times, may become the personification of the political nation.” Mr. Rajiv Gandhi was very powerful because like Mrs. Indira Gandhi he was also the president of the Congress (I).

The position of the Prime Minister also depends upon the support of his party. Without his party he is nothing. He must maintain close contact with party opinion. His aloofness, reserve and indifference militates against sound leadership. He must rely on co-operation, not coercion. He is to lead the party and not drive it. The manner in which Pt. Nehru had to bow before the party demand on the removal of Mr. Krishna Menon in 1962 proves that there are limits beyond which the Prime Minister cannot carry the party.

To conclude, powerful as he may be, no particular Prime Minister is indispensable, irremovable, or omnipotent. “He is not Caesar, he is not an unchangeable oracle, his views are not dooms; he is always on suffrance and its germs are whether he can render indubitably useful services. At any time a rival may supplant him.” The essence of the powers of the Prime Minister lies in a united Cabinet, a united Parliament and united people.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Short Answer Type Questions 

Question 1.
How is the President of India elected?
Answer:
The President is the head of the state. He is elected indirectly by an electoral college. Elected members of both the Houses of Parliament and elected members of legislative assemblies of the States constitute the electoral college. The nominated members of the Parliament and the assemblies do not take part in the election. The voting is held on’ the basis of proportional representation by the single transferable vote system. Only an Indian citizen, who has attained the age of 35 years, and whose name has been proposed and seconded by a definite number of the electors, can contest election.

Question 2.
Explain in brief the composition of the Electoral College constituted for the election of the President.
Answer:
According to Article 54 of Indian Constitution, the President shall be elected indirectly by an electoral college consisting of the elected members of the union and state legislatures in accordance with the principle of proportional representation with single transferable vote system.

Question 3.
Describe the formula by which the value of the vote of the members of State Legislative Assembly is determined.
Answer:
Article 55 (4) of the Constitution lays down the procedure of determining the votes of the members of the State Assembly, which is as follows:
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 7
If the remainder is less than 500, it is ignored.
If it is more than 500, then the vote of each member shall be further increased by one.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 4.
Describe the procedure of determining the value of votes of the members of the Parliament.
Answer:
The constitution lays down the following procedure of determining the votes of the members of Parliament.
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 8
Fraction exceeding one-half being counted as one.

Question 5.
Describe the tenure of the President.
Or
Discuss in brief the removal of the President.
Answer:
The President is elected for a period of five years. But he can be removed from his office before the expiry date. The President can be removed from office by impeachment only. The Constitution lays down a detailed procedure for the impeachment of the President. He can be impeached “for violation of the Constitution.” When a President is to be impeached for the violation of the Constitution, the charges can be prepared by either House of the Parliament.

But no such charge is to be preferred unless the proposal to prefer such a charge is contained in a resolution which has been moved after at least 14 days notice in writing signed by not less than one-fourth of the total number of members of the House. The resolution must be passed by a two-thirds majority of the total number of members of the House. If passed by the requisite majority in one house, it is sent to the other House for investigation. If the other House also passes the resolution by a two- thirds majority of the total membership of this House, then it means the charge is proved and the President is removed from his office.

Question 6.
Describe the method of fixing the quota for the election of the President.
Answer:
Under the system of Proportional Representation, a candidate to be elected must secure the necessary quota of votes. The quota is determined by the following formula:
PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister 9
Suppose the total number of valid votes polled at the Presidential election is 8,00,000. Applying the above-mentioned formula, the quota shall be
\(\frac {8,00,000}{1+1}\) +1 = 4,00,001

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 7.
Describe the salary and allowances of the President.
Answer:
The President of India gets a salary of Rs. 5,00,000 per month and an official residence (called Rashtrapati Bhavan in New Delhi) free of rent. In addition to the salary, the President also gets handsome allowances of various kinds as determined by Parliament. According to the President’s Pension Act, a person who ceases to hold office as President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,50,000. The Government may also allow him a free medical aid as was done in the case of Dr. Rajendra Prasad.

