XI-CHAPTER WISE Qs&As.pdf

8/9/2019 XI-CHAPTER WISE Qs&As.pdf

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Constitution: Why and How?

Q.1 Why do we need a Constitution?Ans: 1.The Constitution provides a set of basic rules that allow for minimal coordinationamong members of society. If there were no rules, there would be chaos. No one wouldknow what members of society could do to each other or who could claim rights overwhat.2.It speci es who has the power to make decisions in society and who makes laws. It

decides how the government will be constituted. !or e"ample, according to the IndianConstitution, the #arliament decides the laws and policies of the country.$.The Constitution sets some limits on what a government can impose on its citi%ens.

The government can not violate these limits. Citi%ens normally have the right to basicliberties such as freedom of speech, freedom of association, freedom of conscience etc.&.The Constitution enables the government to ful l the aspirations of society and createconditions for a 'ust society. !or e"ample, India wants to be free of caste discrimination.(o, the government has been empowered to take the necessary steps to achieve thisgoal.).The Constitution e"presses the fundamental identity of the people. It gives them amoral and political identity.Q.2 How is a Constitution efective?Ans: 1.* Constitution is drafted by people who are respected by all sections of society.

They are people who were able to re+ect the broad national consensus at the time.2.The Constitution gives everyone a reason to go along with its provisions. !or e"ample,a Constitution which allowed the ma'ority to oppress the minority would not be verysuccessful. It preserves the freedom and e uality of all its members.$.-ell framed Constitutions fragment power in society so that no single group cansubvert the constitution. The Indian Constitution, for e"ample, has fragmented powerinto the /"ecutive, 0egislature and udiciary. This ensures that if one group wants tosubvert the Constitution, the others can check its transgressions.&.The Constitution was made by the Constituent *ssembly which had been elected forundivided India. Its members were elected by indirect election by the members of the#rovincial 0egislative *ssemblies that had been established in 1 $).).3embers of all religions were given representation in the Constituent *ssembly. Inaddition, si" members from what were then known as the (cheduled Castes were alsopresent.4.The Constituent *ssembly engaged in public reason. They did not simply advance

their own interests, but gave principled reasons to other members for their positions./very issue was discussed with great sophistication.5.The Constituent *ssembly had eight ma'or committees for on di6erent sub'ects. /achcommittee usually drafted particular provisions of the Constitution which were thensub'ected to debate by the entire *ssembly.1.There was a consensus on the main principles the Constitution should enshrine whichwere included in the 7b'ectives 8esolution of 1 &4. 9ased on this, our Constitution gaveinstitutional e"pression to e uality, liberty, democracy, sovereignty and a cosmopolitanidentity.

2.The Constituent *ssembly spent a lot of time to ensure a balanced arrangement of theinstitutions of government. This led to the adoption of the parliamentary form and thefederal arrangement which would distribute governmental powers between thelegislature and the e"ecutive on one hand and between the states and centralgovernment on the otherQ.3 Diferentiate between a written and unwritten Constitution.


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Written Unwritten* written Constitution is a compactdocument which comprises of anumber of articles about the (tate.

*n unwritten Constitution is a seriesof documents and decisions that arecollectively referred to as theConstitution.

/g: India, ;nited (tates /g: ;nited


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Q./ Why is it necessary #or a country to have a c)ear de!arcation o# *owersand res*onsibi)ities in the constitution? What wou)d ha**en in the absence o#such a de!arcation?Ans: 1.Constitutions are often subverted by small groups who wish to enhance theirown power.2.-ell framed Constitutions fragment power in society so that no single group cansubvert the constitution.$.The Indian Constitution, for e"ample, has fragmented power into the /"ecutive,

0egislature and udiciary.&.This ensures that if one group wants to subvert the Constitution, the others can checkits transgressions.).Through a system of checks and balances, the Indian Constitution has succeeded.4.In the absence of such a demarcation, individual groups would subvert theConstitution and enhance their own power.Q.10 What is the ha))!ar o# a success#u) Constitution?Ans: 1.* constitution must strike the right balance between certain values, norms andprocedures as authoritative, and at the same time allow enough +e"ibility in its

operations to adapt to changing needs and circumstances.2.Too rigid a constitution is likely to break under the weight of change.$.7n the other hand, a constitution that is too +e"ible will give no security to the people.&.(uccessful constitutions strike the right balance between preserving core values andadapting them to new circumstances.Q.11 Why is the &ndian Constitution described as a ")ivin $ docu!ent?Ans: The Indian Constitution is described as a livingD document because by striking abalance between the possibility to change the provisions and the limits on suchchanges, the Constitution has ensured that it will survive as a document respected bypeople. This arrangement also ensures that no section or group can, on its own, subvertthe Constitution. Through Constitutional amendments, changes can be made to theConstitution to adapt to the changing needs of the people.Q.12 What *rocedures were ta en to dra#t the Constitution?Ans: 1.The Constituent *ssembly had eight ma'or Committees on di6erent sub'ects.;sually, awaharlal Nehru, 8a'endra #rasad, (ardar #atel, 3aulana *%ad or *mbedkarchaired these Committees.2.#atel and Nehru disagreed on many issues. Nevertheless, they all worked together./ach Committee usually drafted particular provisions of the Constitution which werethen sub'ected to debate by the entire *ssembly.$./very single argument, uery or concern was responded to with great care and inwriting. The *ssembly met for one hundred and si"ty si" days, spread over two yearsand eleven months.&.Its sessions were open to the press and the public alike.Q.13 What were the !ain *rovisions o# the (b ectives eso)ution o# 1/ 'Ans: 1.India is an independent, sovereign, republic.2.*ll powers and authority of sovereign and independent India and its constitution shall+ow from the people$.The minorities, backward and tribal areas, depressed and other backward classes shall

be provided ade uate safeguards.&.The land would make full and willing contribution to the promotion of world peace andwelfare of mankind.Q.1 What wou)d ha**en i# the Constitution didn$t e4ist?Ans: In the absence of some basic rules, every individual would be insecure simply


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because they would not know what members of this group could do to each other, whocould claim rights over what. *ny group will need some basic rules that are publiclypromulgated and known to all members of that group to achieve a minimal degree ofcoordination. They must also be enforceable.Q.1% What is a constitution?Ans: * constitution is a body of fundamental principles according to which a state isconstituted or governed. It speci es the basic allocation of power in a society. It decideswho gets to decide what the laws will be.

Q.1' Why is it necessary #or a constitution to *)ace )i!itations on the ru)ers?What are these )i!itations?Ans: 1.If a constitution did not place limitations on rulers, they might manipulate laws.

2.They may make laws that are in their own interests, but which do not bene t thecountry at large.$.They may pass laws that are unfair to certain sections of society.&.The most common way of limiting the power of government is to specify certainfundamental rights that all of us possess as citi%ens and which no government can everbe allowed to violate.).Citi%ens will be protected from being arrested for no reason.4.Citi%ens will normally have the right to some basic liberties:to freedom of speech,freedom of conscience,freedom of association,freedom to conduct a trade or business5.In practice, these rights can be limited during times of national emergency and theconstitution speci es the circumstances under which these rights may be withdrawn.

Q.1+ How does the Constitution e4*ress the #unda!enta) identity o# *eo*)e?Ans: 1.7ne has many sets of identities that e"ist prior to a constitution. 9ut by agreeingto certain basic norms and principles, one constitutes oneDs basic political identity.

2.Constitutional norms are the framework within which one pursues individualaspirations, goals and freedoms. The constitution sets constraints upon what one mayor may not do. It de nes the fundamental values that we may not trespass. (o, theconstitution also gives one a moral identity.Q.1, Why did the Constitution draw an enor!ous a!ount o# )e iti!acy?Ans: 1.The Constitution drew enormous legitimacy from the fact that it was drawn up bypeople who en'oyed immense public credibility.2.They had the capacity to negotiate and command the respect of a wide cross sectionof society, and who were able to convince the people that the constitution was not aninstrument for enhancing their personal power.$.The nal document re+ected the broad national consensus at the time.

i hts in the &ndian Constitution

Q.1 What are ri hts?Ans: 8ights are those conditions of social life, maintained by the (tate, for the full andall round development of human personalityQ.2 What is the bi)) o# ri hts?Ans: * democracy must ensure that individuals have certain rights and that the

government will always recognise these rights. Therefore it is often a practice in mostdemocratic countries to list the rights of the citi%ens in the constitution itself. (uch a listof rights mentioned and protected by the constitution is called the bill of rightsD. It

prohibits governments from acting against the rights of individuals and ensures aremedy in case their rights are violated.


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Q.3 5ro! who! does the constitution *rotect the ri hts o# an individua)?Ans: 1.The rights of a person may be threatened by another person or privateorganisation.2.The organs of the government @the legislature, e"ecutive, bureaucracy or even the

'udiciaryA, in the course of their functioning, may also violate the rights of the person.

Q. Why do we ca)) our ri hts "5unda!enta) i hts$?Ans: 1.The word fundamental suggests that these rights are so important that theConstitution has separately listed them.2.The !undamental 8ights are so important that the Constitution itself ensures that theyare not violated by the government.Q.% Diferentiate between 5unda!enta) i hts and other ri hts.Ans:

5unda!enta) i hts (ther i hts#rotected and guaranteed by theConstitution.

