JKBOSE 9th Class Social Science Solutions Chapter 4 Working Of Institutions

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Jammu & Kashmir State Board JKBOSE 9th Class Social Science Solutions

J&K class 9th Social Science Working Of Institutions Textbook Questions and Answers

PARLIAMENT

INTRODUCTION

Legislature : An Assembly of people’s representatives with the power to enact laws.

Union Parliament : The Parliament of India is a bi-cameral legislature. It consists of the President and the two Houses to be known respectively as the Council of States (Rajya Sabha) and the House of People (Lok Sabha). According to the Constitution, the Legislative powers of the Union Parliament have been vested in the Parliament.

Lok Sabha : Lok Sabha is the first and the lower House of the Parliament. At present Lok Sabha consists of 545 members. 543 members are directly elected while two are nominated by the President.

Rajya Sabha : The Rajya Sabha (Council of States) is the ‘Upper House’ of Parliament and is sometimes called the ‘House of Elders’. At persent the Rajya Sabha has 245 members. Out of 245 members, 233 members represent the 29 States and four Union Territories and the remaining 12 members have been nominated by the President.

Powers and Functions of Parliament : The Powers of Parliament include law making or legislation, financial, executive and judicial powers.

(i) Legislative Powers : The Parliament can enact laws on the subjects mentioned in the Union List and Concurrent List.

(ii) Financial Powers : The Parliament controls the finance of the nation.

(iii) Control over Executive : The Parliament controls the executive.

(iv) Judicial Powers : The Parliament can remove the President and Vice-President from office.

(v) Amendment of the Constitution : The Parliament is empowered to amend the Constitution according to the provision of the Constitution.

Relation between the Two Houses of the Parliament : The Constitution recognizes the supremacy of the Lok Sabha over the Rajya Sabha. How does a bill become an Act ? An ordinary bill has to pass through the following stages before it becomes an Act :

(i) Introduction of the Bill, (ii) First Reading, (iii) Committee Stage, (iv) Second Reading, (v) Third Reading, (vi) Bill in the Second House, (vii) Assent of the President.

TEXTUAL QUESTIONS

Q. 1. If you are elected as the President of India which of the following decisions can you take on your own ?

(a) Select the person you like as Prime Minister

(b) Dismiss a Prime Minister who has a majority in Lok Sabha

(d) Nominate the leaders of your choice to the Council of Ministers.

Ans.— (c).

Q. 2. Who among the following is a part of the political executive ?

(a) District Collector

(b) Secretary of the Ministry of Home Affairs

(d) Director general of Police.

Ans.— (c).

Q. 3. Which of the following statements about the judiciary is false ?

(a) Every law passed by the Parliament needs approval of the Supreme Court

(b) Judiciary can strike down a law if it goes against the spirit of the Constitution

(d) Any citizen can approach the courts if her rights are violated.

Ans.— (a).

Q. 4. Which of the following institutions can make changes to an existing law of the country ?

(a) The Supreme Court

(b) The President

(d) The Parliament.

Ans.— (d).

Q. 5. Match the ministry with the news that the ministry may have released :

(a) A new policy is being made to increase the jute exports from the country.	Ministry of Defence
(b) Telephone services will be made more accessible to rural areas.	Ministry of Agriculture, Food and Public Distribution
(c) The price of rice and wheat sold under the Public Distribution System will go down.	Ministry of Health
(d) A Pulse Polio Campaign will be launched.	Ministry of Commerce and Industry
(e) The allowances of the soldiers posted on high altitudes will be increased.	Ministry of Communications and Information Technology.

Ans.—

(a) A new policy is being made to increase the jute exports from the country.	Ministry of Commerce and Industry
(b) Telephone services will be made more accessible to rural areas.	Ministry of Communications and Information Technology.
(c) The price of rice and wheat sold under the Public Distribution System will go down.	Ministry of Agriculture, Food and Public Distribution
(d) A Pulse Polio Campaign will be launched.	Ministry of Health
(e) The allowances of the soldiers posted on high altitudes will be increased.	Ministry of Defence

Q. 6. Of all the institutions that we have studied in this chapter, name the one that exercises the powers on each of the following matters :

(a) Decision on allocation of money for developing infrastructure ‘like’ roads, irrigation etc. and different welfare activities for the citizens

(b) Considers the recommendation of a committee on a law to regulate the stock exchange

(d) Implement the decision to provide relief for the victims of an earthquake.

Ans.— (a) Executive (b) Legislature (Parliament) (c) The Supreme Court (d) Permanent Executive (Civil Services)

Q. 7. Why is the Prime Minister in India not directly elected by the people? Choose the most appropriate answer and give reasons for your choice.

(a) In a parliamentary democracy only the leader of the majority party in the Lok Sabha can become the Prime Minister.

(b) Lok Sabha can remove the Prime Minister and the Council of. Ministers even before the expiry of their term

(c) Since the Prime Minister is appointed by the President there is no need for it.

(d) Direct election of the Prime Minister will involve lot of expenditure on election.

Ans.— The Prime Minister is not directly elected by the people because in India we have adopted parliamentary form of government, leader of the majority party is appointed Prime Minister by the President. The Prime Minister is also responsible to the Lok Sabha. He must have the support of a majority of Lok Sabha members.

Q. 8. Three friends went to watch a film that showed the hero becoming Chief Minister for a day and making big changes in the state. Imran said this is what the country needs. Rizwan said this kind of a personal rule without institutions is dangerous. Shankar said all this is a fantasy. No minister can do anything in one day. What would be your reaction to such a film ?

Ans.— Such a film has nothing doing with reality. Rizwan is right when he pointed out that this kind of a personal rule without institutions is dangerous. No democratic government can work without institutions and there are three institutions of government i.e. legislature, executive and judiciary.

Q. 9. A teacher was making preparations for a mock parliament. She called two students to act as leaders of two political parties. She gave them an option: Each one could choose to have a majority either in the mock Lok Sabha or in the mock Rajya Sabha. If this choice was given to you, which one would you choose and why ?

Ans.— If this chance is given to me I would like to have a majority in the mock Lok Sabha. Because leader of the majority in the Lok Sabha is appointed the Prime Minister. Real powers are with the leader of the majority in the Lok Sabha.

Q. 10. After reading the example of the reservation order, three students had different reactions about the role of the judiciary. Which view, according to you, is a correct reading of the role of judiciary ?

(a) Srinivas argues that since the Supreme Court agreed with the government, it is not independent.

(b) Anjaiah says that judiciary is independent because it could have given a verdict against the government order. The Supreme Court did direct the government to modify it.

(c) Vijaya thinks that the judiciary is neither independent nor conformist, but acts as a mediator between opposing parties. The court struck a good balance between those who supported and those who opposed the order.

Ans.— (b) Views given by Anjaiah is correct. In India Judiciary is independent. Supreme Court of India in many cases have given order against the governemnt order. In November, 1992 the Supreme Court held the order of V.P. Singh government on reservation to be valid. But directed the government to exclude the ‘Creamy Layer’ or more advanced section of the beneficiary backward classes from reserved category. The Supreme Court also held that the maximum size of all reservations together must not exceed 50 per cent.

OTHER IMPORTANT QUESTIONS

Objective Type Questions

I. Multiple Choice Questions

(UNION PARLIAMENT)

Q. 1. Indian Parliament is :

(i) Unicameral

(ii) Three Housed

(iii) Bicameral

(iv) Four Housed

Ans.— (iii) Bicameral.

Q. 2. The Lower House of the Indian Parliament is known as :

(i) Rajya Sabha

(ii) Lok Sabha

(iii) Legislative Assembly

(iv) Council of state

Ans.— (ii) Lok Sabha.

Q. 3. The Upper House of the Indian Parliament is known as :

(i) Lok Sabha

(ii) Rajya Sabha

(iii) Council of Ministers

(iv) Legislative Council

Ans.— (ii) Rajya Sabha.

Q. 4. The tenure of the members of the Rajya Sabha is :

(i) 5 years

(ii) 4 years

(iii) 6 years

(iv) 3 years.

Ans.— (iii) 6 years.

Q. 5. The tenure of the Lok Sabha in normal time is :

(i) 6 years

(ii) 5 years

(iii) 4 year

(iv) 3 years.

Ans.— (ii) 5 years.

Q. 6. After passage of the bill by the Parliament, the bill is sent to the :

(i) Speaker

(ii) Supreme Court

(iii) Prime Minister

(iv) President.

Ans.— (iv) President.

President, Prime Minister and Council of Ministers

Q. 1. Minimum age needed for the President is :

(i) 25 years

(ii) 30 years

(iii) 21 years

(iv) 35 years.

Ans.— (iv) 35 years.

Q. 2. The term of office of the Indian President is :

(i) 3 years

(ii) 5 years

(iii) 2 years

(iv) 4 years

Ans.— (ii) 5 years.

Q. 3. The President of India is elected by :

(i) The Parliament

(ii) The Assemblies

(iii) The people

(iv) The Electoral College.

Ans.— (iv) The Electoral College.

Q. 4. The Salary of the Indian President is :

(i) Rs. Ten Thousand only

(ii) Rs. Five Lakh only

(iii) Rs. Five Thousand only

(iv) Rs. Twenty Thousand only,

Ans.— (ii) Rs. Five Lakh only,

Q. 5. Who is the head of the government ?

(i) Home Minister

(ii) Prime Minister

(iii) Cabinet

(iv) President

Ans.— (ii) Prime Minister

Q. 6. The first President of India was :

(i) Dr. Rajendra Prasad

(ii) Sh. V.V. Giri

(iii) Giani Zail Singh

(iv) Rajiv Gandhi

Ans.— (i) Dr. Rajendra Prasad.

