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Karnataka 1st PUC Political Science Previous Year Question Paper March 2019 (South)
Time: 3:15 Hours
Max. Marks: 100
I. Answer the following questions in ONE sentence each: (10 × 1 = 10)
Which is the root word of Political Science?
Greek word ‘polis’.
Which is called as an agent of the state?
What is sovereignty?
Supreme power of the state is called sovereignty
Give the best example for rigid constitution.
Who was the Chairman of Drafting Committee?
What are the two Houses of Indian Parliament?
Loksabha and Rajyasabha
What is the term of office of Governor?
Who elect the Vice President of India?
Members of both houses of the Parliament.
Who is the Present Chief Justice of India?
Public Interest Litigation
II. Answer any Ten of the following questions in 2-3 sentences each. (10 × 2 = 20)
Define Political Science
According to Garries “Political Science deals with the origin development purpose and all political problems of state”.
Who are called the Greek philosopher Trio?’
Socrates, Plato, and Aristotle.
Name the four Elements of State
Definite Territory, Population, Sovereignty, Government.
What if Ordinance and who Promulgtes it?
The order issues to meet unforeseen situations when parliament is not in session is called ordinance. Head of the executive promulgtes the ordinance.
Write the meaning of Equality.
Every individual should be given equal opportunities for self development is called equality.
Mention any two features of Dictatorship government.
- State is absolute
- Force and fear.
What is thesmeaning of Parliamentary Government?
Executive is the creation of Legislature and is responsible to it, it is called Parliamentary government.
What do you mean by Universal Adult Franchise?
All the adult citizens can exercise their voting power without the discrimination jof caste, creed, religion, gender, it is called Universal Adult Franchise.
Write the qualification for membership of the RajyaSabha.
- Must be a citizen of India.
- Must have attained the age, of 30 years.
- Must not hold any, office of profit.
- Must not be md, lunatic and criminal
Name the three types of emergencies which the president can promulgate?
- National emergency
- Presidential rule on states
- Financial emergency
What is LokAdalat?
The courts which are formed to settle the disputes through mediation and at affortable price, it is called Lok Adalat.
Name any two standing committees of ZiftaPanchayat.
- General Committee
- Social justice Committee
III. Answer any EIGHT of the following question in 15-20 sentences each : (8 × 5= 40)
Explain briefly the importance of study of Political Science in the contemporary world?
Aristotle says that man by nature is a social animal. He born in society, live in society and die in society only. To fulfill his needs, he created society. In society only he can enjoy all the facilities love and affection. Away from society he maybe God or ghost.
Man is a social being at the same time he is a political being also. He is a selfish, egoist and quarrelsome by nature. The attitudes of selfish, egoist and jealousy of a man leads to anarchy in the society while leading the life. So the order of the society may be disrupted and man cannot lead his life happily and peacefully. In order to control the bad behavior of such people and establish a peaceful society, there should be rules and regulations.
The state has emerged to frame and implement these rules through its agency “The Government”. So the state controles the political activities of the human being and restore peace in the society. The subject which studies about state, government, the political activities of human being is regarded as political science.
State the relations and differentiations between state and Society.
|1. State is supreme institution.
2. State originated after the society.
3. Scope of state is limited.
4. Definite Territory is essential for the state.
5. State consists of organized people
6. State has sovereignty.
7. State functions through the government.
8. State is one of the association in the society.
9. Membership of state is compulsory.
10. State Studies about Political system.
11. State controls our external relations.
12. Rules of the state are compulsory.
13. State has the power to punish the people.
14. State has legal system.
|1. Society is not supreme Institution
2. Society originated prior state.
3. Scope of society is wider.
4. Definite territory is not essential for society.
5. Society consists of both organized and unorganized people.
6. Society has no sovereignty.
7. Society has no government
8. Society has many associations of which state is one.
9. Membership of society is obligatory
10. Society studies about social system.
11. Society influences on our internal relations.
12. The rules of society are not compulsory.
13. Society cannot punish the people.
14. Society has no legal system.
Explain the kinds of liberty?
1. National Liberty:
It is associated with french thinker J.J. Rousseau. Access to this type men in the state of nature were completely free and there were no restrictions. This doesn’t. exist in modem social life.
2. Civil liberty:
It is enjoyed by all the individuals in society. It consists of certain rights and privileges created and protected by the state.