#rotected and enforced by ordinarylaw.

3ay only be changed by amendingthe Constitution itself.

3ay be changed by the legislatureby the ordinary process of lawmaking.

Q.' What is the " i ht to 67ua)ity$?Ans: 1.The 8ight to / uality provides for e ual access to public places like shops,hotels, places of entertainment, wells, and places of worship.2.There cannot be any discrimination on the basis of caste, creed, colour, se", religion,or place of birth.$.It also prohibits any discrimination in public employment.&.This right is very important because our society did not practice e ual access in thepast.

).;ntouchability has also been abolished under this right.4.It states that the (tate shall confer no title on a person e"cept those who e"cel in themilitary or academic eld.5.Thus, the right to e uality strives to make India a true democracy by ensuring a senseof e uality of dignity and status among all its citi%ens.Q.+ &n a society with various ine7ua)ities8 how can there be e7ua)o**ortunities?Ans: / uality of opportunity means that all sections of the society en'oy e ualopportunities. The Constitution clari es that the government can implement special

schemes and measures for improving the conditions of certain sections of society:children, women, and the socially and educationally backward classes. (o, reservationsDin 'obs and in admissions do not violate the 8ight to / uality.Q., 6)aborate u*on the " i ht to 5reedo!$.Ans: 1.0iberty means freedom of thought, e"pression and action. Eowever, it does notmean freedom to do anything that one desires or likes.2.Therefore, the 8ight to !reedomD states that every person will en'oy their freedomwithout threatening the freedom of others and without endangering the law and ordersituation.

$.No citi%en can be denied his or her life e"cept by procedure as laid down under thelaw.&.No one can be denied hisFher personal liberty. That means no one can be arrestedwithout being told the grounds for such an arrest. If arrested, the person has the right todefend himself by a lawyer of his choice. *lso, it is mandatory for the police to take thatperson to the nearest magistrate within 2& hours. The magistrate, who is not part of the


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police, will decide whether the arrest is 'usti ed or not.).This right also includes right to live with human dignity, free from e"ploitation.4.The right to shelter and livelihood is also included in the right to life because noperson can live without the means of living, that is, the means of livelihood.Q./ What do you understand by "*reventive detention$?Ans: 1.(ometimes, a person can be arrested out of an apprehension that he or she islikely to engage in unlawful activity and imprisoned for some time without followingregular procedures. This is known as preventive detention.

2.If the government feels that a person can be a threat to law and order or to the peaceand security of the nation, it can detain or arrest that person.$.This preventive detention can be e"tended only for three months.&.*fter three months such a case is brought before an advisory board for review.Q.10 What are the restrictions that have been i!*osed on the i ht to5reedo!?Ans: 1.8estrictions can be imposed in the name of unity, peace, integrity, sovereignty,public order and morality.2.!or e"ample, freedom to assemble is to be e"ercised peacefully and without arms.

$.The government may impose restrictions in certain areas declaring the assembly ofve or more persons as unlawful.Q.11 What are the ri hts o# an accused *erson?Ans: To ensure a fair trial in courts, the Constitution has provided three rights:1.No person would be punished for the same o6ence more than once2.No law shall declare any action as illegal from a backdate$.No person shall be asked to give evidence against himself or herself.Q.12 What is the " i ht a ainst 64*)oitation$?Ans: 1.;nder the 8ight against /"ploitation, begar and human tra=cking have beenprohibited.2.9onded labour has been declared a punishable o6ence.$.The Constitution also forbids employment of children below the age of 1& years indangerous 'obs like factories and mines.Q.13 6)aborate u*on the i ht to 5reedo! o# e)i ion.Ans: 1.*ccording to our Constitution, everyone en'oys the right to follow the religion ofhis or her choice.2.!reedom of religion also includes the freedom of conscience. This means that a personmay choose any religion or may choose not to follow any religion.$.!reedom of religion includes the freedom to profess, follow and propagate any religion.Eowever, the Constitution does not allow forcible conversions. &.!reedomof religion is sub'ect to certain limitations. The government can impose restrictions onthe practice of freedom of religion in order to protect public order, morality and health.).This means that the freedom of religion is not an unlimited right. The government caninterfere in religious matters for rooting out certain social evils.4.!or e"ample, the government has taken steps to ban practices like sati and humansacri ce.Q.1 "&ndia is a secu)ar state.$ 64*)ain.Ans: India is a secular state because:1.India is home to several religions. The

government e"tends e ual treatment to di6erent religions and does not favour anyparticular religion.2.India does not have any o=cial religion.$.There is a guarantee that government will not discriminate on the basis of religion ingiving employment. The institutions run by the state will not preach any religion or give


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religious education nor will they favour persons of any religion.Q.1% What cu)tura) and educationa) ri hts have been *rovided by theConstitution?Ans: 1.7ne of the fundamental rights is the right of the minorities to maintain theirculture.2.3inorities are groups that have a common language or religion and in a particular partof the country or in the country as a whole, they are outnumbered by some other socialsection.

$.(uch communities have a culture, language and a script of their own, and have theright to conserve and develop these.&.*ll minorities, religious or linguistic, can set up their own educational institutions. 9ydoing so, they can preserve and develop their own culture.).The government will not, while granting aid to educational institutions, discriminateagainst any educational institution on the basis that it is under the management ofminority community.Q.1' Why is the ri ht to constitutiona) re!edies ca))ed the "heart and sou)$ o#the Constitution?

Ans: The right to constitutional remedies is called the heart and soul of theConstitutionD because this right gives a citi%en the right to approach a Eigh Court or the(upreme Court in case their fundamental rights are violated.Q.1+ De9ne:1.Habeas cor*us: * writ of habeas corpus means that the court orders that thearrested person should be presented before it. It can also order to set free an arrestedperson if the manner or grounds of arrest are not lawful or satisfactory.2. anda!us: This writ is issued when the court nds that a particular o=ce holder isnot doing legal duty and thereby is infringing on the right of an individual.

3.;rohibition: This writ is issued by a higher court @Eigh Court or (upreme CourtA whena lower court has considered a case going beyond its 'urisdiction..Quo Warranto: If the court nds that a person is holding o=ce but is not entitled tohold that o=ce, it issues the writ of uo warranto and restricts that person from actingas an o=ce holder.%.Certiorari: ;nder this writ, the court orders a lower court or another authority totransfer a matter pending before it to the higher authority or court.Q.1, Why were the Directive ;rinci*)es o# irective #rinciples of (tate #olicy.Q.1/ What do the Directive ;rinci*)es contain?Ans: The chapter on >irective #rinciples lists mainly three things:1.The goals and ob'ectives that we as a society should adopt2.Certain rights that individuals should en'oy apart from the !undamental 8ights


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$.Certain policies that the government should adoptQ.20 What are Directive ;rinci*)es?Ans: >irective #rinciples are a list of principles and guidelines of the Constitution whichwill lead to the establishment of a welfare (tate in India.Q.21 What )aws were *assed by the overn!ent to ive efect to the Directive;rinci*)es?Ans: The government took many steps to give e6ect to the >irective #rinciples.1.They passed several %amindari abolition bills, nationalised banks, enacted numerous

factory laws and "ed minimum wages.2.Cottage and small industries were promoted and provisions for reservation for theuplift of the scheduled castes and scheduled tribes were made.$.(uch e6orts to give e6ect to the >irective #rinciples include the right to education,formation of panchayati ra' institutions all over the country, partial right to work underemployment guarantee programme and the mid day meal scheme.Q.22 =ist so!e Directive ;rinci*)es.Ans: 1.(ocial, economic and political 'ustice2.#romotion of international peace

$./ ual pay for e ual work&.8ight against economic e"ploitation).8ight of children to free and compulsory education4.#romotion of cottage industriesQ.23 What is the re)ationshi* between 5unda!enta) i hts and Directive;rinci*)es?Ans: 1.!undamental 8ights restrain the government from doing certain things while>irective #rinciples e"hort the government to do certain things.2.!undamental 8ights mainly protect the rights of individuals while directive principlesensure the well being of the entire society.6)ection and e*resentationQ.1 Diferentiate between direct and indirect de!ocracy.Ans:

Direct &ndirect* direct democracy is one whereciti%ens directly participate in theday to day decision making andrunning of the government.

In an indirect democracy, citi%enselect representatives who makedecisions and run the governmenton their behalf.

Citi%ens have a direct role to play inpolicy making.

Citi%ens are not actively involved inpolicy making.

!or e"ample: Gram sabhas !or e"ample: #arliamentQ.2 Can we ho)d e)ections without havin de!ocracy?Ans: Hes, we can hold elections without having democracy. * large number of nondemocratic countries also hold elections. Non democratic rulers are very keen topresent themselves as democratic. They do so by holding election in such a way that itdoes not threaten their rule.Q.3 What ru)es does the constitution )ay down about e)ectionAns: 1.-ho is eligible to vote

2.-ho is eligible to contest$.-ho is to supervise elections&.Eow do the voters choose their representatives).Eow are the votes to be counted and representatives electedQ. What do you understand by 5irst ;ast the ;ost


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Ans: ;nder this system:1.The entire country is divided into )&$ constituencies.2./ach constituency elects one representative.$.The candidate who secures the highest number of votes in that constituency isdeclared elected.-hoever has more votes than all other candidates is declared elected.

