Date: First Term- ( ) Political Science (Ans Key) Class: XI 1 Till January 2006, how many times has the constitution been amended?
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1 Date:.09.First Term- (0-5) Political Science (Ans Key) Class: XI Till January 00, how many times has the constitution been amended? 93 On what grounds can the judge of a Supreme Court or High Court be removed? Proved misbehavior or incapacity 3 Explain any one power exercised only by the Rajya Sabha. Removal of Vice President Permission to legislate on State List (any ) How can Lok Sabha be dissolved? If no party or coalition can form the govt or if the PM advices the President to dissolve the Lok Sabha and hold fresh elections. 5 Name two countries that conduct elections according to PR system of election. Israel, Netherlands, Argentina, Portugal What are reserved constituencies? How are they different from separate electorates? Reserved constituency- seat reserved, electorate general Separate- seat reserved, voters from that community only 7 Fill in the blanks: Article of the Constitution explicitly clarifies that a policy like will not be seen as a violation of the right to equality. (), reservation 8 What is meant by special majority? /3 present and voting ½ of total membership 9 Give the definition of an urban area according to the Census of India. An urban area is defined as- Minimum population of 5000, At least 75% of male working population engaged in non-agricultural occupations, Density of population of at least 00 persons per sq. km. 0 Explain any two provisions of the 73 rd Amendment Act.. Three tier structure- All states now have a uniform 3 tier structure. At the base is the Gram Panchayat, then Mandala, then the Zilla Parishad.. Elections- All the three levels of Panchayati Raj institutions are directly elected by the people. The term of each Panchayat body is 5 years. 3. Reservations- /3 of the positions in all panchayat institutions are reserved for women. Reservations for Scheduled Castes and Scheduled Tribes are also provided for at all the three levels, in proportion to their population.. Transfer of subjects- 9 subjects, which were earlier in the State list of subjects, are identified and listed in the th Schedule of the Constitution. 5. State Election Commissioners- The State govt. is required to appoint a State Election Commissioner who would be responsible for conducting elections to the Panchayati Raj institutions.. State Finance Commission- The State govt. is required to appoint a State Finance Commission once in five years. (any two) Why do we need a constitution? The first function of a constitution is to provide a set of basic rules that allow for minimal coordination amongst members of a society. The second function of a constitution is to specify who has the power to make decisions in a society. It decides how the governments will the constituted. The third function of a constitution is to set some limits on what a government can impose on its citizens. These limits are fundamental in the sense that government may never trespass them. The fourth function of a constitution is to enable the government to fulfill the aspirations of a society and create conditions for a just society. The constitution expresses the fundamental identity of the people. (any ) Explain briefly the three Lists mentioned in the Constitution that divides powers between the Centre and the States? What are Residuary powers? There are three lists- Union List- Union Legislature can alone make laws on these matters. State List-Normally only the State Legislature can make laws on these matters. Concurrent List- Both Union and State Legislatures alone can make laws on these matters.
2 Residuary Powers- Includes all other matters not mentioned in any of the 3 lists. Union legislature alone has the power to legislate on such matters. Example- Cyber Laws. 3 What was the landmark judgment given by the court in 973 in the Kesavanand Bharti case? Keshavanand Bharti case-. Parliament cannot amend the basic structure of the constitution.. Parliament can amend the constitution but within limitations. 3. Judiciary is the final authority on basic structure. Rt to property not the part of basic structure. Why did India adopt the FPTP system of election?. Simplicity. Voters know who their representatives are. 3. Suitable for giving a stable govt. in a parliamentary democracy. Encourages voters from different social groups to come together to win an election in a locality. (With explanation) 5 The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the Cabinet Mission. What were its main provisions? The Constituent Assembly was composed roughly along the lines suggested by the plan proposed by the committee of the British cabinet, known as the Cabinet Mission (9). Its main provisions were- Each Province and each Princely State or group of states were allotted seats proportional to their respective population. The Provinces were to elect 9 members while the Princely States were allotted a minimum of 93 seats. The seats in each Province were distributed among the three main communities, Muslims, Sikhs and general, in proportion to their respective populations. Members of each community in the Provisional Legislative Assembly elected their own representatives by the method of proportional representation with single transferable vote. The method of selection in the case of representatives of Princely States was to be determined by consultation. Explain the rights of the accused. Not guilty till declared, Lawyer of choice. No person would be punished for the same offence more than once No law shall declare any action as illegal from a backdate No person shall be asked to give evidence against himself. 