3. Political Liberty:
This liberty is available only to the citizen either directly or indirectly participate in the political activities of the state. In short, a person makes or destroys the government.
4. Economic Liberty:
Without economic liberty, other liberty, other liberties are meaningless and useless. It means liberty of security and opportunities to find reasonable significance in the livelihood.
5. National Liberty:
This liberty implies the political independence of the state. All other liberties can’t be enjoyed unless the country is independent.
Describe the features of written constitution.
The features of written constitution are explained below.
- A written constitution is written in the document by the constituent assembly.
- It is deliberately framed by the constitutional experts.
- It came in to effect from a particular date.
- In the w ritten form of constitution, all the provisions relating to the organization of the government, rights, and duties of the citizens are clearly mentioned.
- In this system, the amendment procedure is very difficult and rigid.
- Written constitution provides the provisions of independence of judiciary.
- In the written constitution all provisions are clearly mentioned and the contents are in precise.
Explain the features of Federal Government.
1. Division of Powers:
A federal government is characterized by the existence of two governments- the centre and the local government created on the basis of division of powers. Both are independent and autonomous within their spheres of powers and yet interdependent. The residuary powers rests with the centre in some states (e.g. India) and in the hands of local units in some states (e.g. Great Britain).
2. Supremacy of the constitution:
In a Federal system, the power enjoyed by the centre and local units is original because both derive their powers from the constitution. This avoids any confusion or contention in sharing of power. The division of powers is based on necessity and convenience
3. Written and rigid constitution:
The constitution in a federal government would definitely be rigid because it has to deal with powers related to both centre and local governments. Each and every’ detail should be explained in a written form in order to avoid any clash of jurisdiction or possible over-lapping of responsibilities. The amendment procedure would be rigid which protects the interest of the federation from frequent, mindless changes to the constitution.
4. Special provision for settlement of disputes:
In a presidential system, in order to settle disputes arising between the states or between centre and the states, the judiciary has been assigned the job of interpreting the provisions of the constitution, thus acting as custodian and guardian of the constitution.
5. Power of amendment:
In a presidential system, to amend the constitution both the centre and the local governments have been assigned with equal powers. No constitutional amendment can be made without the consent of federal units.
Write the text of the Preamble of the Indian Constitution.
The preamble of the constitution of India explains the aims and ideology and reads as:
WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN, DEMOCRATIC, SOCIALIST, SECULAR and REPUBLIC Nation and securing to all its citizens.
- JUSTICE- social, economic and political.
- LIBERTY- of thought, expression, belief, faith and worship.
- EQUALITY- of status and of opportunity and to promote among them all.
- FRATERNITY- assuring the dignity of the individual and the unity and the integrity of the Nation.
The idea of the preamble has been borrowed from constitution of U.S.A.
List out the Fundamental duties of citizen of India.
The 42nd amendment has incorporated a number of fundamental duties.
- Abide by the constitution and respect its ideals and institutions, the national flag and, national anthem.
- Uphold and protect the sovereignty, unity, and integrity of India.
- Defend the country and render national service.
- Promote common brotherhood and harmony.
- Value and preserve our composite culture.
- Protect the natural environment.
- Develop the scientific temper.
- Strive towards excellence in all sphere
Discuss the Powers and Functions of Vidhan Sabha.
There is a legislative assembly for every state. The number of members depends upon the population of the state. But it can not have less than 60 and more than 500 members. The members are chosen by direct election by people of state. The governor has been given power to nominate one or two members of the Anglo Indian community legislative assembly is five years.
The powers and functions of Vidhanasabha are as follows:
1. Legislative Functions:
The Legislative Assembly is entitled to pass laws on all subjects that fall under the state list such as police, public health, education, local-self governments, etc. Without the consent of the Vidhanasabha, no bill can become a law.
Though the Vidhanasabha is competent enough to make laws on subjects listed in the concurrent list along with the central legislature, if parliament passes a law contained in the concurrent list, the legislative assembly is not competent to pass a law on the same subject. However, some bills require the previous permission of the President before they are introduced in the state legislature.
In case of breakdown of constitutional machinery’ in a state or when the proclamation of emergency is in operation, parliament has the power of making laws on matters falling under the state list. In case of a conflict between state law and the law of the parliament, the law of the parliament shall supreme.