The salary and other allowances of the President are charged on the Consolidated Fund of India. According to Art. 59 (4), the emoluments and allowances of the President shall not be diminished during his term of office.

Question 8.
Describe any four executive powers of the President.
Answer:
Following are the executive powers of the President:

  1. All executive functions of the Union (central) government are performed in the name of the President.
  2. He appoints the Governors, Chief Justice and other judges of the Supreme Court and the High Courts.
  3. He appoints the Attorney General of India and the members and Chairman of the Union Public Service Commission.
  4. He is the supreme commander of the armed forces.

Question 9.
Mention four legislative powers of the President.
Answer:
Following are the legislative powers of the President:

  1. He can address both the Houses of the Parliament and can send messages to either house at any time.
  2. He can summon any House of the Parliament at any time.
  3. He can dissolve the Lok Sabha.
  4. He nominates two members of the Anglo-Indian community to the Lok Sabha.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 10.
Describe financial powers of the President.
Answer:

  1. It is the duty of the President to place the Budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the
  2. Finance Minister on behalf of the President.
  3. Money Bill can only be introduced in the Parliament on the recommendation of the President.
  4. The President has full control over the contingency fund and he can spend it according to his sweet will. He distributes the share of income tax among the States.

Question 11.
Describe judicial powers of the President.
Answer:
The President has some judicial powers also. It is provided by Article 122 of the Constitution.

  • The President appoints the judges and the chief justices to the Supreme Court and the State High Courts.
  • The President cannot be sued in any court of India in connection with any matter concerning his office.
  • He has power to pardon, reprieve and commute punishment.
  • The President can seek the advice of the supreme court of India over any legal matter or a bill of Republic Importance.

Question 12.
What do you know about the emergency powers of the President?
Ans.
The President can declare emergency in three special circumstances :
1. If the President thinks that the security of the country is threatened by a war or external aggression or armed rebellion threatening the integrity of India, he can declare an emergency for the whole of India or any part of it. But the advice should come from the Council of Ministers in writing.

2. In case of the failure of the constitutional machinery in a state or states, the President can take over the entire work of the executive and dissolve or suspend the state assembly.

3. If the President thinks that there is an economic situation in which the financial stability or the credit of India is threatened, he can declare a financial emergency.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 13.
Discuss about the power of the President to issue an ordinance.
Answer:
During the intervals of the sessions of the Parliament he can issue ordinance. These ordinances have the force of laws. The ordinance is put before the Parliament as soon as it meets. The Parliament has the authority to reject the ordinance. It can be withdrawn by the President also. If it is neither rejected by the Parliament nor withdrawn by the President, it will automatically end six weeks after the first meeting of the Parliament.

Question 14.
Discuss in brief about various emergencies provided in the Constitution of India.
Answer:
There are three types of emergencies provided into the Constitution of India. These are:

  • National Emergency (Article 352) or Emergency arising out of external aggression or armed rebellion.
  • Emergency arising out of the failure of constitutional machinery in a state (Art. 356).
  • Financial Emergency (Art. 360).

Question 15.
What do you understand by National Emergency?
Answer:
According to Art. 352, if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency. But the President can declare such type of emergency if the cabinet decision that such a proclamation may be made has been communicated to him in writing.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 16.
Under which condition the Constitutional Emergency is imposed?
Answer:
According to article 356, if the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.

Question 17.
What is the Financial Emergency?
Answer:
According to Article 360, if the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Article 360 of the constitution. Such a Proclamation may be revoked by a subsequent Proclamation. The Proclamation has to be laid before each House of-Parliament.

It ceases to operate at the expiration of two months unless it is approved earlier by a resolution of both the Houses of Parliament. The Proclamation in this cases should also be approved by Parliament as in the other two cases of emergency. Like the Proclamation of war-emergency, Financial Emergency also continues for an indefinite period. Fortunately, this kind of Emergency has not been declared, so far.