The winning candidate need not secure a ma'ority of the votes. This method is calledthe !irst #ast the #ost system. In the electoral race, the candidate who has the mostnumber of votes is the winner. This method is also called the #lurality (ystem. This isthe method of election prescribed by the Constitution.

Q.% What is ;ro*ortiona) e*resentation? What are its two variants?Ans: In Israel, once the votes are counted, each party is allotted the share of seats inthe #arliament in proportion to its share of votes. /ach party lls its uota of seats bypicking those many of its nominees from a preference list that has been declared beforethe elections. This system of elections is called the #roportional 8epresentation system.In this system, a party gets the same proportion of seats as its proportion of votes. Inthis system, people vote for a party and not a candidate. Thus, representatives from aconstituency belong to di6erent parties. It has two variants:1.In some countries, like Israel or Netherlands, the entire country is treated as one

constituency and seats are allocated to each party according to its share of votes in thenational election.2.The other method is when the country is divided into several multi memberconstituencies as in *rgentina and #ortugal. /ach party prepares a list of candidates foreach constituency, depending on how many have to be elected from that constituency.

In India, The Constitution prescribes a third and comple" variation of the #8 system forthe election of #resident, Jice #resident, and for the election to the 8a'ya (abha andJidhan #arishads.Q.' Diferentiate between the 5;>; syste! and the ; syste! o# e)ections.

Ans:

5;>; ; The country is divided into smallgeographical units calledconstituencies.

0arge geographical areas aredemarcated as constituencies. Theentire country may be a singleconstituency.

/very constituency elects onerepresentative.

3ore than one representative maybe elected from one constituency.

Joters vote for a candidate. Joters vote for a party.* party may get more seats thanvotes in the legislature.

/very party gets seats in thelegislature in proportion to thepercentage of votes it gets.

* candidate who wins the electionmay not get the ma'ority of thevotes.

* candidate who wins the electiongets the ma'ority of the votes.

!or e"ample: ;(*, India !or /"ample: Israel, NetherlandsQ.+ Why did &ndia ado*t the 5;>; syste!?Ans: 1.The entire election system is e"tremely simple to understand even for commonvoters who may have no specialised knowledge about politics and elections.

2.There is also a clear choice presented to the voters at the time of elections. Jotershave to simply endorse a candidate or a party while voting.$.The !#T# system o6ers voters a choice not simply between parties but speci ccandidates. In other electoral systems, voters are often asked to choose a party and therepresentatives are elected on the basis of party lists.&.*s a result, there is no one representative who represents and is responsible for one


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locality. In constituency based system like the !#T#, the voters know who their ownrepresentative is and can hold him or her accountable.a.The makers of our Constitution also felt that #8 based election may not be suitable forgiving a stable government in a parliamentary system.b.The !#T# system generally gives the largest party or coalition some e"tra bonus seats,more than their share of votes would allow. Thus this system makes it possible forparliamentary government to function smoothly and e6ectively by facilitating theformation of a stable government.Q., What has been the resu)t o# the 5;>; syste!?

Ans: 1.The !#T# system has proved to be simple and familiar to ordinary voters.2.It has helped larger parties to win clear ma'orities at the centre and the (tate level.$. The system has also discouraged political parties that get all their votes only fromone caste or community.Q./ Why did the #ra!ers o# the Constitution decide to reserve constituencies?Ans: 1.7ur Constitution makers were aware of the need to provide a way to ensure fairand 'ust representation to the oppressed social groups.2.Initially, there was a plan for separate electoratesD. This meant that for electing arepresentative from a particular community, only those voters would be eligible whobelong to that community.$.In the constituent assembly, many members e"pressed a fear that this will not suit ourpurposes. Therefore, it was decided to adopt the system of reserved constituencies.&.In this system, all voters in a constituency are eligible to vote but the candidates mustbelong to only a particular community or social section for which the seat is reserved.).There are certain social groups which may be spread across the country. In a particularconstituency, their numbers may not be su=cient to be able to in+uence a victory of acandidate. Eowever, taken across the country they are a signi cantly si%eable group. Toensure their proper representation, a system of reservation becomes necessary.4.This provision was made initially for a period of 1? years and as a result of successiveconstitutional amendments, has been e"tended up to 2?1?. The #arliament can take adecision to further e"tend it, when the period of reservation e"pires.5.The number of seats reserved for both of these groups is in proportion to their share inthe population of India. Today, of the )&$ elected seats in the 0ok (abha, 5 arereserved for (cheduled Castes and &1 are reserved for (cheduled Tribes.Q.10 Who decides which constituency is to be reserved?Ans: 1.This decision is taken by an independent body called the >elimitationCommission.2.The >elimitation Commission is appointed by the #resident of India and works incollaboration with the /lection Commission of India.$.It is appointed for the purpose of drawing up the boundaries of constituencies all overthe country.&.* uota of constituencies to be reserved in each (tate is "ed depending on the

proportion of (C or (T in that (tate.).*fter drawing the boundaries, the >elimitation Commission looks at the composition of population in each constituency. Those constituencies that have the highest proportionof (cheduled Tribe population are reserved for (T.4.In the case of (cheduled Castes, the >elimitation Commission looks at two things: Itpicks constituencies that have higher proportion of (cheduled Caste population, but italso spreads these constituencies in di6erent regions of the (tate. This is done becausethe (cheduled Caste population is generally spread evenly throughout thecountry.Thesereserved constituencies can be rotated each time the >elimitation e"ercise isundertaken.Q.11 What do you understand by "universa) adu)t #ranchise$?Ans: >emocratic elections re uire that all adult citi%ens of the country must be eligibleto vote in the elections. This is known as universal adult franchise. It ensures that allciti%ens are able to participate in the process of selecting their representatives.Q.12 Who has the ri ht to contest e)ections?Ans: 1.*ll citi%ens have the right to stand for election and become the representative of the people.


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2.Eowever, there are di6erent minimum age re uirements for contesting elections. !ore"ample, in order to stand for 0ok (abha or *ssembly election, a candidate must be atleast 2) years old.$.There are some other restrictions also. !or instance, there is a legal provision that aperson who has undergone imprisonment for two or more years for some o6ence isdis uali ed from contesting elections.&.There are no restrictions of income, education or class or gender on the right tocontest elections. In this sense, our system of election is open to all citi%ens.Q.13 What are the #unctions o# the 6)ection Co!!ission?

Ans: 1.It supervises the preparation of up to date votersD list. It makes every e6ort toensure that the votersD list is free of errors like none"istence of names of registeredvoters or e"istence of names of those non eligible or non e"istent.2.It also determines the timing of elections and prepares the election schedule. Theelection schedule includes the noti cation of elections, date from which nominations canbe led, last date for ling nominations, last date of scrutiny, last date of withdrawal,date of polling and date of counting and declaration of results.$.>uring this entire process, the /lection Commission has the power to take decisions toensure a free and fair poll. It can postpone or cancel the election in the entire country ora speci c (tate or constituency on the grounds that the atmosphere is vitiated andtherefore, a free and fair election may not be possible. The Commission also implementsa model code of conduct for parties and candidates. It can order a re poll in a speci cconstituency. It can also order a recount of votes when it feels that the counting processhas not been fully fair and 'ust.&.The /lection Commission accords recognition to political parties and allots symbols toeach of them.Q.1


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3.5rance: In !rance, both the president and the prime minister are a part of the semipresidential system. The president appoints the prime minister as well as the ministersbut cannot dismiss them as they are responsible to the parliament.. a*an: apan has a parliamentary system with the /mperor as the head of the stateand the prime minister as the head of government.%.&ta)y: Italy has a parliamentary system with the president as the formal head of stateand the prime minister as the head of government.'. ussia: 8ussia has a semi presidential system where president is the head of stateand prime minister, who is appointed by the president, is the head of government.

+.@er!any: Germany has a parliamentary system in which president is the ceremonialhead of state and the chancellor is the head of government.Q.% Diferentiate between the *residentia) and *ar)ia!entary syste!.;residentia) ;ar)ia!entary#resident is the head of (tate aswell as of government.

#rime 3inister is the head of government, while the #resident isthe nominal head of state.

The president is powerful both intheory and in practice.

The role of the president is primarilyceremonial.

!or e"ample: ;(*, 9ra%il !or e"ample: ;nited


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$.The #resident is elected indirectly for a period of ve years by the elected 30*s and3#s.&.The #resident can be removed from o=ce only by #arliament by following theprocedure for impeachment. The only ground for impeachment is violation of theConstitution.Q.10 What is the *osition and *ower o# the ;resident?Ans: 1.The #resident is the formal head of the government.2.EeF (he has wide ranging powers. Eowever, these powers are in reality used by the#resident only on the advice of the Council of 3inisters.