2. Financial Functions:
The Vidhanasabha enjoys total control over the finance of the state. No new tax can be levied or collected without the consent of the Vidhanasabha. The authority of the Vidhanasabha over Vidhanaparishad is strengthened by the fact that a Money bill or Financial bill can only originate in the Vidhanasabha and the Vidhanaparishad can at the most delay it by 14 days but cannot reject or amend the Bill.
The annual income-expenditure statement of the year the Budget must get the approval of the Vidhanasabha. Even year during March-April, the beginning of the financial year, it is the responsibility of the government to place the budget before the house and seek its approval.
3. Control over the Executive (Administration):
The Vidhanasabha enjoys direct control over the administration, as the executive is directly, collectively, responsible to the Vidhanasabha and remains in office as long as they enjoy confidence of the house. The members of the house can seek information from the government through questions and supplementary questions.
It is the responsibility of the ministers to clarify points raised by members and give satisfactory explanation. Any attempt to lie or mislead the house is. considered an offense against the house punishable under Contempt of the House.
The debating occasions such as the Question Hour, Adjournment motion, the Emergency Adjournment motion, the Zero Hour, the Cut motion, the Call-attention motion keeps the executive under constant check and the executive must be alert and ready with answers. However, ministers can ask for time to answer questions. The most effective weapon in the hands of the Vidbana sabha is the No-confidence motion, which can bring down a government.
4. Electoral Functions:
The members of the Vidhana sabha along with the members of the parliament constitute an electoral college to elect the President of India. They also take part in electing the members of Rajyasabha and also of the members of Legislative council.
5. Constituent Functions:
The state legislative assembly takes part in amending a few constitutional provisions. The Assembly does not initiate any amendment to constitution neither does it has such powers. But ratification of at least not less than half of the State legislative assemblies is necessary for amending certain provisions of the constitution.
For instance, if there has to be an amendment made to electoral procedure of electing president of India then it has to be ratified by 1/2 of the states, which in turn is done by state legislative assemblies.
Explain the Powers and Functions of Chief Minister.
The functions of the Chief Minister is so powerful that he is referred to as “the first among equals” (Primus intersperses). Article 164 of the constitution states that “there shall be a Council of ministers headed by the Chief Minister for the state”.
The Chief Minister is elected from among the members of the majority party in Vidhana Sabha. In case no party enjoys majority it is left to the discretion of the Governor to pick the Chief Minister, who in his opinion will prove majority in a stipulated time. Traditionally, the Chief Minister should be from the Vidhanasabha.
1. Formation of Ministry:
The primary task of the Chief Minister on assuming office is the formation of Council of ministers. Normally ministers are picked from the same political formation to ensure uniformity and continuity of policy. However, nothing prevents the Chief Minister from picking anyone as minister from any party.
The Chief Minister enjoys the authority to pick and choose his ministry because he is responsible for efficiency and performance of the government.
2. Allocation of Portfolios:
After forming the ministry the next important task is allocation of responsibilities to ministers. Certain key or heavyweight portfolios such Home, Revenue, Finance, Industry, Public works are to be given to key and heavyweights who enjoy clout and following among party worker. Also to ensure efficiency and stability of the government. The Chief Minister enjoys the power of expanding and reforming the ministry.
3. Chairman of the Cabinet:
The cabinet meetings are held under the chairmanship of the Chief Minister. The cabinet is a deliberating forum and differences may come up. It is the responsibility of the Chief Minister to mediate and soften things and arrive at decisions.
The Chief Minister has the authority to decide the matters to be taken up by the cabinet and may accept or reject proposals. Normally the proposals brought by ministers for discussion are not rejected. In the era of coalition politics, it is a challenge for the Chief Minister to hold the flock together. It is very difficult to chair a cabinet meeting full of divergent views, ideologies, and principles.
4. Leader of Vidhana Sabha:
Chief Minister is the leader of Vidhana sabha. All major decisions and announcements of the state government are made by the Chief Minister. It is the responsibility of the Chief Minister to ensure that all bills brought before Vidhana sabha for approval are passed.
And he has to defend the government on the floor of the house. Though ministers are individually responsible to their ministries, it is the Chief minister who provides general leadership and direction. If any minister makes a mistake, the Chief Minister has the power to guide and correct him.
5. Leader of the Government:
The decisions of the government however good, are subjected to scrutiny and criticism. The opposition parties lose their identity if they do not criticize the government. So to guard against it, the Chief Minister, as leader of the government has to defend policies and programmes of the government both in and out of legislature.