Question 18.
Describe any four points of criticism against the emergency powers of the President.
Answer:
Different persons criticised the emergency powers of the President on different grounds. Following are the points of criticisms against the emergency powers of the President:’

  • Possibility of misuse of emergency powers.
  • Emergency powers are undemocratic.
  • Emergency proclamation is beyond judicial control.
  • Emergency powers can crush the rights and liberties of the individuals.

Question 19.
Describe the justification of emergency powers.
Answer:

  • Historical experiences reveal that emergency powers are necessary to face national crisis.
  • National security is more important than that of the individual liberty.
  • It is the responsibility of the centre to maintain the unity and integrity of the nation.
  • President is a constitutional head.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 20.
Is it possible for the President of India to be a dictator?
Answer:
Emergency powers of the President indicate that he can be a dictator. But it is not possible for the President to become a dictator because:

  1. In India there exists a Parliamentary form of Government. In this system the President is a constitutional head and his role is nominal.
  2. According to 44th Amendment an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet and the advice of the council of ministers is binding on the President.
  3. If President tries to misuse his powers, he can be removed by impeachment.
  4. President’s rule can’t be imposed at the Centre level.

Question 21.
Describe the election method of the Vice-President of India.
Answer:
The Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The two Houses need not sit together for this purpose.

It is significant to note that in the election of the Vice-President the nominated members of both the Houses have the right to vote while in the election of the President only the elected members of Parliament are eligible to vote.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 22.
Describe in brief the functions of the Vice-President.
Answer:
The duties of the Vice-President are two-fold:1. He is the ex-officio Chairman of the Rajya Sabha and 2. he acts for the President when the office of the President is vacant. Even when the President is ill or otherwise unable to perform the duties of his office, the Vice-President acts for him.

As Vice-President. In the absence of the President or during casual vacancy in the office of the President, the Vice-President shall perform all the functions of the President. If the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President will discharge his functions until the date on which the President resumes his duties.

As Chairman of Rajya Sabha. The Vice-president is the ex-officio Chairman of Rajya Sabha, that means that by being the Vice-President of the country, he is the Chairman of the Rajya Sabha. He is to perform various functions in his capacity as the Chairman of the Rajya Sabha and they are given as follows:

  • He presides over the meetings of the Rajya Sabha.
  • He maintains decorum and decency in the House.
  • He allots time to the members to speak.

Question 23.
Describe any four qualifications to become a member of Union Council of Ministers.
Answer:

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

Question 24.
How is the Council of Ministers at the centre formed?
Answer:
After the general elections the various parties in the Parliament elect their leaders. The President invites the leader of the majority party and appoints him the Prime Minister. The Prime Minister selects other ministers and sends their names to the President. The President appoints them as ministers. He cannot make any change in the list given to him by the Prime Minister. It might happen that no party has a majority in the Lok Sabha. In such a situation the President invites the leader of the coalition of many parties and appoints him Prime Minister.

The Prime Minister and other ministers have to take oath of loyalty to the Constitution before they assume office.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 25.
Give four features of the Cabinet System in India.
Ans.
1. Nominal Head of the State:
The first important feature of the Cabinet system in India is that the President enjoys only nominal powers. The President is a constitutional head of the State.

2. Close Relations Between the Executive and the Legislature:
There is a close relationship between the Cabinet and the Parliament. All the ministers are members of one or the other house of Parliament. They attend the meetings of Parliament, participate in debates and move the bills in the Parliament.

3. Leadership of the Prime Minister:
The Cabinet works under the control and guidance of the Prime Minister. He is the head of the Council of Ministers. He presides over the meetings of the Cabinet and determines the agenda of the meetings.

4. Collective Responsibility:
The Indian Cabinet is responsible to the Lok Sabha. It remains in office so long as it enjoys the confidence of the Lok Sabha. The moment it loses the majority of the members in the house, it has to quit office.

Question 26.
Distinguish between the Cabinet and the Council of Ministers.
Ans.