Indian Judiciary-Supreme Court and High Court

Q. 1. Supreme Court consists of one Chief Justice and :

(i) 13 other Judges

(ii) 25 other Judges

(iii) 20 other Judges

(iv) 33 other Judges.

Ans.— (iv) 33 other Judges.

Q. 2. The Judges of the Supreme Court of India retire at the age of :

(i) 62

(ii) 65

(iii) 60

(iv) 58.

Ans.— (ii) 65.

Q. 3. Number of Judges of the Supreme Court is fixed by :

(i) Parliament

(ii) Prime Minister

(iii) President

(iv) Cabinet.

Ans.— (i) Parliament.

Q. 4. Supreme Court sits at :

(i) Chandigarh

(ii) Delhi

(iii) Kolkata

(iv) Shimla.

Ans.— (ii) Delhi.

Q. 5. Which is the Apex Court of India ?

(i) The President

(ii) The Parliament

(iii) The Supreme Court

(iv) The High Court

Ans.— (iii) The Supreme Court.

Q. 6. While appointing the Judges of the Supreme Court it is obligatory for the President to consult the :

(i) Chief Justice of the High Court

(ii) Law Minister

(iii) The Prime Minister
(iv) Chief Justice of India.
Ans.— (iv) Chief Justice of India.

Q. 7. Whom does Supreme Court advise ?

(i) Cabinet

(ii) Prime Minister

(iii) President

(iv) Parliament

Ans.— (iii) President.

Q. 8. Judicial Review power is with :

(i) Parliament

(ii) High Court

(iii) Supreme Court

(iv) Both with Supreme Court and High Court.

Ans.— (iv) Both with Supreme Court and High Court.

Q. 9. Which one of the following is the guardian of the Indian Constitution ?

(i) Parliament

(ii) Supreme Court

(iii) President

(iv) Cabinet.

Ans.— (ii) Supreme Court.

Q. 10. The Judges of the Supreme Court are appointed by the :

(i) Chief Justice of India

(ii) People

(iii) Prime Minister

(iv) President.

Ans.— (iv) President.

II. Fill in the Blanks

1. Two houses of the Union Parliament are Lok Sabha and …………..

2. ……….. is the Presiding officer of the Rajya Sabha.

3. ……… is Prime Minister of India.

4. Judges are appointed by the ……….. .

Ans.— 1. Rajya Sabha, 2. Vice President, 3. Sh. Narender Modi, 4. President.

II. True/False

1. Indian Parliament is unicameral.

2. The Upper House of the Indian Parliament is known as Rajya Sabha.

3. Minimum age needed for the President is 20 years.

4. The salary of the Chief Justice of India is 2,80,000.

Ans.— 1. ×, 2. √, 3. x, 4. V.

Very Short Answer Type Questions

Q. 1. What does Parliament consist of ?

Ans.— The Parliament of India consists of the President of India, the Council of the States (Rajya Sabha) and the House of the People (Lok Sabha). Rajya Sabha is the Upper and Lok Sabha is the Lower House.

Q. 2. Name the two houses of the Union Parliament.

Ans.— (i) Lok Sabha

(ii) Rajya Sabha.

Q. 3. Which one house of the Union Parliament is more powerful ?

Ans.— Lok Sabha is more powerful than Rajya Sabha.

Q. 4. How many members can be nominated in Lok Sabha by the President ?

Ans.— Two members from Anglo-Indian community.

Q. 5. What is the constitutional provision with regard to the representation of the Anglo-Indian community in the Lok Sabha ?

Ans.— The President can appoint two members of the Anglo-Indian community if he is of the opinion that the Anglo-Indian community is not adequately represented in the Lok Sabha.

Q. 6. How many members are nominated in Rajya Sabha by the President ?

Ans.— 12 members are nominated in Rajya Sabha from amongst the scholars, artists and social workers.

Q. 7. How are members of Lok Sabha elected ?

Ans.— The members of Lok Sabha are elected directly by the people. Every citizen of 18 years has a right to vote.

Q. 8. How many seats are reserved for scheduled castes in the Lok Sabha ?

Ans.— In Lok Sabha 84 seats are reserved for scheduled castes.

Q. 9. How many seats are reserved for scheduled tribes in Lok Sabha ?

Ans.— In Lok Sabha 47 seats are reserved for scheduled tribes.

Q. 10. What is the maximum number of members of Rajya Sabha ?

Ans.— 250 members.

Q. 11. How are the members of Rajya Sabha elected ?

Ans.— They are elected by the elected members of State Legislative Assemblies.

Q. 12. What is the tenure of the members of Rajya Sabha ?

Ans.— The tenure of the members of Rajya Sabha is 6 years, 1/3 members retire after every two years.

Q. 13. Who is the Presiding officer of Lok Sabha ?

Ans.— The Speaker is the Presiding Officer of Lok Sabha.

Q. 14. How is the Speaker of the Lok Sabha elected ?

Ans.— The Speaker of the Lok Sabha is elected by the Lok Sabha from amon its own members.

Q. 15. Mention any two functions of the Speaker of the Lok Sabha.

Ans.— (i) The Speaker presides over the meetings of the Lok Sabha.

(ii) He maintains discipline in the House.

Q. 16. Who is the Presiding Officer of Rajya Sabha ?

Ans.—The Vice-President is the Presiding Officer of Rajya Sabha.

Q. 17. Mention any two functions of the Chairman of Rajya Sabha.

Ans.— 1. The Chairman of the Rajya Sabha presides over the meetings of the Rajya Sabha.

2. He maintains discipline in the House.

Q. 18. Who can dissolve Lok Sabha before 5 years ?

Ans.— The President can dissolve Lok Sabha on the advice of the Prime Minister.

Q. 19. What is the normal tenure of the Lok Sabha ?

Ans.— The normal tenure of the Lok Sabha is five years.

Q. 20. Who decides whether a Bill is Money Bill or not ?

Ans.— It is the Speaker of Lok Sabha who decides whether a Bill is Money Bill or not.

Q. 21. Who maintains discipline in Lok Sabha ?

Ans.— It’s the Speaker who maintains discipline in Lok Sabha.

Q. 22. In which house, the Money Bill is initiated ?

Ans.— Lok Sabha.

Q. 23. For how many days Rajya Sabha can delay a Money bill ?

Ans.—14 days.

Q. 24. What is the age qualification for candidates of Lok Sabha ?

Ans.— 25 years.

Q. 25. Mention any two qualifications that a person seeking election to Lok Sabha should have ?

Ans.— (i) He should be a citizen of India.

(ii) He should have attained the age of not less than 25 years.

Q. 26. State disqualifications of the membership of Lok Sabha.

Ans.— A person is disqualified from being chosen a member of the Lok Sabha, if :

(i) He holds any office of profit under the government of India or any state government.

(ii) He has ceased to be a citizen of India.

Q. 27. What is the age qualification for candidates of Rajya Sabha ?

Ans.— 30 years.

Q. 28. What is the quorum of Rajya Sabha ?

Ans.— 1/10 of total strength.

Q. 29. Who passes the vote of no-confidence to remove the Cabinet ?

Ans.— Lok Sabha.

Q. 30. Which house of the Parliament is a permanent house ?

Ans.— Rajya Sabha.

Q. 31. Describe the composition of the Rajya Sabha.

Ans.— The Constitution of India lays down that maximum number of the members of Rajya Sabha can be 250, of whom 12 are nominated by the President while 238 are elected.

Q. 32. How does a Bi-cameral Legislature differ from a Uni-cameral Legislature ?

Ans.— The difference between a Bi-cameral Legislature and a Uni-cameral Legislature is that while the former consists of two Houses, the latter consists of one House only.

Q. 33. What is meant by quorum ?

Ans.— The quorum is the minimum number of members required to be present in order to enable the house of transact its business.

Q. 34. What is the quorum for the conduct of proceedings of Lok Sabha ?

Ans.— The quorum for the conduct of the proceedings of the Lok Sabha is 1/10 of the total members of the House.

Q. 35. Whom does the Rajya Sabha represent ?

Ans.— The Rajya Sabha reflects the federal character of the Indian state. It represents the State and the Union Territories.

Q. 36. Why is Rajya Sabha called a Permanent House ?

Ans.— Rajya Sabha is Permanent House because it is not subject to dissolution. Members of the Rajya Sabha are elected for six years, one-third members retiring after every two years.

Q. 37. Who can summon and address the inaugural joint session of the Union Parliament ?

Ans.— The President of India can summon and address the inaugural joint session of the Union Parliament.

Q. 38. Who presides over the Joint Session of the Parliament ?

Ans.— The Speaker of the Lok Sabha presides over the meetings of the Joint Session of Parliament.

Q. 39. Mention two privileges of the members of the Parliament.

Ans.— (i) Members have full freedom of speech in the House, subject of its rules of procedure.

(ii) No case can be started against a member for a speech given in the House.

Q. 40. What is a bill ?

Ans.— The Proposal for a law is called a bill.

Q. 41. What are the various types of the bills ?

Ans.— The bills are of three types : (i) Ordinary bills (ii) Money bills and (iii) Constitutional bills.

Q. 42. Under what circumstances does the Deputy Chairman of Rajya Sabha preside over a joint sitting of the two Houses of Parliament.

Ans.— In the absence of the Speaker and Deputy Speaker of the Lok Sabha, the Deputy Chairman of Rajya Sabha presides over the joint sitting of the two Houses of the Parliament.