6. Coordination and Supervision:
In running the administrative machinery Chief Minister will have to encounter numerous problems ranging from routine to serious. Under the circumstances, it is essential to integrate different departments and see that they work smoothly and the ability of the Chief Minister is tested on this count.
A Chief Minister should not only pick a team but also retain it as a team till the end of the term. Whenever problems arise between departments, he has to meditate and sort it out amicably through dialogue and goodwill.
The Chief Minister is the general head of the government. Hence he has the responsibility of supervising the administration. Though each minister is in charge of a ministry, lack of general supervision results in poor administrative quality.
To maintain quality in administration, the Chief Minister will have to supervise it, not only gives him a general feel of the administration but also makes the ministers more responsible. The Chief Minister may correct the working of a particular ministry and offer suggestions.
7. Bridge between the Governor and the State Legislature:
The Chief Minister acts as a link between the Governor and state legislature in a parliamentary government. As all executive powers are vested in the hands of the Crovemor, the Chief Minister is duty bound to keep the Governor informed about the decisions taken by the government.
Also, the Governor himself can call for any information from the government. The Chief Minister not only acts as a bridge but also as the advisor to the President. Whenever necessary the President will look forward for advice. For example, the Governor seeks the advice L of the Chief Minister before dissolving Vidhana sabha.
8. Power of Dissolution:
The Vidhana sabha exists as long as the Chief Minister wishes because even before the expiry of 5 years term, Chief Minister may seek the dissolution of Vidhana sabha. The Vidhana sabha may be dissolved if deep differences surfaced within the government or within the ruling party or the government loses a motion of no confidence.
9. Power of Appointment:
Though civil appointments are made by the Governor, it is based on recommendation of the Chief Minister.
Mention the measures necessary to ensure the Independence of the Judiciary?
In order to ensure independence of judicial system in India, the following steps have been taken so that the judicial officers are not under pressure in discharging their duties.
1. The Constitution has made it obligatory on the part of the President to consult the Chief Justice of India in appointing a judge of Supreme Court. This not only makes the appointment non-political but also saves judiciary from the influence of the executive (the council of ministers).
2. A judge of the Supreme Court cannot be removed from office by the President at his will, addressed to him. Thus, the legislative control over the executive ensures judicial independence.
3. A judge of the Supreme Court, though appointed by the President on the advice of the council of ministers, does not hold office during the pleasure of the President, but based on good behaviour. He can be removed only on charges of proven misbehavior or incapacity by a motion addressed to the President by the Parliament.
4. The salaries and allowances of the judges of the Supreme Court are determined by a law of parliament and is not subject to discussion. The salary and allowances of the judges cannot be reduced or varied to his disadvantage during his term of office. This means that he will not be in any way affected by any law made by the parliament since the day of his appointment.
5. The administrative expenses of the Supreme court, the salaries and allowances of the judges and staff is charged on the Consolidated Fund of India (CFI), a corpus fund of Rs. 50 crore which may be enhanced from time to time, and it can not be voted in parliament.
6. Discussion of the conduct of the judges of the Supreme Court is not allowed in parliament except during removal of a judge This gives immunity from criticism.
7. A judge of the Supreme Court is not permitted to practice in any court in India after retirement. This prevents him from falling prey to temptations. To boost accountability in the judicial system, the Central Information Commission (CIC) has brought the office of the Chief Justice under the purview of the Right to Information Act (RTI).
Explain the 73rd Constitutional Amendment Act.
The 73rd constitutional amendment act which came in to force on 1993 can be explained its provisions as below:
- 73rd constitutional amendment act provides reservation to SC, ST, Backward class women.
- The Panchayats can mobilize their revenue sources.
- Elections should be need within 6 months.
- The power to constitution of committees is rests with the state government.
- Members of parliament and assembly are enjoying the membership in Panchayats.
- The members of Panchayats have to elect by the elections.
- lire age limit to contest the election is fixed to 21 years.
- The state election commission is the authority to conduct the elections.
- The Panchayats have power to impose tax.
- State finance commission has been established to review the finances of Panchayats.
- Panchayats can prepare and enforce the plans for economic and social development.
Mention the compulsory functions of the Mahanagara Palikas.
According to Municipal Corporation Act of 1976, the functions of Corporation may be classified into
- Obligatory functions
- Discretionary functions
1. Obligatory functions:
- Construction and maintenance of public roads, streets, bridges, markets, drains, dispensaries, etc.