  1. In the Constitution the words ‘Council of Ministers’ are used and not the word ‘Cabinet’.
  2. The Cabinet is a part of the Council of Ministers. The Council of Ministers consist of all types of ministers. Their number is about 70. But the cabinet consists of only the cabinet ministers. The cabinet consists of about 25 members.
  3. Cabinet is more important than the Council of Ministers. All decisions of the cabinet are to be carried out by the members of the Council of Ministers.
  4. The cabinet ministers get higher salaries than other ministers.

Question 27.
Discuss various types of Ministers in Union Council of Ministers.
Answer:
The Council of Ministers consists of all the ministers. There are four categories of ministers in-India :
1. Cabinet Ministers:
These are the most important ministers. They control the important departments of administration. They frame policies and decide all other important matters. They are generally 20 to 25 in number. It is these ministers who form the Cabinet. All the powers of the Council of Ministers are exercised according to the wishes of the Cabinet.

2. State Ministers:
The state ministers are also head of some departments. But they are not entitled to participate in the meetings of the Cabinet. They can be invited to attend the meetings of the Cabinet when some special issue or the issue concerning their departments is to be discussed.

3. Deputy Ministers:
The Deputy Ministers are appointed to assist the Cabinet ministers and the State ministers in the performance of their functions. A Deputy Minister is not the head of any department. The Deputy Ministers are appointed almost in each department.

4. Parliament Secretaries: Parliament Secretaries are appointed to assist the ministers in the Parliament. They are not the ministers.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 28.
Discuss any four functions of Council of Ministers.
Ans.
1. Determination of National Policy:
The policy of the Nation is formulated by the Cabinet. After taking office, the Cabinet is to formulate its internal and external policy according to which it is to run the administration of the State.

2. Control over Administration:
The administration of the country is to be run by the ministers. Every member of the Council of Ministers has one or more departments under his charge and he has to look after its working and administration.

3. Foreign Relations:
It is the function of the Cabinet to maintain relations with other countries. These relations are established according to the policies laid down by the Cabinet.

4. Cabinet give a decision in administrative matters.

Question 29.
How is the Prime Minister of India appointed?
Answer:
The President appoints the Prime Minister. He invites the leader of the majority party in the Lok Sabha and appoints him the Prime Minister. If no single party has a majority, many parties may form a coalition to make a majority and elect a leader. Then the leader of the coalition will be appointed as the Prime Minister. After 17th Lok Sabha election in April-May 2019, President appointed Sh. Narender Modi, leader of the National Democratic Alliance as Prime Minister.

Question 30.
What are the functions of Prime Minister?
Answer:
The Prime Minister enjoys vast powers which have made his office very important and powerful. His powers and functions are as ahead:

  1. The first function of the Prime Minister is the formation of Council of Ministers. He has a free hand in the selection of ministers. Number of Council of Ministers depends upon him.
  2. The Prime Minister distributes portfolios among the ministers.
  3. The ministers remain in office during the pleasure of the Prime Minister. The Prime Minister can make changes in the Council of Ministers whenever he likes.
  4. Prime Minister is the leader of the Cabinet. The Cabinet functions under the control of the Prime Minister.

Question 31.
Write down the names of present President, Vice-President and Prime Minister of India.
Answer:
Name of Post – Name of Person

  • President – Sh. Ram Nath Kovind
  • Vice President – Sh. Venkaiah Naidu
  • Prime Minister – Sh. Narendra Modi

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 32.
Write down the salary of President and Vice-President.
Answer:
Name of Post – Salary (Monthly)

  • President – Rs. 5,00,000
  • Vice-President – Rs. 4,00,000

Very Short Type Questions

Question 1.
How is the President of India elected?
Answer:
The President is elected indirectly by an electoral college. Elected members of both the Houses of Parliament and elected members of legislative assemblies of the States constitute the electoral college. The voting is held on the basis of proportional representation by the single transferable vote system.

Question 2.
Describe the tenure of the President.
Answer:
The President is elected for a period of five years. But he can be removed from his office before the expiry date. The President can be removed from office by impeachment only. The Constitution lays down a detailed procedure for the impeachment of the President. He can be impeached “for violation of the Constitution.”