Q. 43. How many sessions of each House of Parliament must be held in a year ?

Ans.— Each House of Parliament must meet twice in a year.

Q. 44. How much period can be allowed to lapse between two sessions of Parliament ?

Ans.— There cannot be a gap of more than six months between the two sessions of the Parliament.

Q. 45. What is the utility of the Rajya Sabha ? Write two arguments to prove this statement.

Ans.— (i) The Rajya Sabha checks the hasty legislation passed by the Lok Sabha.

(ii) It is the Store-house of experienced people. As such the nation can make use of their services.

Q. 46. What is a Money Bill ?

Ans.— A money bill relates to the imposing, reducing or repealing of taxes or relating to expenditure or income.

Q. 47. What is meant by Government Bill ?

Ans.— A bill which is introduced in the Parliament by the minister is called Government Bill.

Q. 48. What is meant by Private member bill ?

Ans.— The bills which are introduced in the House by ordinary members of the House is called Private Member Bill.

Q. 49. Name the languages in which the business in Parliament is transacted.

Ans.— Business in Parliament is transacted in Hindi or in English.

Q. 50. Who administers the oath of office to the members of Parliament ?

Ans.— The President or some person appointed by him administers the oath of office to the members of Parliament.

Q. 51. Mention two motions which Parliament in India can adopt to control the government.

Ans.— (i) No-confidence motion (ii) Adjournment motion.

Q. 52. Mention one electoral power of the Parliament.

Ans.— The elected members of the Parliament participate in the election of the President.

Q. 53. Who was elected the speaker of the 16th Lok Sabha ?

Ans.— In June 2014 after the elections of 16th Lok Sabha Smt. Sumitra Mahajan was unanimously elected speaker of Lok Sabha.

Q. 54. What is the maximum strength of the Lok Sabha has been fixed under the Constitution ?

Ans.— The Indian Constitution has fixed the maximum strength of the Lok Sabha at 552.

Q. 55. What do you understand by ‘Zero hour’ ?

Ans.— Question Hour is followed by zero hour. Generally begins at noon, hence the name Zero Hour. The members normally use Zero hour for discussions of various issues.

Q. 56. What do you understand by ‘Question Hour’ ?

Ans.— During ‘Question Hour’ questions are asked by the members on different issues and topics and answers are given by the concerned ministers.

Q. 57. By which amendment the tenure of Lok Sabha was extended from five years to six years.

Ans.— 42nd Amendment extended the tenure of Lok Sabha from five years to six years.

Q. 58. Who acts as the Presiding officer of the house without being its member ?

Ans.— Vice-President of India.

Short Answer Type Questions

Q. 1. Give the names of two Houses of the Parliament and also their term.

Ans.— The two Houses of the Parliament are :

(i) Lok Sabha and (ii) Rajya Sabha.

(i) Term of the Lok Sabha— The Lok Sabha is elected for 5 years. But the President can dissolve it earlier too. During emergency due to external aggression on internal insurrection its term can be extended.

(ii) Term of the Rajya Sabha—Rajya Sabha is a permanent house. But after every two years one-third (1/3) of its members retire and new ones are elected in their place. Thus every member is elected for a term of six years.

Q. 2. How is Rajya Sabha constituted ?

Ans.— The maximum strength of the Rajya Sabha can be 250. Out of these 12 members are nominated by the President. The remaining 238 members represent the states and Union Territories. The representatives of the states are elected by the elected members of Legislative Assemblies and in case of Union Territories are chosen in such a manner as the Parliament may by law determines. At present Rajya Sabha consists of 245 members.

Q. 3. What are the qualifications of the member of Lok Sabha ?

What should be the qualifications of a person to become the member of Lok Sabha ?

Ans.— (i) He must be a citizen of India.

(ii) He must have completed 25 years of age.

(iii) He must not hold any office of profit under the Government of India or the Government of any State.

(iv) He must possess such other qualifications as may be prescribed by the Parliament.

(v) No person can be a member of both Houses of Parliament.

Q. 4. Write down the financial powers of the Lok Sabha.

Ans.— 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 difference of opinion whether a particular bill is money bill or a non-money bill, the decision of the speaker of the Lok Sabha will be final.

Q. 5. What qualities should a person have to become a member of Rajya Sabha.

Ans.— A candidates for election to the Rajya Sabha must possess the following qualifications.

(i) He must be a citizen of India.

(ii) He must have completed 30 years of age.

(iii) 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.

(iv) He must possess such other qualifications as parliament may by law prescribe.

(v) He must make and subscribe before some person authorised on that behalf by the Election Commisssion an oath or affirmation asserting his allegiance to the Constitution of India.

Q. 6. Narrate the circumstances under which a joint session of Parliament is summoned.

Ans.— The President summons the joint session of the Parliament on the following occasions :

(i) Joint session of the Parliament is summoned to resolve the conflict between the two Houses of the Parliament.

(ii) Joint session is summoned when a bill is passed by one House and is rejected by the other.

Q. 7. What are the qualifications required for membership of Rajya Sabha ?

Ans.— (i) He must be citizen of India.

(ii) He must have completed 30 years of age.

(iii) He must possess such other qualifications as prescribed by the Parliament.

(iv) He should not hold any office of profit under the government of India or any State government.

Q. 8. Whom does the Rajya Sabha represent ?

Ans.— The Rajya Sabha reflects the federal character of the Indian state. It represents the States and the Union Territories. But the states have not been given equal representation in the Rajya Sabha. Representation of the States is on the basis of population.

Q. 9. Mention any four functions of the Speaker of Lok Sabha.

Ans.— (i) He allows the members to ask questions.

(ii) No member can address the House without his permission.

(iii) He preserves order in the House.

(iv) He presides over the meetings of the Lok Sabha.

Q. 10. Mention the special powers of the Rajya Sabha.

Ans.— Under the Constitution, the Rajya Sabha has been vested with two special and exclusive powers. They are :

(i) 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 Parliament should make laws with respect to any matter enumerated in the State List.

(ii) (a) Rajya Sabha is competent to create one or more All India Services if it passes a resolution by two-third majority.

(b) Rajya Sahba alone can initiate the proposal for removing the Vice-President.

Q. 11. Describe how the members of the Lok Sabha are elected.

Ans.— At present Lok Sabha consists of 545 members. Out of 545 members 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 voters list can cast his vote. A candidate getting highest votes is declared elected.

Q. 12. Which authority decide the question of disqualification of the members of Parliament ?

Ans.— If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications, the question is referred for the decision of the President. Before, giving any decision on any such question, the President obtains the opinion of the Election Commission and acts according to such opinion. The decision of the President is final. .

Q. 13. Mention any two powers of Parliament.

Ans.— 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 subject mentioned in the State list.

2. Financial Powers : The Parliament controls the finance of the state. The government places the budget before the start of the financial year. 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.

Q. 14. Write down Executive Powers of the Parliament.

Ans.— (i) The ministers are responsible to the Parliament for their actions and policies.

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

Q. 15. Describe the Judicial powers of the Parliament.

Ans.— (i) The Parliament can remove the President from office through impeachment.

(ii) The Parliament can also remove the Vice-President from office.

(iii) The Parliament can remove the judges of High Court and Supreme Court by passing a resolution to that effect.

Q. 16. Define the term no-confidence and no-confidence motion.

Ans.— No-confidence means that the leader of the House has lost the confidence of the majority of members and is no longer wanted to lead the party and the government. The no-confidence motion is a formal resolution tabled in the House to see whether the leader enjoys the confidence of the members of the House. It the motion is passed the leader resigns and replaced by the new incumbent.

Q. 17. How is the Lok Sabha more powerful than the Rajya Sabha ?

Ans.— Lok Sabha is more powerful because :

(i) The members of the Lok Sabha are directly elected while those of Rajya Sabha are indirectly elected.

(ii) 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.

(iii) Lok Sabha controls the executive whereas Rajya Sabha has no effective control over the executive.

Q. 18. State the miscellaneous powers of Parliament.

Ans.— (i) The elected members of both the Houses of Parliament participate in the election of the President.

(ii) The Vice-President is elected by the members of both the houses of Parliament.

(iii) The Parliament can recommend to the President the removal of a judge of the Supreme Court and a High Court for their misbehaviour or incompetence.

(iv) The Parliament can recommend to the President the removal of Chief Election Commissioner and Comptroller and Auditor General of India.

Q. 19. What is the difference between a bill and a law ?

Ans.— The resolutions which are introduced in the Parliament for the purpose of making laws or changing old laws or amending the Constitution are all called bills. When a bill is passed by both the Houses and it receives the assent of the President then it becomes a law.

Q. 20. What is understood by adjournment Motion ?

Ans.— 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.

Q. 21. What do you understand by Question Hour ?

Ans.— 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’.

Q. 22. What do you understand by ‘Zero Hour’ ?

Ans.— The time immediately following the ‘Question Hour’ in both Houses has come to be popularly known as ‘Zero Hour’. It is a zero hour in more than one sense. It is non-existent hour. It 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.

Q. 23. Discuss the features of Indian Parliament.

Ans.— (i) Indian Parliament is Bi-cameral.

(ii) Upper House of the Parliament is Permanent.

(iii) Lower House of the Parliament can be dissolved before its expiry term.

(iv) The membership of both the Houses is not equal.

(v) The Lok Sabha is more powerful than the Rajya Sabha.

Q. 24. Who is the Speaker ?

Ans.— 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.

Q. 25. Describe the electoral powers of the Indian Parliament.

Ans.— (i) The elected members of the Parliament participate in the election of the President.

(ii) The Vice-President is elected by the members of both of the Houses of the Parliament.