7 According to our Constitution, everyone enjoys the right to follow the religion of his or her choice. This freedom is considered as a hallmark of democracy In India, everyone is free to choose a religion and practice that religion. i) Under the freedom of religion, what is meant by freedom of conscience? Person may choose any religion or chose not to follow any religion. ii) What are the limitations on freedom to religion? Explain with examples. Subject to restrictions imposed by the govt. in order to protect public order, morality and health. The govt. can interfere in religious matters for rooting out social evils. iii) According to the constitution, how should the government ensure equality of all religions? Equal treatment, No official religion, No discrimination in matters of public employment on the basis of religion. No religious edu, No discrimination while giving grants. 8 Answer the following questions based on the above cartoon. Pg.0 i) Who is the final authority in matters of regulating the business of the legislature? The presiding officer of the legislature ii) What is defection? If a member remains absent in the House when asked by the party leadership to remain present or votes against the instructions of the party or voluntarily leaves the membership of the party, it is called defection. iii) When was the anti-defection law passed? What is its main provision? 5 nd Amendment, 985. Modified by the 9 st am. Legislator who is elected on one party ticket not to defect to another party.. If proved, member loses membership of House. 9 There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice. Provided that the President may require the Council of Ministers to reconsider such advise. 5(++) 5(++) 5(++)
3 i) Which Article is being referred to in the above passage? 7() ii) What does the term shall in the above passage signify? Advice is binding on the President. Can ask to reconsider such advice but has to accept the reconsidered advice of COM. iii) Explain any two discretionary powers of the President. The President has a right to be informed of all important matters and deliberations of the Council of Ministers. The PM is obliged to furnish all the information that the President may call for. The President often writes to the PM and expresses his views on matters confronting the country. 3 Situations- President can send back the advice given by the Council of Ministers and ask the Council to reconsider the decision. The President also has veto power by which he can withhold or refuse to give assent to Bills. Also Pocket Veto. The President appoints the PM. With the rise of coalition politics, President s role in choosing the PM has become more important. (any two) 0 Answer the following questions based on the above cartoon. (pg 35) i) What does the above cartoon signify? Judicial activism. Judiciary declaring postal strike as illegal. ii) What is PIL/SAL? When did it emerge? Public Interest Litigation/ Social Action Litigation Trend started by courts. iii) Give two points to explain the negative sides of PILs. i) Overburdened the judiciary. ii) Judicial activism has blurred the line of distinction between the executive and legislature on the one hand and the judiciary on the other. The superintendence, direction and control of the preparation of the electoral rolls for and the conduct of, all elections to Parliament and to the legislature of every State and of elections to the offices of President and Vice President shall be vested in a Commission. i) Which Article is being referred to in the above passage? 3 ii) Who assists the Election Commission in the States? Who conducts the elections to Local government? Chief Electoral Officer in each state to assist the CEC. Elections to Local Govt.- State Election Commissioners. iii) How is the CEC elected? What is his tenure? Appointed by the President on the advice of the Council of Ministers. Term- yrs or age of 5. Why is the nd amendment known as a controversial amendment? What changes did it bring in the Indian constitution? nd amendment affected large parts of the constitution. It sought to make changes in many crucial parts of the Constitution. It was an attempt to override the ruling of the Supreme Court given in Kesavanand Bharti case. Done during internal emergency in 975. Extended the term of Lok Sabha from 5 yrs. to yrs. Made changes to the Preamble. Introduction of Fundamental Duties Put restriction on review powers of the Judiciary. Changes in the Seventh Schedule dealing with distribution of powers between Center and states. Changed 53 articles of the constitution. What are writs? Explain the different types of writs that can be issued by the courts of India? Writs are special orders of the courts. Habeas corpus- (Produce the body) - court orders that the arrested person should be presented before it. Also order to set free an arrested person if the manner or grounds of arrest are not lawful or satisfactory. Mandamus-(Command) - issued when the court finds that a particular office holder is not doing 5(++) 5 (++)