Question 3.
Describe the salary and allowances of the President.
Answer:
The President of India gets a salary of Rs. 5,00,000 per month. According to the President’s Pension Act, a person who ceases to hold office as President, either by expiration of his term of office or by resignation, is entitled to a monthly pension of Rs. 2,50,000.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 4.
Write any two privileges of the President.
Answer:

  • The President of India is not answerable to any court for the exercise of his constitutional rights and powers.
  • No criminal proceeding can be launched against him during his term.

Question 5.
Describe any two executive powers of the President.
Answer:
Following are the executive powers of the President:

  • All executive functions of the Union (central) government are performed in the name of the President.
  • He appoints the Governors, Chief Justice and other judges of the Supreme Court and the High Courts.

Question 6.
Mention two legislative powers of the President.
Answer:
Following are the legislative powers of the President:

  • He can address both the Houses of the Parliament and can send messages to either house at any time.
  • He can summon any House of the Parliament at any time.

Question 7.
Explain financial powers of the President.
Answer:

  • It is the duty of the President to place the Budget for the current year before the Parliament. It is to be presented before the beginning of the financial year. Normally the budget is presented to the Parliament by the
  • Finance Minister on behalf of the President.
  • Money Bill can only be introduced in the Parliament on the recommendation of the President.

Question 8.
Describe judicial powers of the President.
Answer:
The President has some judicial powers also. It is provided by Article 122 of the Constitution.

  • The President appoints the judges and . the chief justices to the Supreme Court and the State High Courts.
  • The President cannot be sued in any court of India in connection with any matter concerning his office.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 9.
Discuss in brief about various emergencies provided in the Constitution of India.
Answer:
There are three types of emergencies provided into the Constitution of India. These are:

  • National Emergency (Article 352) or Emergency arising out of external aggression or armed rebellion.
  • Emergency arising out of the failure of constitutional machinery in a state (Art. 356).
  • Financial Emergency (Art. 360).

Question 10.
What do you understand by National Emergency?
Answer:
According to Art. 352, if the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may proclaim a state of emergency.

Question 11.
Under which condition the Constitutional Emergency is imposed?
Answer:
According to article 356, if the President, either on the receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot b,e carried on in accordance with the provisions of the Constitution, the President can proclaim emergency in that state.

Question 12.
What is the Financial Emergency?
Answer:
According to Article 360, if the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may declare a Financial Emergency under Article 360 of the constitution. Such a Proclamation may be revoked by a subsequent Proclamation.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 13.
Explain any two points of criticism against the emergency powers of the President.
Answer:
Different persons criticised the emergency powers of the President on different grounds. Following are the points of criticisms against the emergency powers of the President:

  • Possibility of misuse of emergency powers.
  • Emergency powers are undemocratic.

Question 14.
Describe the justification of emergency powers.
Answer:

  • Historical experiences reveal that emergency powers are necessary to face national crisis.
  • National security is more important than that of the individual liberty.

Question 15.
Is it possible for the President of India to be a dictator?
Answer:
It is not possible for the President to become a dictator because:

  1. In India there exists a Parliamentary form of Government. In this system the President is a constitutional head and his role is nominal.
  2. According to 44th Amendment an Emergency can be proclaimed only on the basis of written advice tendered by the cabinet and the advice of the council of ministers is binding on the President.

Question 16.
Describe the election method of the Vice-President of India.
Answer:
The Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot. The two Houses need not sit together for this purpose.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 17.
Describe the term of the Vice-President.
Answer:
The Vice-President is elected for a term of five years. The period of five years starts from the date on which he enters his office. He is eligible for re-election. The Vice¬President may resign his office by writing to the President before the expiry of five years. Vice-President can be removed from office by impeachment.