(iii) They also elects some of its members to various Committees of the Parliament.

Long Answer Type Questions

Q. 1. Discuss the Legislative and Judicial Powers of the Indian Parliament.

Ans.— The Indian Parliament has been given vast powers :

1. Legislative Powers : The following are the legislative powers of the Indian Parliament.

(i) The Parliament has the right to frame laws for whole of the country. It can frame laws and amends or repeals them, on all the 97 subjects mentioned in the Union List.

(ii) The Parliament has the power to frame laws on all the 47 subjects mentioned in the Concurrent List.

(iii) Under certain special circumstances the Parliament gets the right to frame laws on the subject mentioned in the State List.

(iv) The Residuary powers are under the control of the central government. The Parliament has the power to frame laws on all the subjects which are not mentioned in any of the three lists-the Union List, the State List and the Concurrent List.

(v) The Parliament can frame laws to enforce treaties and agreements entered into with foreign states.

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

(i) The Parliament can remove the President from office through impeachment.

(ii) The Parliament can also remove the Vice-President from office.

(iii) The Parliament can remove the judges of the High Court and Supreme Court by passing a resolution to that effect.

Q. 2. Describe the powers of the Union Parliament.

Ans.— Following are the main powers of the Union Parliament :

1. Legislative Powers : The Parliament 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.

2. Financial Powers : The Parliament controls the finances of the country. The budget is passed by the Parliament.

3. Executive Powers : The Prime Minister and the Council of Ministers are responsible to the Parliament for their actions and policies. The Parliament has the power to remove the Council of Ministers by passing vote of no-confidence.

4. Judicial Powers : The Parliament can remove the President from office through impeachment. The Parliament can remove the judges of the High Courts and Supreme Court by passing a resolution to that effect.

5. Electoral Powers : The elected members of Parliament participate in the election of the President. The Vice-President is elected by the members of both the Houses of Parliament.

6. Amendment of the Constitution : Under Article 368 the Parliament can make any amendment in the Constitution but it has no power to change the basic structure of the Constitution.

Q. 3. How Indian Parliament controls the Executive ?

Ans.— 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 of event.

(v) During discussion on budget the members of the Parliament discuss the working of different departments of the government and criticise the policies of i 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 resolution for reducing the salary of a particular minister.

Q. 4. Explain briefly the powers of Rajya Sabha.

Ans.— Following are the powers of Rajya Sabha :

1. Legislative Powers : Except money-bills, all bills can originate in the Rajya Sabha. No bill can be passed unless it is approved by both the Houses of Parliament.

2. Financial Powers : No money-bill can 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 recommendations. Rajya Sabha can delay the money-bill for 14 days only.

3. Executive Powers : Some of the ministers are taken from Rajya Sabha. The members of the Rajya Sabha have the right to ask questions and supplementary questions from the ministers. But Rajya Sabha has no power to remove the Council of Ministers.

4. Judicial Powers : A resolution to impeach the President may be moved in the Rajya Sabha. Such a resolution has to be passed by both the Houses separately by atleast two-third majority of the total membership of the Houses. 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. Constitutional Powers : A bill to amend the Constitution may originate in the Rajya Sabha. Amendment bill must be passed by both the houses separately. 6. Electoral Powers: The elected members of the Rajya Sabha take part in the elections of the President. All the members of the Rajya Sabha take part in the elections of the President.

7. Special Powers of the Rajya Sabha : (i) Under Article 249 the Rajya 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. (ii) Under Article 312, the Rajya Sabha is empowered to give the right to the Parliament to establish All India Services.

Q. 5. Discuss the functions and powers of the Speaker of the Lok Sabha.

Ans.— The office of Speaker of the Lok Sabha is one of respect and dignity. After the elections are over and the Lok Sabha meets for the first time after its organisation, it elects its Chairman and its Deputy Chairman commonly known as the Speaker and the Deputy Speaker. Smt. Sumitra Mahajan is the Speaker of the Lok Sabha at present. The functions and powers of the Speaker are as under :

(i) He presides over the meetings of the Lok Sabha.

(ii) He maintains discipline in the House.

(iii) If a member misbehaves or breaks the rules of the House, the Speaker can warn or suspend him. In the event of grave disorder, he can even adjourn or suspend the business of the House.

(iv) He fixes the programme of the House and allocates time for different kinds of business of the House.

(v) He permits the members to speak or to put questions to the ministers.

(vi) He decides whether a bill is a money bill or not.

(vii) He decides points of ‘order and his decisions are final.

(viii) He presides over the joint meetings of the Lok Sabha and the Rajya Sabha.

(ix)The Speaker controls the “visitors galleries” and can allow the visitors to the galleries of the House.

(x) The Speaker plays an important part in the formation and composition of the committees of the Lok Sabha.

Q. 6. Describe the role of opposition.

Ans.— In a democratic country like India opposition performs many functions and the most important once are as follows :

1. Criticism : One of the most important function of opposition is to criticise the government. It points out the drawbacks of the policies of the government.

2. Cooperation with the government : On important matter there are always consultations between the Prime Minister and leaders of the opposition.

3. Alternative government : The opposition serves as a readymade alternative government.

4. Watch dog of Civil liberties : The opposition is also watch dog of Civil Liberties of the people.

5. Political Education : The opposition also gives political education to the people.

6. The opposition ventilates public grievances through various parliamentary mathods.

Q. 7. Explain the Law making process in the Parliament.

Ans.— The Parliament enacts laws for the whole country. The resolution which is introduced in the Parliament for the purpose of making law or changing old law or amending the Constitution is called bill. An ordinary bill has to pass through the following stages to become an act :

1. Introduction of the Bill : An ordinary bill can be introduced in any House either by a minister or by a member of the House.

2. First Reading : The bill at this stage is not debated and discussed in detail only the objects and the main principles involved are discussed.

3. Committee Stage : The members of the Select Committee discuss the bill in detail and debate the merits and demerits of the bill.

4. Second Reading : The report of the Committee is discussed in detail. The bill is discussed clause by clause and item by item. The members of the House can suggest amendments in the bill.

5. Third Reading : There is not much discussion on the bill at this stage. The entire bill is put to vote at this stage and it is either rejected or passed.

6. Bill in the Second House : The bill is to pass through all the stages in this House also.

7. Assent of the President : After the bill is passed by both the houses, it is sent to the President for his assent. The bill becomes an act when the President gives his assent to it.

PRESIDENT, PRIME MINISTER AND COUNCIL OF MINISTERS

INTRODUCTION

The Union Executive : The Union Executive consists of President, VicePresident, Prime Minister and Council of Ministers.

The President : The President is the head of the State. The entire administration of the State is run in his name.

(i) Election : The President of India is elected by an electoral college consisting of the elected members of the Parliament and the elected members of the State Legislative Assemblies.

(ii) Tenure : The President is elected for a period of five years.

(iii) Removal : The President can be removed from office by the Parliament by impeachment.

(iv) Salary : The President of India gets a salary of Rs. 5 lakh per month.

(v) Powers : The Powers of the President can be divided into two categories :

(A) Powers in Normal Times and

(B) Emergency

Powers. Vice-President : The Vice-President of India is elected by an electoral college consisting of the members of both Houses of Parliament. The VicePresident is elected for a term of five years.

Functions : The duties of the Vice-President are two-fold :

He is the ex-officio Chairman of the Rajya Sabha.

He is 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.

Union Cabinet is the Real Executive : The President is the nominal head of the state whereas Union Cabinet is the real executive.

Prime minister as Head of the Council of Ministers : There is a Council of Ministers with Prime Minister as its head to aid and advise the President.

OTHER IMPORTANT QUESTIONS

Short Answer Type Questions

Q. 1. Who is the nominal head in India ?

Ans.— The President is the nominal head of the State.

Q. 2. Who was the first President of India ?

Ans.— Dr. Rajendra Prasad was the first President of India.

Q. 3. What is the age qualification for the office of President ?

Ans.— 35 years.

Q. 4. What is the tenure of the President ?

Ans.— 5 years.

Q. 5. How to remove the President ?

Ans.— He can be removed by impeachment before 5 years.

Q. 6. Who elects the President ?

Ans.— He is elected indirectly by an electoral college.

Q. 7. How is quota fixed for the election of the President ?

Ans.— Total number of votes polled / 1+1+1

Q. 8. By how many Presidential electors should the nomination papers of a Presidential candidate be proposed and seconded ?

Ans.— The name of the candidate for the office of President must be proposed by 50 electors and seconded by 50 others.

Q. 9. Who constitutes electoral college for the election of the President ?

Ans.— Elected members of the Parliament and State Legislative Assemblies constitute electoral college for the election of the President.

Q. 10. Who administers oath of the office the President ?

Ans.— The Chief Justice of the Supreme Court administers oath of the office to the President.

Q. 11. By whom the disputes arising in connection with the election of a President are settled ?

Ans.— The Supreme Court of India solves the disputes concerning the election of the President.

Q. 12. Mention the salary of the President of India.

Ans.—The President of India gets a salary of Rs. 5 lakh per month.

Q. 13. Write down the pension of the President.

Ans.— President is entitled to a monthly pension of Rs. 2,50,000.

Q. 14. Mention one immunity of the President.

Ans.— For the exercise of his constitutional powers the President is not answerable to any court.

Q. 15. When does the President call for the Joint meeting of both the Houses of the Parliament ?

Ans.— President can call a joint meeting of both the Houses of Parliament in case of disagreement between the two Houses on an ordinary bill.