$.The #rime 3inister and the Council of 3inisters have support of the ma'ority in the 0ok(abha and so, they are the real e"ecutive. In most cases, the #resident has to follow theadvice of the Council of 3inisters.Q.11 &n what situations can the ;resident e4ercise his *owers usin his owndiscretion?Ans: 1.The #resident can send back the advice given by the Council of 3inisters and askthe Council to reconsider the decision. In doing this, the #resident acts on his owndiscretion. -hen the #resident thinks that the advice has any +aws, or that it is not inthe best interests of the country, he can ask the Council to reconsider their decision.2.The #resident also has veto power by which he can withhold or refuse to give assentto 9ills @other than 3oney 9illA passed by the #arliament. /very bill passed by the#arliament goes to the #resident for his consent before it becomes a law. The #residentcan send the bill back to the #arliament asking it to reconsider the bill.$.If no single party secures a clear ma'ority in the 0ok (abha and a few parties cometogether to form a coalition, the #resident has to use his own discretion in 'udging whocan actually form and run the government and appoints the #rime 3inister.Q.12 What is the !ost i!*ortant #eature o# the *ar)ia!entary e4ecutive?Ans: The most important feature of parliamentary e"ecutive is that the e"ecutive isroutinely under the control and supervision of the legislature.Q.13 What is the ro)e o# the ;ri!e inister?Ans: 1.The Council of 3inisters comes into e"istence only after the #rime 3inister hastaken the oath of o=ce. The death or resignation of the #rime 3inister automaticallybrings about the dissolution of the Council of 3inisters but the demise, dismissal orresignation of a minister only creates a ministerial vacancy.2.The #rime 3inister acts as a link between the Council of 3inisters on the one hand andthe #resident as well as the #arliament on the other. It is this role of the #rime 3inisterwhich led Nehru to describe him as the linchpin of GovernmentD.$.It is also the constitutional obligation of the #rime 3inister to communicate to the#resident all decisions of the Council of 3inisters relating to the administration of thea6airs of the ;nion and proposals for legislation.&.The #rime 3inister is involved in all crucial decisions of the government and decideson the policies of the government.

).Thus, the power wielded by the #rime 3inister +ows from various sources: control overthe Council of 3inisters, leadership of the 0ok (abha, command over the bureaucraticmachine, access to media, pro'ection of personalities during elections, pro'ection asnational leader during international summits as well as foreign visits.Q.1 ention the deve)o*!ents that have resu)ted in a rowin discretionaryro)e o# the ;resident in the se)ection o# the ;ri!e inister.Ans: (ince 1 B , we have witnessed many coalition governments in India. 3any of these governments could not remain in power for the full term of the 0ok (abha. Theywere either removed or they resigned due to loss of support of the ma'ority. Thesedevelopments have resulted in a growing discretionary role of the #resident in theselection of #rime 3inisters.Q.1% What have been the efects o# the deve)o*!ent o# an increasin nu!bero# coa)ition *arties in &ndia?Ans: 1.These developments have resulted in a growing discretionary role of the#resident in the selection of #rime 3inisters.2.The coalitional nature of Indian politics in this period has necessitated much moreconsultation between political partners, leading to erosion of prime ministerial authority.


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$.It has also brought restrictions on various prerogatives of the #rime 3inister likechoosing the ministers and deciding their ranks and portfolios.&./ven the policies and programmes of the government cannot be decided by the #rime3inister alone. #olitical parties of di6erent ideologies come together both as pre poll andpost poll allies to form a government. #olicies are framed after a lot of negotiations andcompromises among the allies. In this entire process, the #rime 3inister has to act moreas a negotiator than as leader of the government.Q.1' De9ne bureaucracy.Ans: The /"ecutive organ of the government includes the #rime 3inister, the ministers

and a large organisation called the bureaucracy. It consists of trained and skilled o=cerswho work as permanent employees of the government. They are assigned the task of assisting the ministers in formulating policies and implementing them.

=e is)atureQ.1 Why do we need a ;ar)ia!ent?Ans: 1.The #arliament is the centre of all democratic process.2.It helps in holding representatives accountable.$.It is recognised as one of the most democratic and open forums of debate.&.7n account of its composition, it is the most representative of all organs of governmt.).It is above all, vested with the power to choose and dismiss the government.Q.2 ention so!e instances which *rove the i!*ortance o# the ;ar)ia!ent in&ndia.Ans: 1.7n 3arch 11 th 2??2, the !inance 3inister had to roll back the increases infertili%er prices under intense opposition pressure.2.7n & th une 1 B, the entire opposition staged a walkout of the 0ok (abha. The nanceminister in his budget proposal had proposed a hike of )? paisa per kilogram of urea toreduce subsidy on it. This forced the nance minister 3r. Hashwant (inha to roll back thehike in urea prices.$.Congress 3embers voiced protest against atrocities on Eari'ans in *ndhra #radesh on$ rd 3arch, 1 B).Q.3 Why do we need two houses o# ;ar)ia!ent?

Ans: 1.The #arliament in India has two houses. This is called a bicameral legislature.2.The two Eouses of the Indian #arliament are the 8a'ya (abha and the 0ok (abha.$.Countries with large si%e and much diversity usually prefer to have two houses of thenational legislature to give representation to all sections in the society and to giverepresentation to all geographical regions or parts of the country.&.* bicameral legislature makes it possible to have every decision reconsidered. /verydecision taken by one house goes to the other house for its decision. This means thatevery bill and policy would be discussed twice. This ensures a double check on everymatter.)./ven if one house takes a decision in haste, that decision will come for discussion inthe other house and reconsideration will be possible.Q. What is sy!!etrica) re*resentation?Ans: -hen e ual representation is given to all the parts of the country, irrespective oftheir si%e or population, it is called symmetrical representation. In the ;.(.*, every statehas e ual representation in the (enate. This ensures e uality of all the states.Q.% What wou)d ha**en i# we were to #o))ow the A!erican syste! o# e7ua)ityre*resentation in the a ya


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elections are held for those one third seats only. Thus, the 8a'ya (abha is never fullydissolved. Therefore, it is called the permanent Eouse of the #arliament. The advantageof this arrangement is that even when the 0ok (abha is dissolved and elections are yetto take place, the meeting of the 8a'ya (abha can be called and urgent business can beconducted.Q.+ What are the #unctions o# the ;ar)ia!ent?Ans: 1.0egislative !unction: The #arliament enacts legislations for the country. >espitebeing the chief law making body, the #arliament often merely approves legislations. Theactual task of drafting the bill is performed by the bureaucracy under the supervision of

the minister concerned. The substance and even the timing of the bill are decided bythe Cabinet. No ma'or bill is introduced in the #arliament without the approval of theCabinet.2.Control of /"ecutive and ensuring its accountability: The #arliament ensures that thee"ecutive does not overstep its authority and remains responsible to the people whohave elected them.$.!inancial !unction: The legislature controls ta"ation and the way in which money isused by the government. If the Government of India proposes to introduce any new ta",it has to get the approval of the 0ok (abha. The government has to give an account tothe 0egislature about the money it has spent and resources that it wishes to raise. Thelegislature also ensures that the government does not misspend or overspend. This isdone through the budget and annual nancial statements.&.8epresentation: #arliament represents the divergent views of members from di6erentregional, social, economic, religious groups of di6erent parts of the country.).>ebating !unction: The #arliament is the highest forum of debate in the country.3embers are free to speak on any matter without fear. This makes it possible for the#arliament to analyse any or every issue that faces the nation.4.Constituent !unction: The #arliament has the power of discussing and enactingchanges to the Constitution. The constituent powers of both the houses are similar. *llconstitutional amendments have to be approved by a special ma'ority of both Eouses.5./lectoral functions: The #arliament also performs some electoral functions. It electsthe #resident and Jice #resident of India.B. udicial functions: The 'udicial functions of the #arliament include considering theproposals for removal of #resident, Jice #resident and udges of Eigh Courts and(upreme Court.Q., Diferentiate between the *owers o# the =o


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Ans: *ny matter that a6ects the (tates must be referred to the 8a'ya (abha for itsconsent and approval. Thus, if the ;nion #arliament wishes to remove a matter from the(tate list @over which only the (tate 0egislature can make lawA to either the ;nion 0ist orConcurrent 0ist in the interest of the nation, the approval of the 8a'ya (abha isnecessary.Q.10 What are the *owers e4ercised by on)y the =o


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re uires money. It can en uire into cases of misuse of funds on the basis of the report of the Comptroller and *uditor General and #ublic *ccounts committees. The legislature isalso concerned about the policies of the government that are re+ected in the budget.