Question 18.
Describe about the salary of the Vice-President.
Answer:
The Vice-President is the ex-officio Chairman of the Rajya Sabha and he receives a salary of Rs. 4,00,000 per month. When the Vice-President acts as President, he has all the privileges, powers and immunities of the President. After retirement Vice-President is entitled to a monthly pension of Rs. 2,00,000.

Question 19.
Describe in brief the functions of the Vice-President.
Answer:
The duties of the Vice-President are two-fold:

  1. He is the ex-officio Chairman of the Rajya Sabha and
  2. he acts for the President when the office of the President is vacant. Even when the President is ill or otherwise unable to perform the duties of his office, the Vice-President acts for him.

Question 20.
Discuss any two qualifications to become a member of Union Council of Ministers.
Answer:

  • He must be a citizen of India.
  • He must not hold any office of profit under the Government of India or the Government of any State.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 21.
How is the Council of Ministers at the centre formed?
Answer:
After the general elections the various parties in the Parliament elect their leaders. The President invites the leader of the majority party and appoints him the Prime Minister. The Prime Minister selects other ministers and sends their names to the President. The President appoints them as ministers.

Question 22.
Give two features of the Cabinet System in India.
Answer:

  1. Nominal Head of the State: The first important feature of the Cabinet system in India is that the President enjoys only nominal powers. The President is a constitutional head of the State.
  2. Close Relations Between the Executive and the Legislature: There is a close relationship between the Cabinet and the Parliament.

Question 23.
Distinguish between the Cabinet and the Council of Ministers.
Answer:

  • In the Constitution the words ‘Council of Ministers’ are used and not the word ‘Cabinet’.
  • The Cabinet is a part of the Council of Ministers. The Council of Ministers consist of all types of ministers. Their number is about 70. But the cabinet consists of only the cabinet ministers. The cabinet consists of about 25 members.

Question 24.
Mention any two functions of Council of Ministers.
Answer:

  1. Determination of National Policy: The pohcy of the Nation is formulated by the Cabinet. After taking office, the Cabinet is to formulate its internal and external pohcy according to which it is to run the administration of the State.
  2. Control over Administration: The administration of the country is to be run by the ministers. Every member of the Council of Ministers has one or more departments under his charge and he has to look after its working and administration.

Question 25.
How is the Prime Minister of India appointed?
Answer:
The President appoints the Prime Minister. He invites the leader of the majority party in the Lok Sabha and appoints him the Prime Minister. If no single party has a majority, many parties may form a coalition to make a majority and elect a leader. Then the leader of the coalition will be appointed as the Prime Minister.

Question 26.
What are the functions of Prime Minister?
Answer:
The Prime Minister enjoys vast powers which have made his office very important and powerful. His powers and functions are as follows:

  • The first function of the Prime Minister is the formation of Council of Ministers. He has a free hand in the selection of ministers. Number of Council of Ministers depends upon him.
  • The Prime Minister distributes portfolios among the ministers.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

One Word to One Sentence Answer Type Questions

Question 1.
What is the term of the Prime Minister?
Answer:
The Prime Minister does not have a fixed tenure of office. He remains in office so long as he enjoys .the support of the majority party.

Question 2.
Mention any one power of the Prime Minister.
Answer:
The first and significant duty o$ the Prime Minister is the formation of the Council of Ministers.

Question 3.
Who is the leader of the Cabinet?
Answer:
The Prime Minister is the leader of the Cabinet.

Question 4.
Who was the first Prime Minister of India?
Answer:
Pt. Jawahar Lal Nehru was the first Prime Minister of India.