Q. 16. What is the position of the President of India ?

Ans.— President of India is a nominal head of the state. He exercises his powers on the advice of the council of ministers.

Q. 17. How does the President exercise his powers ?

Ans.— He exercises his powers on the advice of the Prime Minister.

Q. 18. Mention any one executive power of the President.

Ans.— He appoints the Governors, Chief Justice and other judges of the Supreme Court and High Courts.

Q. 19. Mention one legislative power of the President.

Ans.— The President can address both the Houses of the Parliament and can send the message to either House at any time.

Q. 20. Write down one financial power of the President.

Ans.— Money Bills can only be introduced in the Parliament on the recommendation of the President.

Q. 21. How many members are nominated in Lok Sabha by the President ?

Ans.— Two members are nominated by the President in the Lok Sabha.

Q. 22. How many members are nominated in the Rajya Sabha by the President ?

Ans.— Twelve members are nominated in Rajya Sabha by the President.

Q. 23. Describe any one discretionary power of the President.

Ans.— President can use his discretion in the dissolution of the Lok Sabha.

Q. 24. What are the types of emergency powers of the President ?

Ans.— (a) National emergency.

(b) Constitutional emergency in a state.

Q. 25. Who is the Supreme Commander of armed forces in India ?

Ans.— President is the Supreme Commander of armed forces in India.

Q. 26. Mention one judicial power of the President.

Ans.— President has the power to pardon, reprieve and commute punishment.

Q. 27. According to which article of the Constitution President can impose National Emergency.

Ans.— According to Article 352 of the Constitution President can impose National Emergency.

Q. 28. According to which article President can impose emergency in a state/states ?

Ans.— According to article 356, the President can impose emergency in a state/ states.

Q. 29. According to which article President can impose Financial Emergency ?

Ans.— Financial Emergency can be imposed according to article 360 by the President.

Q. 30. Describe any two qualifications for the post of the President.

Ans.— (i) He should be a citizen of India.

(ii) He must have completed the age of 35 years.

Q. 31. Who steps in as President when the office of the President fall vacant ?

Ans.— Vice-President of India steps in as President when the office of the President falls vacant.

Q. 32. How long can the Vice-President officiate as President ?

Ans.— The Vice-President can officiate as President for a period of six months.

Q. 33. Who formulates the Council of Ministers ?

Ans.— Prime Minister forms the Council of Ministers.

Q. 34. What is the tenure of the Cabinet ?

Ans.—The tenure of the Cabinet is not fixed. The Cabinet continues in office long as it enjoys the confidence of the majority of Lok Sabha.

Q. 35. Who appoints the Ministers ?

Ans.— The Ministers are appointed by the President on the advice of the Prime Minister.

Q. 36. What is collective responsibility ?

Ans.— It means that if the vote of no-confidence is passed against one the whole ministry resigns. They all swim and sink together.

Q. 37. What are the types of Ministers? Ministers minister.

Ans.— (i) Cabinet

(ii) Ministers of State

(iii) Deputy Ministers.

Q. 38. Who decides the size of ministry ?

Ans.— The Prime Minister decides the size of ministry.

Q. 39. Who presents budget in the Parliament ?

Ans.— Finance Minister.

Q. 40. Who is the chief co-ordinator in the Cabinet ?

Ans.— The Prime Minister.

Q. 41. Who distributes portfolios among the ministers ?

Ans.— Prime Minister distributes portfolios among the ministers.

Q. 42. Who has the power to dismiss or remove a Minister from Union Council of Ministers ?

Ans.— On the advice of the Prime Minister, the President can dismiss or remove a minister from Union Council of Ministers.

Q. 43. Mention one distinction between the Cabinet and Council of Ministers.

Ans.— The Council of Ministers consists of all the ministers whereas Cabinet consists of a few ministers.

Q. 44. Who presides over the meetings of the Union Council of Ministers ?

Ans.— The Prime Minister presides over the meetings of the Union Council of Ministers.

Q. 45. By whom the Ministers of Union Council are administered the oath of office ?

Ans.— The Ministers of Union Council are administered the oath of office by the President.

Q. 46. Mention one function of the Council of Ministers.

Ans.— An important function of the Council of Ministers is to determine its internal and external policy according to which is to run the administration of the state.

Q. 47. Who is at the head of the Union Council of Ministers ?

Ans.— Prime Minister is at the head of Union Council of Ministers.

Q. 48. Who appoints the Prime Minister ?

Ans.— The Prime Minister is appointed by the President.

Q. 49. Who is the Chief advisor of the President ?

Ans.— The Prime Minister is the Chief advisor of the President.

Q. 50. Under what circumstances the President may exercise his discretion in selecting the Prime Minister ?

Ans.— If no party or coalition secures a clear-cut majority in the Lok Sabha, then the President can exercise his discretion in selecting the Prime Minister.

Q. 51. What is the term of the Prime Minister ?

Ans.— 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.

Q. 52. Mention any one power of the Prime Minister.

Ans.— The first and significant duty of the Prime Minister is the formation of the Council of Ministers.

Q. 53. Who is the leader of the Cabinet ?

Ans.— The Prime Minister is the leader of the Cabinet.

Q. 54. Who was the first Prime Minister of India ?

Ans.— Pt. Jawahar Lal Nehru was the first Prime Minister of India.

Q. 55. Who is the link between the Council of Ministers and the President ?

Ans.— The Prime Minister is the link between the Council of Ministers and the President.

Q. 56. Who is the real executive in India ?

Ans.— Prime Minister and his Council of Ministers is the real executive in India.

Q. 57. Can the President appoint a minister against the wishes of the Prime Minister ?

Ans.— No, the President cannot appoint any minister against the wishes of the Prime Minister.

Q. 58. Who is the present President of India ?

Ans.— Ram Nath Kovind became 14th President of India.

Q. 59. Who is the present Vice-President of India ?

Ans.— Venkaiah Naidu.

Q. 60. Who is the first woman to head the Indian Republic ?

Ans.— Smt. Pratibha Devi Singh Patil.

Q. 61. Who is the present Prime Minister of India ?

Ans.— Sh. Narender Modi.

Short Answer Type Questions

Q. 1. How is the President of India elected ?

Ans.— The President is elected indirectly by an electoral college. Elected members of both the houses of Parliament and elected members of Legislative Assemblies of States constitute the Electoral College. The voting is held on the basis of proportional representation by the single transferable vote system.

Q. 2. What are the qualifications required for election as President ?

Ans.— (i) He should be a citizen of India.

(ii) He must have completed the age of 35 years.

(iii) He must be qualified to be elected as member of the Lok Sabha.

(iv) He must not hold any office of profit under the Government of India or State Government or local authority.

Q. 3. When the 14th presidential election was held and who was elected the President of India ?

Ans.— 14th presidential election was held in July 2012. U.P.A. Candidate Pranab Mukharjee supported by Janata Dal (United), Shiv Sena, BSP, the CPM and others was elected and P.A. Sangma supported by BJP was defeated.

Q. 4. What is the tenure of the Indian President? How can he be removed ?

Ans.— The President is elected for a period of five years. The President can be removed from office by impeachment only. He can be impeached for ‘violation of the Constitution’. The impeachment charge may be initiated by either House of Parliament. If a resolution is passed by a two-thirds majority of the total membership of the House then the resolution is sent to the other House. If the other House also passes the resolution by a two-thirds majority then the President is removed from his office.

Q. 5. Write two executive powers of the President of India.

Ans.— (i) All major appointments are made by the President. He appoints the prime minister and other ministers in the council of ministers. He appoints governors, judges of the Supreme Court and Hight Courts, ambassadors, attorney general, etc.

(ii) The President is the Supreme Commander of the defence forces.

Q. 6. Write down the legislative powers of the President.

Ans.— (i) The President can convene, prorogue and dissolve the Parliament.

(ii) He can address the two Houses of the parliament jointly or he may address them independently.

(iii) He nominates 12 persons to the Rajya Sabha and two persons to the Lok Sabha.

(iv) No bill passed by the Parliament can become an act without the assent of! the President.

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

Q. 7. What are the financial powers of the President ?

Ans.— (i) Money-bills can be introduced in the parliament on the recommendation of the President.

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

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

(iv) He appoints Finance Commission.

Q. 8. Give judicial powers of the President.

Ans.— (i) The President appoints the Chief Justice and other judges of the Supreme Court and High Courts.

(ii) The President has the powers to grant pardon or reduce the sentence awarded to a criminal. of the

(iii) The president has the power to reprieve (temporary suspension sentence.) India.

Q. 9. Describe the salary and allowances of the President of India.

Ans.— The President of India gets a salary of 5 lakh per month and an official residence (called Rashtarpati 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 for maintaining a secretariat.

Q. 10. What is meant by National Emergency ?

Ans.— According to Art. 352 if the President is satisfied that a grave emergency exists where by the security of India or any part of India is threatened by war, external aggression or armed rebellion, he may declare a state of emergency for the whole of India or a part of it. Such a declaration must be approved by parliament within one month.

Q. 11. Enumerate the effects of National Emergency.

Ans.— (i) Parliament will have the India with respect to any of the matters given in the State List.

(ii) The President may by an order, modify the provisions relating to distribution of revenues between the Union and the State.

(iii) Fundamental Rights given under Art. 19 are automatically suspended throughout the country.

(iv) The President by order also may suspend the right to move the courts to enforce any other Fundamental Rights.

Q. 12. What measures are taken by the President after declaring emergency in the State ?

Ans.— (i) The President can assume 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 or under the authority of Parliament.

