Class 9 Social Science Working of Institutions Exam Notes

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This Class 9 Social Science exam notes page on Working of Institutions covers the Indian Parliament (composition, qualifications, the Speaker, powers and functions, passing of ordinary and money bills, and the no-confidence motion), the Central Executive (President, Vice-President, Prime Minister, Council of Ministers and bureaucracy), the Judiciary and its independence, a glossary of key terms, and the chapter exercise with answers.

 

Topics Covered

1. The Legislature: Parliament
2. Powers and functions of the Parliament
3. How a bill is passed in the Parliament
4. The Central Executive: President, Vice-President and Prime Minister
5. Union Council of Ministers and bureaucracy
6. The Judiciary and its independence
7. Glossary
8. Exercise

 

THE LEGISLATURE: PARLIAMENT

The Indian Parliament is an important organ of the Central Government. Let us study its composition and powers.

Composition
The Indian Parliament has two Houses. The Lower House is called the Lok Sabha or the House of the People, and the Upper House is known as the Rajya Sabha or the Council of States. The total membership of the Lok Sabha is 551. Out of them, the President of India can nominate two members belonging to the Anglo-Indian community, if it is not adequately represented in the House. The total membership of the Rajya Sabha has been fixed at 250. Out of this number, 238 are elected by the different 28 States and seven Union Territories, while 12 are nominated by the President in order to give representation to eminent people in the field of literature, science, art or social service.

Essential Qualifications for the Members of Parliament
A person must have the following qualifications to become a member of the Parliament of India:
1. He should be a citizen of India.
2. He should be 25 years old for the Lok Sabha and 30 years old for the Rajya Sabha.
3. He should not hold any office of profit under the Government of India.
4. He should not be either an insolvent or a bankrupt, and should not have served a sentence for an offence.

An M.P. gets a salary of Rs. 12000 per month in addition to many allowances, such as Daily Allowance (Rs. 500), Constituency Allowance (Rs. 10,000 per month) and office expenses (Rs. 14,000 per month), etc.

Speaker of the Lok Sabha
In order to conduct the business of the Lok Sabha at the Centre and the Vidhan Sabhas in the States in a proper manner, the Indian Constitution has made a provision for the office of the Speaker and the Deputy-Speaker. The Lok Sabha at the Centre and the Vidhan Sabhas in the States elect the Speaker in their very first session from among their own members.

The Speaker is an important, or perhaps the most important, member of the Lok Sabha and Vidhan Sabha. He presides over the meetings of the Lok Sabha and Vidhan Sabha and conducts their business. Resolutions or bills can be moved only with his permission. It is he who decides whether a bill is a money bill or not. It is he who adjourns meetings of the Lok Sabha and Vidhan Sabha. All members, including Government members and ministers, have to obey his authority.

 

POWERS AND FUNCTIONS OF THE PARLIAMENT

Although the primary function of the Parliament is law-making, the Parliament has to perform a galaxy of other functions too.

1. Legislative or Law-making Functions
(a) It frames new laws and amends or repeals them, if necessary, on the 97 subjects of the Union List and on all the residuary subjects which have not found a place in any of the lists.
(b) In certain cases, it can enact laws on the subjects of the State List also.
(c) The Parliament, along with the State legislatures, can pass laws regarding the 47 subjects on the Concurrent List. In case of any clash, the law passed by the Parliament shall prevail.
(d) The Union Parliament has the sole right to amend the Constitution, although in certain cases these amendments should be ratified by a majority of the states. The States can, in no case, initiate an amendment to the Constitution.

2. Control on the National Finance or Financial Powers
The Union Parliament is the custodian of the national purse. Neither a penny can be spent on any item, nor a paisa collected by way of taxes, without the prior approval of the Parliament. The Parliament passes the Budget of the Union Government. It is, however, empowered to vote a cut in the Budget or to reject it altogether. Thus, the Parliament acts as the controller of the national finance.