- To make the boundaries of the Municipal Corporation limits.
- Making arrangements for conservancy drainage, removal of garbage, etc.
- Lighting and watering of public streets.
- Supply of filtered water for drinking purposes and unfiltered water for other purp see.
- Maintenance of public health, vaccination, etc.
- Regulation of sale of food, drugs, milk, etc. ,
- Establishing and maintaining schools for primary education etc.
2. Discretionary functions:
- Construction and maintenance of libraries, museums, rest houses, gardens.
- Taking census, arranging and maintaining means of transport.
- Maintaining diary forms set up and maintain institutions for sick or incurable etc.
- Organising and maintaining maternity and welfare centres for infant.
IV. Answer any two of the following in 30 to 40 sentences each: (2 × 10 = 20)
Explain the features of Presidential Government.
In Presidential government, the Executive is not responsible to the legislature. It is based on the principle of ‘Separation of powers’. It is known as non-responsible system or fixed executive system. E.g. USA.
Features of presidential government.:
1. Separation of powers:
The Presidential government is based on Montesquieu concept of “separation of powers”. The concept of separation powers contend that the legislature, executive and judiciary must be independent of each other and function independently. Legislature performs the task of law making, executive law implementation and judiciary interpretation of laws.
2. Checks and Balances:
Presidential government is based on checks and balances. Though the legislature, executive and judiciary function independently, complete separation is not only desirable but also impractical. To maintain the exercise of power balanced, controlled and wide spread each organ is given a fair degree of power in one another ’s functional area.
3. Executive is not responsible to legislature:
The president in U S.A is directly elected by the people and hence is not responsible to legislature. The president can’t participate in the proceedings of the congress. He can neither initiate a bill nor pilots it. The President is not accountable to anyone but the constitution and the people.
4. Real Executive:
In presidential government, the president is directly elected by the people. The president is not only the real executive but also the head of government. He is directly responsible for all happenings in the country.
5. Secretaries directly responsible to president:
The secretaries known as presidents’ ‘Brain Trust’ are appointed by the president and stay in office as long as they enjoy the confidence of the president. The President may remove any secretary without assigning any reason. Secretaries are neither responsible to congress nor to the people but to the president. The President can hire or fire secretaries.
6. Fixed Tenure:
The President does not depend on the congress for his survival. He is directly elected for a period of 4 years and lasts his full term. He cannot be removed from office except on grounds of inefficiency and proven misbehavior through an impeachment motion.
Discuss the composition, Powers and functions of the Loksabha.
The members of Lok Sabha are elected by the people. All adult citizens unless disqualified for other reasons have the right to select their representatives. Qualifications to become the members are must be a citizen of the country and must have attained the minimum age fixed by the constitution. The term of office is five years. Speaker is the presiding officer. He is elected from among the members of the house.
1. Legislative functions:
The power of Loksabha extends to all subjects falling under the Union List and the Concurrent list. In case of emergency in operation its power also extends to State list as well. No bill can become a law without the consent of Loksabha. The Loksabha has equal powers of law making with Rajyasabha except on financial ‘ matters where the supremacy of Loksabha is total.
In case of disagreement between the two houses on a matter of legislation, it is resolved by a Joint Sitting of both the houses presided over by the Speaker. In a Joint Sitting, Loksabha would emerge triumphant because tire decisions are taken by a majority of the total number of members of both the house present and voting in which the numerical superiority of Loksabha prevails.
2. Financial functions:
On financial matters, the supremacy of the Loksabha is total and complete. “One, who holds purse, holds power,” said James Madison. By establishing its authority over the national purse, Loksabha establishes its authority over the Rajyasabha.
It is expressly stated that Money bill can originate only in the house of people. Regarding budget, Loksabha being a representative house enjoys total authority. Loksabha’s position on financial matters is such that the demands for grants are placed only before the Loksabha.
3. Control over the executive:
The Loksabha enjoys direct control over the executive because executive is directly responsible to the lower house and stays in office as long as it enjoys the confidence of the house. The Loksabha not only makes laws but also supervises the implementation. The lower house being a debating house, the members are free to seek information from the executive and raise questions and seek clarifications.
The members can effectively seek information from the government by way of discussions and debates during the Question Hour (seek clarification), the Adjournment Motion (raises issues of national importance), the Zero Hour, the Cu motion, the Call-attention motion, etc. The soundest way of controlling the executive is by way of moving the No-confidence motion, if the executive fails to win the support of Lok sabha, they must step down.