Q. 13. When is the President’s rule imposed in a State ?

Ans.— The President of India can promulgate presidential rule in a state under Article 356, if he is satisfied that there is general breakdown of law and order machinery in the state or that the government in the State cannot be carried on in accordance with the provisions of the constitution.

Q. 14. What is the maximum time limit for the State emergency ?

Ans.— Initially the President’s rule is imposed for a period of six months but it can be extended upto a maximum period of three years at a stretch. (The maximum limit of proclamation of President’s rule was extended to 5 years in case of Punjab by the 68th Amendment in 1991.)

Q. 15. What is financial emergency ?

Ans.— 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. During financial emergency, 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.

Q. 16. What are the qualifications required for the office of Vice- President ?

Ans.— (i) He should be a citizen of India.

(ii) He should have completed the age of 35 years.

(iii) He should be eligible to be elected as a member of the Rajya Sabha.

(iv) He must not hold any office of profit under any Government Centre, State or Local.

Q. 17. How is the Vice-President of India elected ?

Ans.— The Vice-President of India is elected by an electoral college consisting of the members of both the 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.

Q. 18. What are the two functions of the Vice-President of India ?

Ans.— (i) In the absence of the President, the Vice-President performs all the functions of the President.

(ii) The Vice-President is the ex-officio chairman of the Rajya Sabha. He various functions as Chairman of the Rajya Sabha.

Q. 19. Whom does the President appoint as the Prime Minister ?

Ans.— 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.

Q. 20. Mention any two functions of the Prime Minister.

Ans.— 1. Formation of the Council of Ministers. First and important function of the Prime Minister is the formation of the Council of Ministers. He prepares the list of the ministers according to his sweet will. Nobody can be appointed a minister against the wishes of the Prime Minister.

2. Distribution of Portfolios. Another major function of the Prime Minister is to distribute portfolios among the ministers. He decides what department is to be allotted to a particular Minister.

Q. 21. Why it is said that the Prime Minister is at the head of the Council of Ministers ?

Ans.— The Prime Minister is at the head of the Council of Ministers because the Council of Ministers has no existence without the Prime Minister. He can make or unmake the Council of Ministers. The resignation or death of the Prime Minister leads to the dissolution of the Council of Ministers.

Q. 22. What is the role of the Prime Minister in the Parliament ?

Ans.— The Prime Minister leads the Council of Ministers in the Parliament. Whenever a minister is in difficulty, the Prime Minister helps him. The Prime Minister explains the policy and decisions of the Council of Ministers to the Parliament. The Prime Minister may advise the President for the dissolution of Lok Sabha.

Q. 23. The Council of Ministers has to resign if Lok Sabha passes vote of no-confidence.

Ans.— The Council of Ministers is collectively responsible to the Lok Sabha. The Council of Ministers can remain in office as long as it enjoys the confidence of the majority members of Lok Sabha. Hence it has to resign when vote of no is passed against it by the Lok Sabha.

Q. 24. The Prime Minister’s resignation amounts to the resignation of Council of Ministers.

Ans.— The Prime Minister is the head of the Council of Ministers. The Prime Minister is the maker of Council of Ministers. The Council of Ministers has no existence without the Prime Minister. Therefore, the resignation of the Prime Minister means the resignation of the entire council of ministers. is the link between the Council of Ministers

Q. 25. The Prime Minister and the President.

Ans.— It is duty of the Prime Minister to convey the decisions of the Council of Ministers to the President. The President can demand information from the Prime Minister regarding the working of administration. The Council of Ministers can discuss any issue with the President only through the Prime Minister. .

Q. 26. Mention two immunities of the President.

Ans.— (i) The President is not answerable to any court for the exercise of his constitutional powers.

(ii) The President cannot be arrested or detained and no criminal proceeding can be launched against him during his tenure.

Q. 27. What is the relationship between the President and the Prime Minister in our country ?

Ans.— India has Parliamentary form of government. Therefore, the Prime Minister enjoys a better position than the President. The President is the head of Executive but all of his powers are exercised by the Prime Minister. According to 42nd Amendment it has become binding on the President to accept the Prime Minister’s advice. The Prime Minister submits his list of Ministers to the President and the President appoints them. The Prime Minister keeps the President informed of the proceedings of the cabinet. Thus, he serves as link between the President and the Cabinet.

Q. 28. What happens if the President and the Prime Minister disagree about some policy ? Does the view of the Prime Minister always prevail ?

Ans.— When there is difference of opinion between the President and the Prime Minister on some policy then the view of the Prime Minister prevails because Prime Minister is the real executive head, while President is a nominal head.

Q. 29. What is UPSC ?

Ans.— UPSC stands for Union Public Service Commission. Central Services and All India Services are appointed by the central government on the recommendations of Union Pulbic Service Commission.

Q. 30. Mention two functions of the Union Public Service Commission.

Ans.— (i) Its main function is to recommend names to the government for appointment to various offices. It holds a competitive examination for All India Services.

(ii) It advises the government on the methods of recruitment, disciplines, pensions and control of public services.

Q. 31. Write the composition of the State Public Service Commission.

Ans.— The State Public Service Commission consists of a Chairman and some other members. The number of members of the State Public Service Commission is not fixed. The State Governor can increase as well as decrease the number of the members of the Commission.

Q. 32. Make two distinctions between Political Executive and Permanent Executive.

Ans.— (i) Political executive is completely mixed with political parties as it is elected on political basis. On the other side, permanent executive does not take part in politics. The civil servants neither become the members of political parties nor can they contest Parliamentary and Assembly elections.

(ii) Political executive undergoes a change according to the change of politics. In India and England parliament can remove executive before its expiry term by passing a no-confidence motion, but civil servants remain in office till a definite age.

Q. 33. Mention any two shortcomings in Indian Civil Services.

Ans.— (i) Indian Civil Administrative Services are conservative and traditionalist. Indian Administrative services are not responsive to the needs of the people.

(ii) Indian Administrative Services are inefficient and there is a dominance of corruption in every sphere of administration.

Q. 34. Mention two features of Indian Civil Services.

Ans.— (i) The members of All India Services are appointed on merit basis. Generally recruitment is made through competitive examination.

(ii) Political neutrality is another feature of Indian Civil Services. Indian civil servant has to remain neutral from political viewpoint. They are neither the member of any political party nor they are connected with any of them.

Long Answer Type Questions

Q. 1. Describe briefly the powers of the President of India.

Ans.— Following are the powers of the President :

1. Executive Powers :

(i) All executive functions of the Union (central) Government are performed in the name of the President.

(ii) He appoints the Governors, Chief Justices and other judges of the Supreme Court and High Courts.

(iii) He appoints the Attorney General of India and members and Chairman of the Union Public Service Commission.

(iv) He is the supreme commander of the armed forces.

2. Legislative Powers :

(i) He can address both the houses of the Parliament and can send the message to either houses at any time.

(ii) He can summon any house of the Parliament at any time.

(iii) He can prorogue both the houses of the Parliament.

(iv) He gives his assent to the Bills passed by the Parliament.

3. Financial Powers :

(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 Bill can only be introduced in the Parliament on the recommedation of the President.

4. Judicial Powers :

(i) The President appoints the judges and the chief justices to the Supreme Court and the state High Court.

(ii) He has the power to pardon, reprieve and commute punishment.

5. Emergency Powers :

(i) If the President thinks that the security of the country is threatened by a war or external aggression or armed rebellion endangering the integrity of India, he can declare an emergency for the whole of the India or any part of it. But the advice should come from the Council of Ministers in writing.

(ii) 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.

(iii) 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.

Q. 2. Explain the legislative powers of the Indian President.

Ans.— Following are the legislative powers of President provided by Art. 123 of the Constitution.

1. 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.

2. 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.

3. Nominate 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.

4. 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.

5. He gives approval to money bills passed by the State Legislatures.

6. 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 joint session.

7. Power to Send Messages : He can send messages to any House from time to time.

8. Ordinance : During the intervals of the session of the Parliament he can issue ordinances. These ordinances have the force of laws. of the President.

Q. 3. Write down the Executive powers of the President ?

Ans.— 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.

1. Administration is run in the name of the President : The entire administration of India is conducted in his name and all government decisions. are formally announced as his decisions. Laws passed by the Parliament are promulgated in his name.

2. Appointments : (i) He appoints the Prime Minister and other ministers on the advice of the Prime Minister (ii). He appoints the Attorney General, the Comptroller and the Auditor General, Judges of the Supreme Court and the High . Courts, the Chairman and Members of the Union 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, Scheduled 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.

3. 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 employ forces without the sanction of the Parliament or in anticipation of the sanction by the Parliament.

4. Powers 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 representative of other states which have been recognised by Parliament.

5. 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 law.

6. Administration of Union Territories : Article 239 provides that every union territory shall be administered by the President acting through an administrator. The administrator is appointed by the President.

Q. 4. Explain the Emergency powers of the Indian President.

Ans.— 1. Emergency Powers. The President enjoys the following three types of Emergency Powers. Given in parts XVIII of the Constitution :

(i) National Emergency. In case of armed rebellion or foreign aggression or threat there to, he can declare emergency. According to 42nd Amendment he can declare such emergency even in any part of the country. In case he declares such emergency, the Union Government acquires very vast powers and it controls the administration of the states. Such emergency needs the approval of the President within one month of its declaration. It was first declared in 1962 when China attacked India.

(ii) State Emergency. In case, the Constitutional machinery fails in a state, he can declare a state of emergency there. The power was first used on 29th June 1951, when the President declared state of emergency in Punjab. Later on it was imposed in other states also. According to 42nd Amendment such an emergency has to be approved by the Parliament within two months of its declaration. It can be approved for six months at a time (44th amendment).