4 legal duty and thereby is violating the right of an individual. Prohibition- Issued by a higher court when a lower court has considered a case going beyond its jurisdiction. Quo Warranto- (What is your authority)- If the Court finds that a person is holding an office to which he does not have authority, it issues this writ and stops that person from exercising the authority. Certiorari- Court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court. 3 Explain the three different types of Executive system in the world with examples. In Presidential system the President is the Head of the State as well as the Head of the Govt. Usually directly elected by the people and not accountable to legislature. Ex. USA, Brazil. In Semi presidential system President is the Head of the State and PM is the Head of the Govt. PM and his Council is responsible to legislature. The President may possess some real powers. Ex. France, Russia, Sri Lanka. In Parliamentary system Prime Minister is Head of the State, President/Monarch is the Head of the State, PM is the leader of the majority party in the legislature and accountable to legislature, Ex. UK, Canada, Japan, Italy, Germany, Portugal, etc. Explain the substantive and the procedural achievements of the Indian constitution. Substantive Achievements-.Reinforces and reinvents forms of liberal individualism.. Upholds the principle of social justice without compromising on individual liberties. 3. Upholds its commitment to group rights/ Secularism. Universal Franchise 5. Federalism Procedural Achievements-. Reflects a faith in political deliberation.. Reflects a spirit of compromise and accommodation. (Any six with explanation) Discuss three criticisms and three limitations of the Indian constitution. Criticisms-. Unwieldly, not compact. Unrepresentative 3. Alien document Limitations-. Has a centralized idea of national unity.. Ignored gender justice 3. Certain socio economic rights relegated to Directive Principles. (With explanation) Explain the functions of the Indian Parliament.. Legislative. Control of Executive. Financial function 3. Representation Debating Function 5. Constituent Function. Electoral Function 7. Judicial Function 5 What are the important provisions in the constitution which create a strong central government?. Parliament can create new states. National emergency 3. Financial powers. Governors role and President s Rule 5. Can legislate on State list. Integrated administrative system. 7. Protection of persons in the service of the Union. (Any six with explanation) Discuss the different ways of amending the constitution. Explain any three important features of the procedure of constitutional amendment as mentioned in Article 38. Three ways to amend:. Similar to ordinary law; simple majority in Parliament, as mentioned in article, 3, etc.. Special majority in Parliament in both Houses separately; as per Art Special majority + Legislatures of half the states: article 38 Features:. All amendments to the Constitution are initiated only in the Parliament.
5 . Besides the special majority in the Parliament no outside agency is required for amending the Constitution. 3. No referendum is required for ratification of the amendment.. President has no powers to send it back for reconsideration. 5. Special majority in Parliament in both Houses separately. No provision for joint session. (any three with expln) What are the advantages of a bicameral legislature? How does the Parliament control the executive?. To give representation to all sections in society and to give representation to all geographical regions or parts of the country.. Makes it possible to have every decision reconsidered. Control of executive-. Deliberation and discussion. Approval or refusal of laws 3. Financial control. No Confidence motion. What does Article 370 of the constitution deal with? Mention its important clauses. Article 370- Special status of Jammu and Kashmir. Clauses-. Concurrence of J&K required for making any laws in matters mentioned in Union list and Concurrent list.. Separate constitution and flag. 3. No emergency due to internal disturbance can be declared.. No financial emergency can be imposed. 5. Directive Principles do not apply.. Amendments under Art. 38 do not apply without concurrence of state. 7 What is Local Self Government? Discuss the achievements and criticisms of the implementation of the 73rd and 7th amendment acts. Third tier of govt. at local level- village and districts. Achievements-. Created uniformity in the structures of Panchayati Raj and Nagarpalika institutions across the country.. Number of elected representatives has increased significantly. 3. Increased the participation of women and backward castes. Criticisms-. Not changed the way in which decisions are taken at the Central and State level.. Very little funds for local bodies. Explain any six provisions borrowed from constitutions of different countries, citing the name of the borrowed country. British Constitution: First Past the Post(FPTP) system of election Parliamentary form of Government The idea of rule of law Institution of the Speaker and his role Lawmaking Procedure (+) United States Constitution Charter of Fundamental Rights Power of Judicial Review and independence of the Judiciary Post of Vice President Irish Constitution: Directive Principles of State Policy French Constitution Principles of Liberty, Equality and Fraternity Canadian Constitution: Quasi Federal Form of government Idea of Residual Powers. (Any to be explained)
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