4. Constituent functions:
The Loksabha shares equal powers in regard to amending provisions of the constitution. An amendment may be initiated either in the Rajyasabha or Loksabha and must be passed by a 2/3 majority in both the houses present and voting. The agreement of Rajyasabha is compulsory for the success of constitutional amendment.
5. Electoral functions:
]The Loksabha and Rajyasabha elect the highest constitutional- functionaries such as the President and the Vice-president. The President is elected by the members of Loksabha and Rajyasabha along with the members of Legislative Assemblies of the states. The Vice-president is elected by members of Loksabha and Rajyasabha.
6. Judicial functions:
The Loksabha acts as a judge in the impeachment of the President. Either house can prefer the charge of impeachment. If Rajyasabha prefers the charge, Loksabha investigates the charge and if it passes a resolution by a 2/3 majority of the total membership of the house. President stands impeached from the office.
The Loksabha also sits in Judgement, along with the Rajyasabha, in removing high constitutional functionaries such as the Comptroller and Auditor General, The Chief Vigilance Commissioner, the Chief Election Commissioner, etc.
Explain the powers and functions of Prime Minister of India
The powers and function of the Prime minister are detailed below:
1. Formation of Ministry:
The primary task of the Prime minister on assuming office is the formation of Council of ministers. Normally ministers are picked from the same political formation to ensure uniformity and continuity of policy. However, nothing prevents Prime minister from picking anyone as minister.
2. Allocation of Portfolios:
After forming the ministry the next important task is allocation of responsibilities to ministers. Certain key or heavyweight portfolios such as Home, Defence, Finance, Commerce and Industry, External affairs, etc., are to be given to party heavyweights who enjoy good clout and following among the party workers. Also to ensure efficiency and stability of the government. Prime minister enjoys the power of expanding and reforming the ministry.
3. Chairman of the Cabinet:
The cabinet meetings are held under the chairmanship of the Prime minister. The Cabinet is a deliberating forum and differences may come up. It is the responsibility of Prime minister to mediate and soften things and arrive at decisions. The Prime minister has the authority to decide the matters to be taken up by the cabinet and may accept or reject proposals. Normally the proposals brought by ministers for discussion are not rejected.
In the era of coalition politics, it is a challenge for the Prime minister to hold the flock together. It is very difficult to chair a Cabinet full of divergent views, ideologies, and principles. For example, for the last fifteen years, we are a witness to pulls and pressures exerted on the Prime minister from different alliance partners.
4. Leader of Lok Sabha:
Prime minister is the leader of Lok sabha. All major decisions and announcements of the government are made by the Prime minister. It is the responsibility of the Prime minister to ensure that all bills brought before Lok sabha for approval are passed. And he has to defend the government on the floor of the house.
Though ministers are individually responsible to their ministries, it is the Prime minister who provides general leadership and direction. If any minister makes a mistake, the Prime minister has the power to guide and correct him.
5. Leader of the Government:
The decisions of the government however good, are subjected to scrutiny and criticism. The Prime minister, as leader of the government, has to defend policies and programs of the government both in and out of parliament.
6. Coordination and Supervision:
In running the administrative machinery Prime minister will have to encounter numerous problems ranging from routine to serious. Under the circumstances, it is essential to integrate different departments and see that they work smoothly and the ability of the Prime minister is tested on this count. A Prime minister should not only pick a team but also retain it as a team till the end of the term.
Whenever problems arise between departments, he has to meditate and sort it out amicably through dialogue and goodwill. The Prime minster is the general head of the government. Hence he has the responsibility of supervising the administration. Though each Minister is in charge of a ministry, lack of general supervision results in poor administrative quality.
To maintain quality in administration, the Prime minister will have to supervise. It not only gives him a general feel of the administration but also makes the ministers more responsible. The Prime Minister may correct the working of a particular ministry and offer suggestions.
7. Bridge between the President and the Parliament:
The Prime minister acts as a link between President and Parliament In a parliamentary government. As all executives powers are vested in the hands of the President, the Prime minister is duty bound to keep the President informed about the decisions taken by the government.
Also, the President himself can call for any information from the government. The Prime minister not only acts as a bridge but also as the advisor to the President. Whenever necessary the President will look forward for advice. For example, the President seeks the advice of Prime minister before dissolving Loksabha.