Through nancial control, the legislature controls the policy of the government.4.No Confdence Motion : *s long as the government has the support of its party orcoalition of parties that have a ma'ority in the 0ok (abha, the power of the Eouse todismiss the government is ctional rather than real. Eowever, after 1 B , severalgovernments have been forced to resign due to lack of con dence of the house. /ach of these governments lost the con dence of the 0ok (abha because they failed to retain

the support of their coalition partners.Q.1 What do the co!!ittees in ;ar)ia!ent do?Ans: 1.These committees play a vital role not merely in law making, but also in the dayto day business of the Eouse.2.They are responsible for studying the demands for grants made by various ministries,looking into e"penditure incurred by various departments, investigating cases of corruption etc.$.There are over twenty departmentally related committees.&.(tanding Committees supervise the work of various departments, their budget, theire"penditure and bills that come up in the house relating to the department.). oint #arliamentary Committees @ #CsA can be set up for the purpose of discussing aparticular bill or for the purpose of investigating nancial irregularities.4.3embers of these committees are selected from both Eouses. The committee systemhas reduced the burden on the #arliament. 3any important bills have been referred tocommittees. The #arliament has merely approved the work done in the committees withfew occasional alterations.Q.1% How does the ;ar)ia!ent re u)ate itse)#?Ans: 1.The Constitution has made certain provisions to ensure smooth conduct of business. The presiding o=cer of the legislature is the nal authority in matters of regulating the business of the legislature.2.The anti defection law has also helped the presiding o=cers control the behaviour of the members.Q.1' What is the anti de#ection a!end!ent?Ans: 3ost of the members of the legislatures are elected on the ticket of some politicalparty. Eowever, often, many members would leave that political party after gettingelected. !or many years after independence, this issue was unresolved. !inally therewas an agreement among the parties that a legislator who is elected on one partyDsticket must be restricted from defectingD to another party. (o, an amendment to theConstitution was made known as the anti defection amendment. The presiding o=cer of the Eouse is the authority who takes nal decisions on all such cases. If it is proved thata member has defectedD, then such member loses the membership of the Eouse.9esides, such a person is also dis uali ed from holding any political o=ce like

ministership, etc.Q.1+ What is de#ection?Ans: If a member remains absent in the Eouse when asked by the party leadership toremain present or votes against the instructions of the party or voluntarily leaves themembership of the party, it is called defection.

udiciaryQ.1 Why do we need an inde*endent udiciary?Ans: In any society, disputes are bound to arise between individuals, between groupsand between individuals or groups and government. *ll such disputes must be settledby an independent body in accordance with the principle of rule of law. This idea of ruleof law implies that all individuals are sub'ected to the same law. The principal role of the

'udiciary is to protect rule of law and ensure supremacy of law. It safeguards rights of the individual, settles disputes in accordance with the law and ensures that democracydoes not give way to individual or group dictatorship. In order to be able to do all this, itis necessary that the 'udiciary is independent of any political pressures.Q.2 What do we !ean by "inde*endence o# udiciary$?Ans: Independence of 'udiciary means that:


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1.The other organs of the government like the e"ecutive and legislature must notrestrain the functioning of the 'udiciary in such a way that it is unable to do 'ustice.2.The other organs of the government should not interfere with the decision of the

'udiciary.$. udges must be able to perform their functions without fear or favour.Q.3 Does an inde*endent udiciary !ean that it is not accountab)e?Ans: Independence of the 'udiciary does not imply arbitrariness or absence of accountability. udiciary is a part of the democratic political structure of the country. It istherefore accountable to the Constitution, to the democratic traditions and to the people

of the country.Q. How is the inde*endence o# udiciary *rovided and *rotected?Ans: The Indian Constitution has ensured the independence of the 'udiciary through anumber of measures.1.The legislature is not involved in the process of appointment of 'udges. In order to beappointed as a 'udge, a person must have e"perience as a lawyer andFor must be wellversed in law.2.The 'udges have a "ed tenure. They hold o=ce till reaching the age of retirement.

They have security of tenure. This ensures that 'udges could function without fear orfavour. The Constitution prescribes a very di=cult procedure for removal of 'udges. TheConstitution makers believed that a di=cult procedure of removal would providesecurity of o=ce to the members of the 'udiciary$.The 'udiciary is not nancially dependent on either the e"ecutive or legislature. TheConstitution provides that the salaries and allowances of the 'udges are not sub'ected tothe approval of the legislature.&.The actions and decisions of the 'udges are immune from personal criticisms. The

'udiciary has the power to penalise those who are found guilty of contempt of court.#arliament cannot discuss the conduct of the 'udges e"cept when the proceeding toremove a 'udge is being carried out. This gives the 'udiciary independence to ad'udicatewithout fear of being criticised.Q.%


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at the lowest level. The lower courts function under the direct supervision of the highercourts.Supreme Court of India1.Its decisions are binding on all courts.2.Can transfer udges of Eigh Courts.$.Can move cases from any court to itself.&.Can transfer cases from one Eigh Court to another.High Court 1.Can hear appeals from lower courts.

2.Can issue writs for restoring !undamental 8ights.$.Can deal with cases within the 'urisdiction of the (tate.&./"ercises superintendence and control over courts below it.District Court 1.>eals with cases arising in the >istrict.2.Considers appeals on decisions given by lower courts.$.>ecides cases involving serious criminal o6ences.Subordinate Courts1.Consider cases of civil and criminal nature.Q./ 6)aborate on the urisdiction o# the


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&.*round the same time, the (upreme Court also took up the case about rights of prisoners. This opened the gates for a large number of cases where public spiritedciti%ens and voluntary organisations sought 'udicial intervention for protection of e"isting rights, betterment of life conditions of the poor, protection of the environment,and many other issues in the interest of the public.).The 'udiciary has now begun considering many cases mainly merely on the basis of newspaper reports and postal complaints received by the court.Q.12 What are the advanta es o# ;&= and udicia) activis!?Ans: 1.Through the #I0, the court has e"panded the idea of rights. Clean air, unpolluted

water, decent living etc. are rights for the entire society. Therefore, it was felt by thecourts that individuals as parts of the society must have the right to seek 'usticewherever such rights were violated.2.Through #I0 and 'udicial activism of the post 1 B? period, the 'udiciary has also shownreadiness to take into consideration rights of those sections who cannot easily approachthe courts. !or this purpose, the 'udiciary allowed public spirited citi%ens, socialorganisations and lawyers to le petitions on behalf of the needy and the deprived.$.It has had manifold impact on the political system. udicial activism has democratisedthe 'udicial system by giving groups access to the courts. It has forced e"ecutiveaccountability.&.It has also made an attempt to make the electoral system much more free and fair.

The court asked candidates contesting elections to le a=davits indicating their assetsand income along with educational uali cations so that the people could elect theirrepresentatives based on accurate knowledge.Q.13 What are the disadvanta es o# udicia) activis!?Ans: 1. udicial activism has overburdened the courts.2.It has blurred the line of distinction between the e"ecutive and legislature on the onehand and the 'udiciary on the other. The court has been involved in resolving uestionswhich belong to the e"ecutive. Thus, for instance, reducing air or sound pollution orinvestigating cases of corruption or bringing about electoral reform is not e"actly theduty of the udiciary. These are matters to be handled by the administration under thesupervision of the legislatures. Therefore, some people feel that 'udicial activism hasmade the balance among the three organs of government very delicate. >emocraticgovernment is based on each organ of government respecting the powers and

'urisdiction of the others. udicial activism may be creating strains on this democraticprinciple.Q.1 @ive two ways in which the


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Ans: 1.If the Court arrives at the conclusion that the law is inconsistent with theprovisions of the Constitution, such a law is declared as unconstitutional andinapplicable.2.In the case of federal relations too, the (upreme Court can use the review powers if alaw is inconsistent with the distribution of powers laid down by the Constitution. !ore"ample: If the central government makes a law which according to some (tates,concerns a sub'ect from the (tate list. Then the (tates can go to the (upreme Court andif the court agrees with them, it would declare that the law is unconstitutional.

5edera)is!Q.1 What are the ey #eatures o# #edera)is!?Ans: 1.!ederalism is an institutional mechanism to accommodate two sets of politiesOone at the regional level and the other at the national level. /ach government isautonomous in its own sphere.2.The people likewise, have two sets of identities and loyaltiesOthey belong to theregion as well as the nation. /ach level of the polity has distinct powers andresponsibilities and has a separate system of government.$.The details of this dual system of government are generally spelt out in a writtenconstitution, which is considered to be supreme and which is also the source of thepower of both sets of government. Certain sub'ects, which concern the nation as awhole, are the responsibility of the union or central government. 8egional or localmatters are the responsibility of the regional or (tate government.&.To prevent con+icts between the centre and the (tate, there is an independent

'udiciary to settle disputes. The 'udiciary has the powers to resolve disputes betweenthe central government and the (tates on legal matters about the division of power.Q.2 Why did the Constitution !a ers decide to ado*t #edera)is!?Ans: 1.The Constitution makers were aware that to govern a large country like ours, itwould be necessary to divide the powers between provinces and the centralgovernment.2.There was also awareness that Indian society had regional diversity and linguisticdiversity. This diversity needed recognition.