(iii) Financial Emergency. In case the financial stability of the country is in danger, the President can declare Financial Emergency. It has also got to be approved by the Parliament within two months of its declaration.

Under this type of emergency, the Centre can advise the states on financial matters. The President can alter the normal allocation between the Centre and the States..

2. Position. The President exercises all the above powers with the advice of Council of Ministers headed by the Prime Minister. Earlier it was only a convention that the President will act on the advice of his Ministers. The 42nd Amendment has given a legal shape to this convention by amending Art. 74 and laying down that “There shall be a Council of Ministers with the Prime Minister at the head to aid and advice, the President, who shall in the exercise of his functions act in according to his advice.” Dr. Ambedkar also expected, “He will be generally bound by the advice of ministers. He can do nothing contrary to their advice.”

Q. 5. Discuss the powers and functions of the Council of Ministers.

Ans.— 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 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 the ministers has one or more departments under his charge and he has to look after its working and administration.

3. Appointments : Important appointments are made on the advice of the Council of Ministers.

4. 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.

5. Legislative Powers : Most of the bills are introduced in the Parliament by the ministers. They explain the policy and the purpose of the bills to the parliament. Laws in the parliament are enacted in accordance with the wishes of the Cabinet. The President issues ordinance on the advice of the ministers.

6. Financial Powers : The budget is prepared by the Finance Minister in consultation with other ministers. Money-bills can only be introduced by the minister.

7. As Advisory body to the President : According to Article 74 the Cabinet is the main advisory body to the President.

8. Coordinating Agency : The Cabinet Coordinates the activities of different departments. The Cabinet is the agency where inter-departmental disputes are resolved and differences sorted out by the superior intervention of the. Prime Minister.

INDIAN JUDICIARY-SUPREME COURT AND HIGH COURTS

INTRODUCTION

Judiciary : An institution empowered to administer Justice.

Integrated Judiciary : Indian Constitution establishes an integrated judiciary with the Supreme Court as the highest judicial authority in the country.

Composition of the Supreme Court : At present Supreme Court consists of one Chief Justice and 33 other judges.

Ad-hoc Judges. The Constitution also provides for the appointment of ad-hoc judges in case of lack of quorum of any session of the court.

Appointment of Judges. Judges of the Supreme Court are appointed by the President.

He should have worked as a judge in any of the High Courts continuously for not less than five years.

Term. Judges of the Supreme Court hold office till they complete the age of 65 years.

Removal. The Judge can be removed from office by the President on the ground of proved misbehaviour or incapacity.

Salary. The Chief Justice of Supreme Court gets a salary of Rs. 2,80,000 per month and the other Judges Rs. 2,50,000 per month.

Jurisdiction and Functions : The Jurisdiction of the Court may be divided into three categories-Original, Appellate and Advisory.

High Court : The High Court is the highest Court in the State. Each High Court has a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.

Judges of the High Court are appointed by the President.

Jurisdiction 1. Judicial Powers 2. Administrative Powers.

OTHER IMPORTANT QUESTIONS

Very Short Answer Type Questions

Q. 1. Which is the apex court in India ?

Ans.— The Supreme Court.

Q. 2. Where the Supreme Court is situated ?

Ans.— The Supreme Court is situated at New Delhi.

Q. 3. Who appoints the Chief Justice of Supreme Court ?

Ans.— The President of India appoints the Chief Justice of Supreme Court.

Q. 4. Who appoints the Judges of the Supreme Court ?

Ans.— Judges of the Supreme Court are appointed by the President on the advice of Chief Justice of the Supreme Court.

Q. 5. Who was the first woman judge of Supreme Court ?

Ans.— Ms. Meera Sahib Fatima Bibi was the first woman judge of the Supreme Court.

Q. 6. Mention the qualifications to be a judge of the Supreme Court.

Ans.— (i) A person must be a citizen of India.

(ii) He must have been a judge of one or more High Courts for five successive years or must have been an advocate of one or more High Courts for ten successive years.

Q. 7. What is the tenure of judges of Supreme Court ?

Ans.— Judges of the Supreme Court hold office till they complete the age of 65 years.

Q. 8. Mention the salary of the judges of Supreme Court.

Ans.— The Chief Justice of Supreme Court is entitled a monthly salary of 2,80,000 per month while other judges of Supreme Court are given 2,50,000 per month.

Q. 9. Can the salary of judges of Supreme Court be reduced during their tenure ?

Ans.— The salary of judges can be reduced in financial emergency only.

Q. 10. How the judges of Supreme Court can be removed ?

Ans.— The judges of Supreme Court can be removed by impeachment only.

Q. 11. Who can remove the judges of Supreme Court ?

Ans.— The Judges of Supreme Court can be removed by the President after an address by each House of the Parliament has been presented to the President for such removal on the ground of proved misbehaviour or incapacity.

Q. 12. Can the cases of Fundamental Rights be directly taken to Supreme Court ?

Ans.— Yes, the Supreme Court has original Jurisdiction regarding Fundamental Rights.

Q. 13. Who can seek advice from the Supreme Court ?

Ans.— The President can seek advice from the Supreme Court in matters of law and fact.

Q. 14. What is Judicial Review Power ?

Ans.— It means that the court is guardian of the Constitution and it can declare any law and executive order to be unconstitutional if it is violative of the Constitutional provisions.

Q. 15. What do you mean by court of record ?

Ans.— It means that the decisions taken by Supreme Court became a law for the lower court.

Q. 16. Can any judge of the Supreme Court do legal practice after his retirement ?

Ans.— No Judge of the Supreme Court can do legal practice after his retirement.

Q. 17. Mention any two writs which Supreme Court can issue for the enforcement of Fundamental Rights ?

Ans.— (i) The Writ of Habeas Corpus.

(ii) The Writ of Mandamus.

Short Answer Type Questions

Q. 1. What are the qualifications of the Judge of Supreme Court ?

Ans.— A candidate for appointment as a Judge of the Supreme Court must fulfil the following qualifications :

(i) He must be a citizen of India.

(ii) He must have been a judge of the High Courts for five years.

(iii) He must have been an advocate of one or more High Courts for ten years.

(iv) If in the opinion of the President, he is a distinguished jurist.

Q. 2. Mention four functions of the Supreme Court of India.

Ans.— (i) The Supreme Court decides election disputes of the President and Vice-President.

(ii) The Supreme Court exercises advisory functions.

(iii) The Supreme Court is the court of record.

(iv) The Supreme Court has original and appellate jurisdiction.

Q. 3. What are the advisory powers of the Supreme Court ?

Ans.— Article 143 provides that if any time it appears to the President that a question of law or fact has arisen or is likely to arise which is of public importance, he may refer the question to the Supreme Court for consideration and opinion. The opinion of the Supreme Court is not binding on the President.

Q. 4. Enumerate the miscellaneous powers of the Supreme Court.

Ans.— (i) The Supreme Court has the power to inspect and supervise the working of the subordinate courts.

(ii) Election petition of the Presidential and Vice-Presidential elections are filed directly in the Supreme Court.

(iii) The Supreme Court has the power to hear cases relating to Income Tax Act, Custom Act, etc.

Q. 5. State the original jurisdiction of the Supreme Court.

Ans.— Cases relating to the following matters are brought directly to the Supreme Court :

(i) Disputes between the Union and one or more States regarding the division of powers or any constitutional dispute.

(ii) Disputes between States.

(iii) Cases relating to the Fundamental Rights.

(iv) Cases involving a point of law, i.e. where interpretation of the constitution is involved.

Q. 6. The Supreme Court is the guardian of the Constitution. Discuss.

Ans.— The Supreme Court is the final interpreter and the protector of the Constitution. It is the responsibility of the Supreme Court to uphold the supremacy of the Constitution. The Supreme Court has been given the power of judicial review. The Supreme Court can declare any law or executive order unconstitutional if it is contrary to the provision of the Constitution. Thus the Supreme Court is the guardian of the Constitution.

Q. 7. The Supreme Court has guaranteed the fundamental rights to the citizens. Discuss.

Ans.— The Constitution makes the Supreme Court the ultimate Guardian of the fundamental rights of the citizen. The Supreme Court has power to issue orders, directives and write of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, or any of them for the enforcement of fundamental rights. Thus the Supreme Court has guaranteed the Fundamental Rights to the citizens.

Q. 8. Mention the various writs which the Supreme Court can issue for the enforcement of fundamental rights.

Ans.— For the enforcement of Fundamental Right the Supreme Court can issue the following direction or order or writs :

(i) The Writ of Habeas Corpus.

(ii) The Writ of Mandamus.

(iii) The Writ of Quo-Warranto.

(iv) The Writ of Prohibition.

(v) The Writ of Certiorari.

Q. 9. The Supreme Court is the highest court of appeals. Discuss.

Ans.— The Supreme Court has appellate jurisdiction on the decisions of the High Courts and those of other tribunals. The Supreme Court can grant special permission to appeal from any judgement or order in any cause or matter passed or made by any court or Tribunal in the territory of India. Thus Supreme Court is the highest court of appeal.

Q. 10. The President can remove a judge. Discuss.

Ans.— The judge can be removed from office by the President after an address by each House of the Parliament supported by a majority of the total membership of that House and by a majority of not less two-thirds of the members of that House present and voting, has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.

Q. 11. It is necessary to safeguard Independence of Judiciary. Give reason.

Ans.— Independence of Judiciary is essential to maintain the impartiality of judges. The judges can perform their duties fearlessly only in the atmosphere of independence. Only independent judiciary can provide fair and speedy justice. It is an independent judiciary alone which can secure the fundamental rights of the citizens guaranteed by the Constitution.