Question 5.
Who is the link between the Council of Ministers and the President? Answer:The Prime Minister is the link between the Council of Ministers and the President.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Fill in the blanks

1. The …………… of India is head of the state.
Answer:
President

2. Minimum age needed for the President is …………… .
Answer:
35 years

3. The term of office of the Indian President is …………… .
Answer:
Five years

4. Sh …………… appointed Prime Minister after 17th Lok Sabha.
Answer:
Narendra Modi.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

True or False statement

1. President is the head of the state.
Answer:
True.

2. Prime Minister is the head of the state.
Answer:
False

3. The tenure of the Cabinet is 10 years.
Answer:
False

4. Prime Minister form the Council of Minsters.
Answer:
True.

5. Prime Minister is the Chief Co-ordinator in the Cabinet.
Answer:
True.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Choose The Correct Answer

Question 1.
Who will administer the oath of office to the person who is to take over as President?
(A) Chief Justice of High Court
(B) Vice-President
(C) Chief Justice of India
(D) Speaker.
Answer:
(C) Chief Justice of India

Question 2.
The Cabinet is responsible to the
(A) Prime Minister
(B) President
(C) Parliament
(D) Speaker.
Answer:
(C) Parliament

Question 3.
The Prime Minister is appointed by the:
(A) President
(B) Parliament
(C) Cabinet
(D) Supreme Court.
Answer:
(A) President

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 4.
The President of India is elected by:
(A) The Parliament
(B) The Assemblies
(C) The People
(D) The Electoral College.
Answer:
(D) The Electoral College.

Question 5.
The term of office of the Indian President is:
(A) 3 years
(B) 5 years
(C) 2 years
(D) 4 years.
Answer:
(B) 5 years

Question 6.
Minimum age needed for president is:
(A) 25 years
(B) 30 years
(C) 21 years
(D) 35 years.
Answer:
(D) 35 years.

PSEB 11th Class Political Science Solutions Chapter 24 The Union Executive-President, Vice-President, Council of Ministers and Prime Minister

Question 7.
The tenure of the Prime Minister is:
(A) 5 yeafrs
(B) 6 years
(C) 4 years
(D) Not fixed.
Answer:
(D) Not fixed.

Question 8.
The Prime Minister presides over:
(A) Lok Sabha
(B) Rajya Sabha
(C) Cabinet
(D) Parliament.
Answer:
(C) Cabinet

 

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

by

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.

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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.”

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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.

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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.

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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.

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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.

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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.

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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.

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

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

PSEB 11th Class Political Science Solutions Chapter 23 Union and State Relations

Question 4.
State List includes:
(A) 66 Subjects
(B) 47 Subjects
(C) 62 Subjects
(D) 52 Subjects.
Answer:
(A) 66 Subjects

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

by

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.”

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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.

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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.

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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.

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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.

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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.

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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.

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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

PSEB 11th Class Political Science Solutions Chapter 22 Indian Federal System

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.

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

by

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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

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

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

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

PSEB 11th Class Political Science Solutions Chapter 20 Fundamental Duties

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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.

PSEB 11th Class Political Science Solutions Chapter 20 Fundamental Duties

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.

PSEB 11th Class Political Science Solutions Chapter 20 Fundamental Duties

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.

PSEB 11th Class Political Science Solutions Chapter 20 Fundamental 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.

PSEB 11th Class Political Science Solutions Chapter 20 Fundamental 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 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.

PSEB 11th Class Political Science Solutions Chapter 20 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.

PSEB 11th Class Political Science Solutions Chapter 20 Fundamental Duties

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

PSEB 11th Class Political Science Solutions Chapter 20 Fundamental Duties

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

PSEB 11th Class Political Science Solutions Chapter 20 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

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

by

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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.

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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

PSEB 11th Class Political Science Solutions Chapter 19 Fundamental Rights

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

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

by

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.”

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian 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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the 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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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

PSEB 11th Class Political Science Solutions Chapter 18 Salient Features of the Indian Constitution

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

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

by

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 17 Preamble to the Indian Constitution

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.

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: Judiciary

by

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.

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: Judiciary

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.”

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: Judiciary

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.

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: Judiciary

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.

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: Judiciary

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.

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: 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.

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: Judiciary

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.

PSEB 11th Class Political Science Solutions Chapter 16 Organs of Government: Judiciary

Question 2.
In which of the Allowing state Judiciary is Independent:
(A) China
(B) North Korea
(C) India
(D) Iraq.
Answer:
(C) India