$.#eople of di6erent regions and languages had to share power and in each region,people of that region should govern themselves.&.The Constituent *ssembly decided to frame a government that would be based on theprinciples of unity and cooperation between the centre and the (tates and separatepowers to the (tates.).The most important feature of the federal system adopted by the Indian Constitutionis the principle that relations between the (tates and the centre would be based oncooperation. Thus, while recognising diversity, the Constitution emphasised unity.Q.3 How has *ower been divided a!on the Centra) and


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3.Concurrent =ist: Includes sub'ects like education, forests, trade unions, adoptionand adulteration. 9oth the union and state legislatures can make laws on these matters.. esiduary ;owers: This includes all other matters which are not mentioned in any of the 0ists such as cyber laws. 7nly the union legislature has the power to make laws onthese matters.Q.% What are the *rovisions which create a stron centra) overn!ent?Ans: 1.The very e"istence of a (tate including its territorial integrity is in the hands of #arliament. The #arliament is empowered to form a new (tate by separation of territoryfrom any (tate or by uniting two or more (tate.D It can also alter the boundary of any

(tate or even its name.2.The Constitution has certain very powerful emergency provisions, which can turn ourfederal polity into a highly centralised system once emergency is declared. >uring anemergency, #arliament also assumes the power to make laws on sub'ects within the

'urisdiction of the (tates.$.The central government has very e6ective nancial powers and responsibilities. In therst place, items generating revenue are under the control of the central government.

Thus, the central government has many revenue sources and the (tates are mostlydependent on the grants and nancial assistance from the centre. (econdly, Indiaadopted planning as the instrument of rapid economic progress and development afterindependence. #lanning led to considerable centralisation of economic decision making.&.The Governor has certain powers to recommend dismissal of the (tate governmentand the dissolution of the *ssembly. 9esides, even in normal circumstances, theGovernor has the power to reserve a bill passed by the (tate legislature, for the assentof the #resident. This gives the central government an opportunity to delay the (tatelegislation and also to e"amine such bills and veto them completely.).There may be occasions when the situation may demand that the central governmentneeds to legislate on matters from the (tate list. This is possible if the move is rati edby the 8a'ya (abha.4.The all India services are common to the entire territory of India and o=cers chosenfor these services serve in the administration of the (tates. Thus, an I*( o=cer whobecomes the collector or an I#( o=cer who serves as the Commissioner of #olice, areunder the control of the central government. (tates cannot take disciplinary action norcan they remove these o=cers from service.Q.' Describe the evo)ution o# #edera)is! in &ndia.Ans: 1.In the 1 )?s and early 1 4?s, the foundation of our federalism was laid under

awaharlal Nehru. It was also a period of Congress dominance over the centre as well asthe (tates. /"cept on the issue of formation of new (tates, the relations between thecentre and the (tates remained uite normal during this period.2.In the middle of the 1 4?s Congress dominance declined somewhat and in a largenumber of (tates opposition parties came to power. It resulted in demands for greaterpowers and greater autonomy to the (tates. In fact, these demands were a direct fallout

of the fact that di6erent parties were ruling at the centre and in many (tates. (o, the(tate governments were protesting against what they saw as unnecessary interferencein their governments by the Congress government at the centre. The Congress too, wasnot very comfortable with the idea of dealing with governments led by oppositionparties.$.!inally, since the 1 ?s, Congress dominance has largely ended and we have enteredan era of coalition politics especially at the centre. In the (tates too, di6erent parties,both national and regional, have come to power. This has resulted in a greater say forthe (tates, a respect for diversity and the beginning of a more mature federalism.Q.+ What de!ands have been !ade by states as we)) as *o)itica) *arties tothe overn!ent in ter!s o# autono!y?Ans. 1.(ometimes, these demands e"pect that the division of powers should be changedin favour of the states and more powers and important powers be assigned to thestates. 3any states and many parties have made demands of autonomy from time totime.2.*nother demand is that states should have independent sources of revenue andgreater control over the resources. This is also known as nancial autonomy. In 1 55 the


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0eft !ront Government in -est 9engal brought out a document demanding arestructuring of centre (tate relations in India. In the autonomy demands of Tamil Naduand #un'ab also, there was an implicit support to the idea of greater nancial powers.$.The third aspect of the autonomy demands relates to administrative powers of the(tates. (tates resent the control of the centre over the administrative machinery.&.!ourthly, autonomy demands may also be related to cultural and linguistic issues. Theopposition to the domination of Eindi @in Tamil NaduA or demand for advancing the#un'abi language and culture are instances of this. (ome (tates also feel that there is adomination of the Eindi speaking areas over the others. In fact, during the decade of

1 4?, there were agitations in some (tates against the imposition of the Eindi language.Q., What does Artic)e 3%' o# the &ndian Constitution state?Ans: *rticle $)4 provides for #residentDs rule in any (tate. This provision is to beapplied, when a situation has arisen in which the Government of the (tate cannot becarried on in accordance with the provisions of this Constitution.D It results in thetakeover of the (tate government by the ;nion government. The #residentDsproclamation has to be rati ed by #arliament. #residentDs rule can be e"tended till threeyears. *rticle $)4 was very sparingly used till 1 45. *fter 1 45 many (tates had nonCongress governments and the Congress was in power at the centre. The centre hasoften used this provision to dismiss (tate governments or has used the o=ce of theGovernor to prevent the ma'ority party or coalition from assuming o=ce. !or instance,the central government removed elected governments in *ndhra #radesh and ammuand


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Ans: (pecial ma'ority means:1.Two thirds ma'ority of those present and voting2.(imple ma'ority of the total membership of the EouseQ.3 Describe the co!*osition and or anisation o# the 6)ection Co!!ission.Ans: 1.*rticle $2& of the Indian Constitution provides for an independent /lectionCommission for the superintendence, direction and control of the electoral roll and theconduct of electionsD in India. The /lection Commission has a decisive role in virtuallyeverything to do with elections.2.To assist the /lection Commission of India there is a Chief /lectoral 7=cer in every

state. The /lection Commission is not responsible for the conduct of local bodyelections. The (tate /lection Commissioners work independently of the /lectionCommission of India and each has its own sphere of operation.$.The /lection Commission of India can either be a single member or a multi memberbody. Eowever, there is a general consensus that a multi member /lection Commissionis more appropriate as power is shared and there is greater accountability.&.The Chief /lection Commissioner @C/CA presides over the /lection Commission, butdoes not have more powers than the other /lection Commissioners. The C/C and thetwo /lection Commissioners have e ual powers to take all decisions relating to electionsas a collective body.).They are appointed by the #resident of India on the advice of the Council of 3inisters.4.The Constitution ensures the security of the tenure of the C/C and /lectionCommissioners. They are appointed for a si" year term or continue till the age of 4),whichever is earlier.5.The C/C can be removed before the e"piry of the term, by the #resident if bothEouses of #arliament make such a recommendation with a special ma'ority.B.>uring the election process, the administrative o=cers of the (tate and centralgovernments are assigned election related duty and in this respect, the /lectionCommission has full control over them.Q. What is "*oc et veto$?Ans: The #resident has veto power by which he can withhold a bill passed by the#arliament. There is no mention in the Constitution about the time limit within which the#resident must send a bill back for reconsideration. This means that the #resident can

'ust keep the bill pending with him without any time limit. This is known as pocket veto.Q.% Describe the co!*osition and se)ection *rocess o# the bureaucracy.Ans: 1.The bureaucracy consists of the *ll India services, (tate services, employees of the local governments, and technical and managerial sta6 running public sectorundertakings.2.3akers of our Constitution were aware of the importance of the non partisan andprofessional bureaucracy. They also wanted the members of the civil services orbureaucracy to be impartially selected on the basis of merit. (o, the ;nion #ublic(ervice Commission has been entrusted with the task of conducting the process of

recruitment of the civil servants for the government of India.$.(imilar public service commissions are provided for the (tates also. 3embers of the#ublic (ervice Commissions are appointed for a "ed term. Their removal or suspensionis sub'ect to a thorough en uiry made by a 'udge of the (upreme Court.Q.' What ste*s have been ta en by the overn!ent to !a e the bureaucracy!ore re*resentative?Ans: 1.The Constitution also ensures that all sections of the society including theweaker sections have an opportunity to be part of the public bureaucracy.2.!or this purpose, the Constitution has provided for reservation of 'obs for the >alitsand *divasis. (ubse uently, reservations have also been provided for women and otherbackward classes.$.These provisions ensure that the bureaucracy is more representative and socialine ualities will not come in the way of recruitment to the civil service. =oca) @overn!entsQ.1 What is a )oca) overn!ent? What are the advanta es o# )oca)overn!ents?


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Ans: 1.0ocal government is government at the village and district level.

2.It is about government that involves the day to day life and problems of ordinaryciti%ens.$.0ocal government believes that local knowledge and local interest are essentialingredients for democratic decision making. They are also necessary for e=cient andpeople friendly administration.&.The advantage of local government is that it is so near the people. It is convenient forthe people to approach the local government for solving their problems both uickly andwith minimum cost.1.Q.2 Why are )oca) overn!ents necessary?Ans: 1.(trong and vibrant local governments ensure both active participation andpurposeful accountability.2.Common citi%ens can be involved in decision making concerning their lives, theirneeds and their development at the level of local government.$.Common people are more familiar with their local government than with thegovernment at the (tate or national level.&.They are also more concerned with what local government does or has failed to do asit has a direct bearing and impact on their day to day life.