Q. 12. What steps have been taken to make independent Judiciary in India ?

Ans.— (i) In India methods of the appointment of the judges is deviced in such a way that only able persons could become the judges.

(ii) The judges of Supreme Court and High courts are given a very good salary.

(iii) The judges are kept in service for a pretty long period.

(iv) Legal qualifications have been prescribed to become the judges of the Supreme Court and the High Court.

(v) Judiciary has been given vast powers in India.

Long Answer Type Questions

Q. 1. Discuss the composition, appointment and qualification of the Judges of Supreme Court.

Ans.— The Supreme Court established under the Indian Constitution Art. 124. 151 is the highest Judicial authority in the country.

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

1. Composition of the Supreme Court : At the time of the commencement of the Constitution, the Supreme Court consisted of eight judges, including the Chief Justice. But Article 124 empowers the Parliament to determine and raise the number of Judges. In April, 1986 the number of Judges was increased from 17 to 25. In January 2009 the number of judges increased from 25 to 30. Thus at present Supreme Court consists of Chief Justice and 30 other Judges.

Ad-hoc Judges : The Constitution makes provision for the appointment of adhoc judges also. Ad-hoc judges are appointed by the Chief Justice of India with the prior consent of the President from among the judges of any High Court duly qualified to be a judge of the Supreme Court for such period as may be necessary.

Appointment of the Judges. The Chief Justice of India is appointed by the President in consultation with such judges of the Supreme Court and High Courts as he may deem fit. In the appointment of other judges of the Supreme Court, the Chief Justice of India must be consulted by the President. On Oct. 28, 1998, the Supreme Court held that recommendations made by the Chief Justice of India on the appointment of Judges to the Supreme Court without following the consultation process are not binding on the Supreme Court.

2. Qualifications for Appointment of Judges : A candidate for appointment as a Judge of the Supreme Court must fulfil the following qualifications :

(i) He should be a citizen of India. .

(ii) Must have been a judge of one or more High Courts for five successive years or must have been an advocate of one or more High Courts for ten successive years.

(iii) If in the opinion of the President, he is a distinguished jurist.

Q. 2. With reference to the Supreme Court, explain the following :

1. Term of office of Judges.

2. Removal of Judges.

3. Salary and Allowances of Judges.

4. Immunities of Judges.

Ans.— 1. Term of Office : Judges of the Supreme Court hold office till they complete the age of 65 years. In case of any discrepancies about the age of a Judge, the decision of the President shall be final. A Judge may resign his office by writing to that effect to the President before the completion of his tenure.

2. Removal of Judges. Judges of the Supreme Court can be impeached, if they are found guilty of misusing their power, or of acting against the provisions of the Constitution. The procedure for impeachment of a judge of the Supreme Court is the same as that followed for the impeachment of the President of India.

If the Parliament passes a resolution against a judge by 2/3 majority of the present and voting members, he is then removed by the President. The method of their removal has been deliberately kept difficult so that they may function independently.

3. Salaries and Allowances of Judges : The Chief Justice gets a salary of 2,80,000 per month and the other Judges 2,50,000 per month. Every Judge of the Supreme Court is entitled without payment of rent to the use of an official residence.

4. Immunities of Judges : The Constitution provides that there can be no discussion in Parliament on the conduct of a judge in the discharge of his official duties. Nor can the actions and decisions of the Judges in their official capacity be subject to criticism so as to impute motive of any kind.

Q. 3. With reference to the Judiciary, write short notes on the following :

(a) Original Jurisdiction of the Supreme Court.

(b) Appellate Jurisdiction of the Supreme Court.

Ans.— The Indian Supreme Court had very wide and vast powers. The Supreme Court has an extensive Jurisdiction-both original and Appellate.

(a) Original Jurisdiction. Original Jurisdiction means cases which start in the Supreme Court and regarding which the Supreme Court has the exclusive jurisdiction. The Supreme Court in its original jurisdiction entertains suits in the following cases :

(i) Centre State Disputes : 1. Disputes between the Government of India and one or more States.

2. Disputes between the Government of India and any one state or states on one side and one or more other states on the other.

(ii) Inter-State Disputes. Disputes between two or more States.

(iii) Interpretation of the Constitution : All cases where interpretation of the Constitution is involved can be directly filed in the Supreme Court.

(iv) Disputes Relating to Fundamental Rights : Cases relating to violation or denying the fundamental rights can directly be brought before the Supreme Court. It is both the jurisdiction as well as the responsibility of Supreme Court to issue orders, directions and writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto and Certiorari, or any of them for the enforcement of fundamental rights. However, this jurisdiction of the Supreme Court is not exclusive. State High Courts have also given similar powers.

(v) To decide election disputes of the President and Vice-President : The Supreme Court is also empowered to decide election dispute relating to the President or the Vice-President of India and in this regard the Supreme Court’s decision is final and binding.

(b) Appellate Jurisdiction : The Appellate jurisdiction of the Supreme Court can be divided into three main parts-Constitutional, Civil and Criminal.

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

(ii) Appeals in Civils Cases : As regards appeals in Civil Cases, the 30th Amendment provides for the right to appeal to the Supreme Court on any judgement a High Court involves a substantial question of law of general importance and if in the opinion of the High Court the said question needs to be decided by the Supreme Court.

(iii) Appeal in Criminal Cases : As regards criminal cases the Constitution provides that an appeal shall lie to the Supreme Court from any judgement, final order or sentence in a criminal proceeding of a High Court if,

1. the High Court has on an appeal reversed an order of acquittal of an accused person and sentenced him to death; or

2. the High Court has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or

3. the High Court certified that the case is fit for appeal to the Supreme Court.

Power to Grant Special Leave to Appeal. The Supreme Court can itself grant special leave to appeal before it against a judgement passed by any Court in India. Even if the High Court does not certify that the case is fit for appeal to the Supreme Court, the Supreme Court may grant special leave to appeal if it is satisfied that a grave injustice has been done.

Q. 4. Discuss how far the Judiciary of India is independent.

Ans.— Indian Judiciary is independent and efficient to work in accordance with democratic principles. Indian Judiciary is independent in many ways for instance :

(i) Judicial administration is independent of the federal and state administration.

(ii) The judiciary has been given vast powers in India. The judiciary is free to give a decision against the Government.

(iii) No Government official or a private individual can interfere in the working of a judiciary.

(iv) To save the Constitution of India against arbitrary interpretations by other organs of government, the Supreme Court is made free to interpret the Constitution.

(v) To maintain the dignity of Indian Judicial system the judiciary in India is made free to institute ‘contempt of court’ proceeding against that person who shows disrespect to the court.

(vi) The Supreme and High Courts of India can declare a law, passed by legislature, null and void if it violates fundamental rights and provisions of the Constitution.

(vii) In India the Judges of the Supreme Court retire at the age of 65.

(viii) To provide financial securities Judges are given good salary. The Chief Justice of the Supreme Court gets Rs. 100000 whereas other judges get Rs. 90,000. Judges get pension after retirement.

(ix) Judges of the Supreme Court enjoy security of service. Judges can be removed only through the method of impeachment.

(x) Judges of the Supreme Court are appointed by the President on the recommendation of the Chief Justice. Moreover, the qualifications of the judges are mentioned in the Constitution.

Q. 5. Describe the composition of the High Court.

Ans.— There is a Chief Justice and some other judges in a high court. Their number is not fixed. The President decides the number from time to time. The Chief Justice and other judges of the high court are appointed by the President on the recommendations of the Chief Justice of the Supreme Court. But before giving recommendations, the Chief Justice of the Supreme Court should consult Court. The Supreme Court said, “Merit two senior most judges of the Supreme should be the predominant factor while making any recommendation for appointment as judges.” If the High Court has surplus work or its work has been increased temporarily, the President can appoint additional judges on adhoc basis for a period of two years. If a judge abstains for a long time or is incapable of his work, the President can dismiss him.

Q. 6. Describe the Appellate Jurisdiction of the High Court.

Ans.— The appellate jurisdiction of the High Court extends to both Civil and Criminal Cases.

(i) The High Court can hear appeals in civil cases if the amount involved in the case is at least Rs. 5000 or the dispute involves a property of that amount.

(ii) The High Court can hear appeals in criminal cases in which the accused has been sentenced to four years’ imprisonment by the Session Judge.

(iii) The Session Judge of a District can award death sentence in criminal cases. But such a sentence is subject to the approval of the High Court.

(iv) The High Court can hear appeals against the decisions of the lower courts in most of the revenue cases also.

(v) Any case involving the interpretation of the Constitution or law is brought to the High Court in appeal.

(vi) Appeal in cases of income tax, sales tax etc. can be heard by the High Court.

Q. 7. Describe the Jurisdiction of a High Court.

Ans.— Original Jurisdiction : Some cases can directly be brought to a High Court. They are cases relating to Fundamental Rights, wills, divorce, marriages, contempt of court etc. Election disputes can also be heard by the High Court.

Appellate Jurisdiction : The High Court can hear appeals against the decisions of the District Courts. Appeals against all the decisions of the subordinate courts in civil, revenue and criminal cases can be brought to the High Court.

Administrative Powers : The High Court supervises the working of the subordinate courts. It can make rules and regulations for their work and inspect their records. It can transfer cases from one court to another. All appointments, transfers and promotions of District Judges are made by the Governor in consultation with the Chief Justice of the High Court of the State.

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JKBOSE 9th Class Social Science Solutions Chapter 4 Working Of Institutions