Describe the composition and powers of the Supreme Court of Indin.
The President of India appoints the judges of the Supreme court on the advice of the council of ministers in consultation with the Chief Justice of India. Article 124 which deals with the appointment of judges, makes it obligatory on the part of the President of India to consult the Chief Justice of India.
In appointing the Chief Justice of India, the President shall, besides the advice of the council of ministers, consult the judges of the Supreme Court and the High courts if he considers it necessary. But, neither the constitution nor the law provides for Chief Justice’s recommendation as to his successor. It is a practice sanctioned by convention.
Normally, the Chief Justice of India is appointed from among the senior-most judges of the Supreme Court.
The following are the powers of the Supreme Court:
I. Original Jurisdiction:
Article 131 of the constitution deals with the original jurisdiction of the Supreme Court. The original jurisdiction of the Supreme Court is so exclusive that no court in India can take up cases falling under the original jurisdiction.
The original jurisdiction of the Supreme Court is purely federal in character. Matters relating to the problems and disputes arising between the union and the states or between the states are taken up by the Supreme Court.
The disputes entertained under the original jurisdiction are:
- A dispute involving the Government of India Vs the state of Union of India.
- A dispute involving the Government of India plus one or more states Vs one or more states.
- A dispute involving one or more states on one side Vs one or more states on the other.
2. Appellate Jurisdiction:
The Supreme Court is the highest court in India. Under Appellate jurisdiction, the Supreme court only takes up such cases that come on appeal. It has no power to take up such cases, which is not asked to take up.
The appellate jurisdiction can be studied under the following three heads:
a. Constitutional Cases:
The cases that come before the Supreme court are as follows:
The cases involving a question of law relating to the interpretation of the constitution or certification by the High court. The Supreme Court can take up a case if the High court in its opinion feels that the case involves substantial question of law, which should be decided by the Supreme court.
b. Civil Cases :
Originally Article 133 provided for an appeal against the high court order if it certified that the amount involved was less than Rs. 20,000 and the case is fit for appeal. But, the Law Commission found the logic unreasonable and as a result, the 30th Amendment of 1972 did away with the ceiling of Rs. 20,000. The Supreme Court can take up the civil appeal, if the High court certifies that the case involves a substantial question law of general importance. The certification by the High court is essential in these cases.
c. Criminal Cases:
Article 134 provide for an appeal to the Supreme court against the judgment of the High Court under the following conditions:
- If the High Court has reversed a decision of release of an accused and has given him a death sentence.
- In a case where the High court has exercised the authority of a lower court and given a death sentence to the accused.
- In any criminal case if the High court certifies that the case is fit for appeal in the Supreme Court.
3. Special Leave Jurisdiction:
Article 136 confers a special power in the hands of the Supreme Court to grant special Leave. In hearing appeals the Supreme Court may grant Special Leave petition against any judgment or order made by any court or tribunal, except military tribunal, in a case.
The decision is entirely left to the discretion of the Supreme Court. This power, however, is to be used only under exceptional circumstances like matters involving general public interest or in cases of grave injustice or cases in which no appeal is otherwise provided by law.
4. Advisory Jurisdiction:
Article 143 confers the power of advisory opinion. In order to break authoritative opinion, the President of India may seek the advisory opinion of the Supreme Court on the matter which is, in his opinion, important and necessary such as disputes arising out of treaty of agreement. However, the advice of the Supreme Court is purely advisory in nature and it is up to the executive to accept it or not. The Supreme Court may decline to give advisory opinion if it finds unnecessary.
5. Power of Judicial Review:
The supremacy of the Supreme Court as the guardian of the constitution is emphasized by the power of judicial review. The Supreme court has the power of declaring a law made by the legislature or an executive action as ultra vires (intra vires) or null and void’ or ‘unconstitutional if it is not in tune with the provisions of the constitution or violative of the fundamental law of the land.
This acts as an effective, check on both the legislature and the executive as any decision made or action taken whimsically without regard to the constitution is declared invalid.
6. The Court of Records:
The proceedings and judgments of the Supreme Court are kept preserved to be made use of in future cases and judgments, whenever necessary by the lower courts. Those decisions are authoritative records on law whose validity cannot be questioned in any court. The courts of records also have the power to correct its own clerical errors.
7. The Contempt of court:
The Supreme Court enjoys the authority of imposing fine or imprisonment for violating the orders of the court (Article 129).