Thus, strengthening local government is like strengthening democratic processes.Q.3 Why were *anchayats )oo ed u*on as instru!ents o# decentra)isation and*artici*atory de!ocracy?Ans: 1.!ollowing the Government of India *ct 1 1 , village panchayats were establishedin a number of provinces. This trend continued after the Government of India *ct of 1 $).2.3ahatma Gandhi strongly pleaded for decentralisation of economic and politicalpower. Ee believed that strengthening village panchayats was a means of e6ectivedecentralisation. *ll development initiatives must have local involvement in order to be

successful.$.#anchayats, therefore, were looked upon as instruments of decentralisation andparticipatory democracy.Q. Why didn$t )oca) overn!ents receive ade7uate i!*ortance in theConstitution?Ans: 1.The turmoil due to the #artition resulted in a strong unitary inclination in theConstitution. Nehru himself looked upon e"treme localism as a threat to unity andintegration of the nation.2.There was a powerful voice in the Constituent *ssembly led by >r. 9.8. *mbedkarwhich felt that the faction and caste ridden nature of rural society would defeat thenoble purpose of local government at the rural level.Q.% What were so!e o# the initia) ste*s ta en to stren then )oca)overn!ents?Ans: 1.The Community >evelopment #rogramme in 1 )2 sought to promote peopleDsparticipation in local development in a range of activities. In this background, a threetier #anchayati 8a' system of local government was recommended for the rural areas.2.(ome (tates @like Gu'arat, 3aharashtraA adopted the system of elected local bodiesaround 1 4?.$.Eowever, in many (tates, those local bodies did not have enough powers and

functions to look after the local development. They were very much dependent on the(tate and central governments for nancial assistance.&.3any (tates did not think it necessary to establish elected local bodies. In manyinstances, local bodies were dissolved and the local government was handed over togovernment o=cers.


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).3any (tates had indirect elections to most local bodies. In many (tates, elections tothe local bodies were postponed from time to time.4.In 1 B the #.alit woman or an *divasi woman.4.$rans er o !ub'ectsa.Twenty nine sub'ects, which were earlier in the (tate list of sub'ects, are identi ed andlisted in the /leventh (chedule of the Constitution. These sub'ects are to be transferredto the #anchayati 8a' institutions.b.These sub'ects were mostly linked to development and welfare functions at the locallevel.c.The actual transfer of these functions depends upon the (tate legislation. /ach (tatedecides how many of these twenty nine sub'ects would be transferred to the localbodies.

). !tate %lection Co((issionersa.The (tate government is re uired to appoint a (tate /lection Commissioner who wouldbe responsible for conducting elections to the #anchayati 8a' institutions.b.The o=ce of the (tate /lection Commissioner is autonomous.4. !tate Finance Co((ission


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a.The (tate government is also re uired to appoint a (tate !inance Commission once inve years.b.This Commission would e"amine the nancial position of the local governments in the(tate. It would also review the distribution of revenues between the (tate and localgovernments on the one hand and between rural and urban local governments on theother.Q., Why were s*ecia) *rovisions #or )oca) overn!ents !ade a**)icab)e toadivasis?

Ans: In 1 4, a separate act was passed e"tending the provisions of the #anchayatsystem to adivasis. 3any *divasi communities have their traditional customs ofmanaging common resources such as forests and small water reservoirs, etc. Therefore,the new act protects the rights of these communities to manage their resources in waysacceptable to them. !or this purpose, more powers are given to the Gram (abhas ofthese areas and elected village panchayats have to get the consent of the Gram (abhain many respects. The idea behind this act is that local traditions of self governmentshould be protected while introducing modern elected bodies.Q./ What is an urban area?

Ans: The Census of India de nes an urban area as having:1.* minimum population of )???2.*t least 5) per cent of male working population engaged in non agriculturaloccupations$.* density of population of at least &?? persons per s . km.Q.10 Describe the i!*)e!entation o# the +3 rd and + th a!end!ents.Ans: 1.*ll (tates have now passed a legislation to implement the provisions of the 5$ rd and 5& th amendments. 3ost states have had at least two rounds of elections to localbodies.2.Today there are nearly )?? Milla #anchayats, about 4,??? block or intermediary

#anchayats, and 2)?,??? Gram #anchayats in rural India and over 1?? cityCorporations, 1&?? town 3unicipalities and over 2??? Nagar #anchayats in urban India.$.3ore than $2 lakh members are elected to these bodies every ve years. 7f these, atleast 1? lakhs are women.&.The 5$ rd and 5& th amendments have created uniformity in the structures of #anchayati8a' and Nagarpalika institutions across the country.).The presence of these local institutions is by itself a signi cant achievement andwould create an atmosphere and platform for peopleDs participation in government.4.The provision for reservation for women at the #anchayats and Nagarpalikas hasensured the presence of a signi cant number of women in local bodies. *s this

reservation is also applicable for the positions of (arpanch and *dhyaksha, a largenumber of women elected representatives have come to occupy these positions.Q.11 What have been the bene9ts o# the +3 rd and + th a!end!ents?Ans: 1.-omen have gained more power and con dence by asserting control overresources. Their presence in these institutions has given many women a greaterunderstanding of the working of politics. In many cases, they have brought a newperspective and a greater sensitivity to discussions at local bodies.2.*s the Indian population has 14.2 per cent (cheduled Castes and B.2 per cent(cheduled Tribes, about 4.4 lakh elected members in the urban and local bodies hail

from these two communities. These bodies have thus become more representative of the social reality they operate within.$.The Constitutional amendments assigned as many as 2 sub'ects to the localgovernments.Q.10 What have been so!e o# the diEcu)ties #aced by )oca) overn!ents?Ans: 1.(ometimes, reservations for scheduled castes and tribes in local governments


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leads to tensions. The dominant social groups which controlled the village earlier do notwish to give up their power.2.0ocal governments in India en'oy limited autonomy to perform the functions assignedto them. 3any (tates have not transferred most of the sub'ects to the local bodies. Thismeans that the local bodies cannot really function in an e6ective manner.$.(ome people criticise the formation of the local bodies because this has not changedthe way in which decisions are taken at the central and the (tate level. #eople at thelocal level do not en'oy much powers of choosing welfare programmes or allocation of

resources.&.0ocal bodies have very little funds of their own. The dependence of local bodies on the(tate and central governments for nancial support has greatly eroded their capacity tooperate e6ectively. -hile rural local bodies raise ?.2&Q of the total revenues collected,they account for &Q of the total e"penditure made by the government. (o they earnmuch less than they spend. That makes them dependent on those who give themgrants.

Constitution as a =ivin Docu!ent

Q.1 When was the Constitution o# &ndia ado*ted? When was it #or!a))yi!*)e!ented?Ans: The Constitution of India was adopted on 24 th November, 1 & . Its implementationformally started from 24 anuary 1 )?.Q.2 How does the Constitution continue to serve the country8 even thou h itwas ado*ted !any years a o?Ans: 1.7ur Constitution accepts the necessity of modi cations according to changingneeds of the society.2.In the actual working of the Constitution, there has been enough +e"ibility ofinterpretations.$.* constitution is not a fro%en and unalterable document. It is sub'ect to revisions,changes and re e"amination.&.The makers of the Indian Constitution placed the Constitution above ordinary law ande"pected that the future generations will respect this document. *t the same time, theyrecognised that in the future, this document may re uire modi cations.).The Indian Constitution is a combination of both a sacred document and an instrumentthat may re uire changes from time to time.4.In other words, our Constitution is not a static document, it is not the nal word abouteverythingL it is not unalterable.Q.3 What are Be4ib)e and ri id constitutions?Ans: * constitution that can be very easily changed or modi ed is often called +e"ible.Constitutions which are very di=cult to amend are described as rigid.Q. >he &ndian Constitution is neither too Be4ib)e nor too ri id. 64*)ain.Ans: 1.The makers of our Constitution wanted to strike a balance. The Constitution mustbe amended if so re uired. 9ut it must be protected from unnecessary and fre uentchanges. They wanted the Constitution to be +e"ibleD and at the same time rigidD.2.The Constitution was framing a federal polity and therefore, the rights and powers ofthe (tates could not be changed without the consent of the (tates.

$.There are many articles in the Constitution, which mention that these articles can beamended by a simple law of the #arliament. No special procedure for amendment isre uired in such cases and there is no di6erence at all between an amendment and anordinary law. These parts of the Constitution are very +e"ible.&.!or amending the remaining parts of the Constitution, a provision has been made in


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*rticle $4B of the Constitution. In this article, there are two methods of amending theConstitution. 7ne method is that amendment can be made by special ma'ority of thetwo houses of the #arliament. The other method re uires special ma'ority of the#arliament and consent of half of the (tate legislatures.1.*ll amendments to the Constitution can only be initiated in the #arliament. No outsideagency is re uired.2.*n amendment bill, like all other bills, goes to the #resident for his assent, but in thiscase, the #resident has no powers to send it back for reconsideration. 7nly elected

representatives of the people are empowered to consider and take nal decisions on theuestion of amendments. Thus, sovereignty of elected representatives is the basis ofthe amendment procedure.Q.% What is a s*ecia) !a ority?Ans: 1.*mendment to the Constitution re uires two di6erent kinds of special ma'orities:in the rst place, those voting in favour of the amendment bill should constitute at leasthalf of the total strength of that Eouse. (econdly, the supporters of the amendment billmust also constitute two thirds of those who actually take part in voting. 9oth Eouses of the #arliament must pass the amendment bill separately in this same manner. !or every

amendment bill, this special ma'ority is re uired.2.In the 0ok (abha there are )&) members. Therefore, any amendment must besupported by a minimum of 25$ members. /ven if only $?? members are present at thetime of voting, the amendment bill must get the support of 25$ out of them.$.In addition to this, both the Eouses must pass the amendment bill. ;nless there issu=cient consensus over the proposed amendment, it cannot be passed.&.If the party in power en'oys very thin ma'ority, it can pass legislation of its choice andcan get the budget approved even if the opposition does not agree. Eowever, it wouldneed at least some opposition parties to agree if it wished to amend the Constitution.

The basic principle of amendments is that it should be based on broad support amongpolitical parties and parliamentarians.Q.' &n which cases is s*ecia) !a ority not suEcient?Ans: 1.-hen an amendment aims to modify an article related to distribution of powersbetween the (tates and the central government, or articles related to representation, itis necessary that the (tates must be consulted and that they give their consent.

2.0egislatures of half the (tates have to pass the amendment bill before theamendment comes into e6ect.$.!or some parts of the Constitution, greater or wider consensus in the polity is

e"pected. This provision also respects the (tates and gives them participation in theprocess of amendment. *t the same time, care is taken to keep this proceduresomewhat +e"ible even in its more rigid format: consent of only half the (tates isre uired and simple ma'ority of the (tate legislature is su=cient.Q.+ Why have there been so !any a!end!ents to the Constitution?Ans: 1.!rom 1 )? to 2??4, the Constitution has been amended $ times. Tenamendments took place between 1 5& and 1 54. This was a period of Congressdomination. The Congress party had a vast ma'ority in the #arliament @it had $)2 seatsin the 0ok (abha and a ma'ority in most (tate *ssembliesA.

2.*gain, ten amendments were made to the Constitution between 2??1 and 2??$. Thiswas a period marked by coalition politics. It was also a period when di6erent partieswere in power in di6erent (tates.$.This shows that irrespective of the nature of politics and the party in power,amendments were re uired to be made from time to time.Q., Describe the three diferent ty*es o# a!end!ents.


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Ans: 1.The rst group contains amendments which are of a technical or administrativenature and were only clari cations, e"planations, and minor modi cations etc. of theoriginal provisions. They are amendments only in the legal sense, but in matter of fact,they made no substantial di6erence to the provisions. !or e"ample: the amendmentthat increased the age of retirement of Eigh Court 'udges from 4? to 42 years @1) th amendmentA. (imilarly, salaries of 'udges of Eigh Courts and the (upreme Court wereincreased by an amendment @)) th amendmentA.2.* number of amendments are a product of di6erent interpretations of the Constitution

given by the 'udiciary and the government. 3any times, the #arliament did not agreewith the 'udicial interpretation and therefore, sought to amend the Constitution toovercome the ruling of the 'udiciary. !or e"ample: 7ne was the relationship betweenfundamental rights and directive principles, the other was the scope of right to privateproperty and the third was the scope of #arliamentDs power to amend the Constitution.!rom 1 5? to 1 5), the #arliament repeatedly made amendments to overcome theadverse interpretations by the 'udiciary.$.There is another large group of amendments that have been made as a result of theconsensus among the political parties. This consensus made it necessary that some

changes had to be made in order to re+ect the prevailing political philosophy andaspirations of the society. !or e"ample: The amendment bringing down the age forvoting from 21 to 1B years of age.&.*mendments during the period 1 5? to 1 B? generated a lot of legal and politicalcontroversy. In particular, the $B th , $ th and &2 nd amendments have been the mostcontroversial amendments so far. These three amendments were made in thebackground of internal emergency declared in the country from une 1 5).Q./ What are the !ain *rovisions o# the 2 nd A!end!ent?Ans: 1.The &2 nd amendment was an attempt to override the ruling of the (upreme Courtgiven in the


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educational institutions cannot e"ceed fty per cent of the total seats. This has nowbecome an accepted principle.$.(imilarly, in the case involving reservations for other backward classes, the (upremeCourt introduced the idea of creamy layer and ruled that persons belonging to thiscategory were not entitled to bene ts under reservations.&.In the same manner, the udiciary has contributed to an informal amendment byinterpreting various provisions concerning right to education, right to life and liberty andthe right to form and manage minority educational institutions.

Q.12 (ur Constitution is a )ivin docu!ent. What does that !ean?Ans: 1.The Constitution keeps responding to the situations and circumstances arisingfrom time to time. 0ike a living being, the Constitution responds to e"perience.2./ven after so many changes to society, the Constitution continues to work e6ectivelybecause of this ability to be dynamic, to be open to interpretations and the ability torespond to changing situations.$.* constitution which protects democracy and yet allows for evolution of new practicesbecomes not only durable but also the ob'ect of respect from the citi%ens.>he ;hi)oso*hy o# the Constitution

Q.1 What is !eant by *o)itica) *hi)oso*hy a**roach to the Constitution?Ans: 1.-e need to understand the conceptual structure of the constitution. -e mustask uestions like what are the possible meanings of terms used in the constitution suchas rightsD, citi%enshipD, minorityD or democracyD2.-e must attempt to work out a coherent vision of society and polity conditional uponan interpretation of the key concepts of the constitution. -e must have a better grasp of the set of ideals embedded in the constitution.$.The Indian Constitution must be read in con'unction with the Constituent *ssembly. *philosophical treatment of a value is incomplete if a detailed 'usti cation for it is not

provided.&.* political philosophy approach to the constitution is needed not only to nd out themoral content e"pressed in it and to evaluate its claims but possibly to use it toarbitrate between varying interpretations of the many core values in our polity.Q.2 Why shou)d we study the intentions and concerns o# the !a ers o# theConstitution?Ans: 1.In India, the world of the original framers of the Constitution and our present dayworld may not have changed so drastically. In terms of our values, ideals andconception, we have not separated ourselves from the world of the Constituent*ssembly. * history of our Constitution is still very much a history of the present.

2.!urthermore, we may have forgotten the real point underlying several of our legal andpolitical practices, simply because somewhere down the road we began to take them forgranted.Q.3 What is the *o)itica) *hi)oso*hy o# our Constitution?Ans: 1.De(ocrac) The Constitution is committed to freedom, e uality, social 'ustice,and some form of national unity.2.*ndividual reedo( It is committed to individual freedom. !reedom of e"pression is anintegral part of the Indian Constitution. (o is the freedom from arbitrary arrest. 7n this

basis, we can say that the Indian Constitution has a strong liberal character.3.!ocial 'ustice The makers of the Constitution believed that the mere granting of theright to e uality was not enough to overcome age old in'ustices su6ered by minorities.(pecial constitutional measures were re uired to advance their interests. Therefore, theconstitution makers provided a number of special measures to protect the interests of(cheduled Castes and (cheduled Tribes such as the reservation of seats in legislatures.


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The Constitution also made it possible for the government to reserve public sector 'obsfor these groups.4.&espect or diversit) and (inorit) ri#"ts It was important to ensure that no onecommunity systematically dominates others. This made it mandatory for ourConstitution to recognise community based rights. 7ne such right is the right ofreligious communities to establish and run their own educational institutions. (uchinstitutions may receive money from the government. This provision shows that theIndian Constitution does not see religion merely as a privateD matter concerning the

individual.+.!ecularis( /very citi%en is allowed to practice and profess the religion of hisF herchoice. Eowever, the (tate has the right to interfere in harmful religious practices.

,.-niversal ranc"ise /very person of either se" who has attained the age of eighteen isentitled to vote for the Eouse of 8epresentatives or #arliament..Federalis( Indian federalism has been constitutionally asymmetric. To meet thespeci c needs and re uirements of some sub units, it was always part of the originaldesign to have a uni ue relationship with them or to give them special status. !ore"ample, the accession of ammu and


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endedness indicates the willingness of people to modify their e"isting preferences to 'ustify outcomes by reference to reason. It also shows a willingness to recognisecreative value in di6erence and disagreement.2.It re+ects a spirit of compromise and accommodation. -e could not have everythingbut to secure a bit of all things important cannot be morally blameworthy. 9esides, acommitment to the idea that decisions on the most important issues must be arrived atconsensually rather than by ma'ority vote is e ually morally commendable.Q.+ What are so!e criticis!s o# the &ndian Constitution?

Ans: 1.The criticism that it is unwieldy is based on the assumption that the entireconstitution of a country must be found in one compact document. The fact is that acountryDs constitution is to be identi ed with a compact document and with otherwritten documents with constitutional status. Thus, it is possible to nd importantconstitutional statements and practices outside one compact document. In the case ofIndia, many such details, pract

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