8. Self-correcting Court:
The Supreme Court has the power of correcting its own judgments. This is to ensure any loss or damage, physical, emotional or material that may be caused to any person seeking justice. To put it in legal terms, this is to ensure against ‘miscarriage of justice’.
9. Guardian of the Constitution:
The Supreme Court enjoys the privilege of protecting », the constitution against violation of its provision either by the government or by the people, It is the responsibility of the Supreme Court to see that the laws of the constitution are respected and adhered to by all in India. By acting as the watchtower of the constitution, it checks against the violation of laws.
As guardian of the constitution, the Supreme Court also exercises the power of interpreting. the contents of the constitution. Any matter relating to technical interpretation of details or definitions of terms in the constitution is the sole prerogative of the Supreme Court.
10. Enforcement of Fundamental Rights:
The Supreme Court is empowered by the constitution to act as the protector and guarantor of the fundamental rights. Under Article 32, the Supreme Court enjoys the power of issuing constitutional writs, also called as writ jurisdiction, for the enforcement of fundamental rights. The writs may be against the government or individuals.
The writs are briefly explained as follows:
a. Habeas Corpus:
This literally means ‘to have a body’. It calls upon the authority’, which arrests a person to produce in court, the person to set him free if he has done nothing wrong. It protects an individual against wrongful confinement.
This literally means a command. It is a command issued by the court asking a person to perform his legal duty, which is of public nature.
It is a writ issued by the Supreme court to an inferior court restraining it from exercising powers which is not invested in them.
It is a writ by which a case is removed from a lower court, which does note no jurisdiction to deal with it.
e. Quo warranto:
This writ is issued to prevent a person from illegally occupying a ’ public office to which he is not entitled.
11. Defender of the Federation:
The constitution vests the power of settling the disputes and problems between the centre and the states. In order to prevent the conflict of power between the two, the Supreme Court interprets the laws, which help in maintaining the unity of the federation.
12. Miscellaneous functions:
The following are the miscellaneous functions of the Supreme
- The Supreme Court has the power of regulating the practice and procedure of the court.
- It appoints its own clerical establishment and exercises supervision over lower courts.
- The Supreme Court decides matters relating to the election of the President and Vice-president.
- The Supreme Court if satisfied, may withdraw a case on its own or on appeal pending before one or more High courts on a matter involving substantial question of law of general importance (Article 139)
- The Supreme Court, if necessary, can transfer any case pending before any High court to any other High court.
- The Supreme Court may also transfer a criminal case from one high court
V. Answer any TWO of the following questions in 15-20 sentences each. (2 × 5 = 10)
Write a short note about Independence day celebration in your college,
List the kinds of Rights.
- Moral Rights
- Legal Rights.
- Civil Rights.
- Political Rights.
- Economic Rights.
- Moral Rights: are those based on the ethical code of morality of people.
- Legal Rights: are recognised and protected by the state.
- civil rights: are those rights which enable the individual to lead a normal life in society.
- Political rights: enable a citizen to take part in the affairs of the government.
- Economic rights: enable citizens to earn their living.
Explain briefly functions of Gram Panchayat.
- Functions of gram panchayat.
- Formulate plans for the development of Gram panchayat.
- Preparation of Budget of Gram panchayat.
- Collection and maintenance of necessary information and statistics relating to panchayat.
- Provide relief during natural calamities like floods, famine or earthquakes.
- Encouragement to agriculture.
- Encouragement and development of poultry and pisciculture.
- Support to khadi and cottage industries.
- Protection of public health and support family welfare programmes.
- Encouraging rural housing by providing houses and sites to weaker sections.
- Promote cleanliness through underground drainage system.
- Provide drinking water and prevent water pollution.
- Construction and maintenance of roads, buildings, and bridges.
- Rural electrification.
- Encourage primary and higher education.
- Support and implement poverty alleviation programmes.
- Support adult education and informal education.
- Construction and maintenance of libraries and reading rooms.
- Regulation of market and fairs.
- Strive for the welfare of women and children.
- Strive for welfare of weaker sections.
- Preserv action of Public distribution system
- Maintenance of public gardens and stadiums.
- Maintenance of graveyards.
- Strive and support welfare of physically challenged (handicapped) and mentally retarded.
- Function as per directed by Panchayat Raj Act from time to time.
Write about the life and achievements of a local Politician.