3. Control over the Government or the Executive Powers
The most important function of the Parliament is to exercise control over the Government.
(a) The Government is directly responsible to the Parliament for its acts of commission and omission. If the Government flouts the Constitution, it can be voted out of office by passing a vote of no-confidence against the Prime Minister, the Ministry as a whole or any of its members.
(b) The members of the Parliament can move an adjournment motion on any urgent matter requiring the immediate attention of the Government. If such a motion is admitted, the Minister in charge of the department where any untoward event has happened is reprimanded for the flaws or failure of his ministry.
(c) An hour a day in the daily routine of the Parliament, when in session, is reserved for asking questions from the Government. The members can ask any question relating to the administration of the State, and the Ministers are obliged to answer them. In this way, they can keep a check on the functioning of the various departments under different ministers.
(d) The Parliament can hold the strings of the Government tight by voting a cut in the annual Budget. The salaries and allowances of the ministers are decided by the Parliament.

4. Judicial Powers or Functions
The Parliament enjoys certain judicial powers also. It can impeach the President, a judge of the Supreme Court or a judge of the High Court, in case they are found acting against the Constitution, misusing their status or indulging in corruption of any nature.

5. Electoral Powers or Functions
The Parliament plays an important role in the election of the President and the Vice-President. Moreover, the Lok Sabha elects its own Speaker and Deputy Speaker from among its members, and the Rajya Sabha elects its Deputy Chairman.

 

HOW IS A BILL PASSED IN THE PARLIAMENT?

The proposal for a law, when introduced in the legislature, is called a bill. When a bill is passed by the proper procedure, it is called a law. Until it is passed, a bill is not called a law.

Passing of an Ordinary Bill

After introduction, a bill is considered several times before its passage. The progress of considering the bill is known as its reading. In the case of an ordinary bill, three readings are gone through in each House.
First reading: In the first stage, only the name and the purpose of the bill are given, and the bill is circulated among all the members of the House. A member can introduce the bill. If the House is in favour of the introduction of the bill, this is called its first reading, and then the bill goes to the second stage.
Second reading: In the second stage, the bill is taken up clause by clause for discussion, and some changes are made with the approval of the House. Sometimes, a bill is sent to a small committee for its special recommendations. If these recommendations are approved by the House, they are incorporated in the bill.
Third reading: The last or third stage comes when the bill as a whole is put to vote. If it is passed by a simple majority, it is sent to the other House, where the same procedure is followed.
Finally, when the bill is passed by both the Houses of Parliament, it is sent to the President for his assent. After his assent, it becomes a law.

Difference in the Procedure of Passing an Ordinary Bill and a Money Bill

1. An ordinary bill can be introduced in either of the two Houses of the Parliament (Lok Sabha or Rajya Sabha), but a money bill can only be introduced in the Lok Sabha.
2. An ordinary bill can be introduced by the Government or by any member of the House, but a money bill can only be introduced by the Government.
3. An ordinary bill has to be passed by both the Houses of the Parliament, and then it is sent to the President for his assent. If both the Houses do not agree, a joint sitting of the two Houses is called under the chairmanship of the Speaker of the Lok Sabha, and then the bill is passed or rejected by a majority of the members present.

As far as a money bill is concerned, the Rajya Sabha has no power whatsoever to make a change in the bill passed by the Lok Sabha. It can only delay the passage of the money bill for 14 days, and after that the money bill is deemed to have been passed by both the Houses.

When can the Parliament legislate on the subjects in the State List?
The Constitution has established a federation in India, but the Centre has been made more powerful. In certain circumstances the Parliament can legislate on State matters.
1. If the Rajya Sabha, by a two-thirds majority, passes a resolution that a particular subject mentioned in the State List has assumed national importance, then the Parliament can legislate on that subject.
2. If the legislatures of two or more States request the Parliament, then it can make laws on that subject.
3. When a state of emergency is proclaimed in the country.

No-Confidence Motion
In a parliamentary set-up, the Council of Ministers works till it enjoys the confidence of the Legislature. If a successful motion of no-confidence is passed in the Parliament, the Council of Ministers has to resign. If, on the other hand, the majority votes against the motion, the Government survives. No-confidence motions are very important, because when a debate is held on a no-confidence motion, members discuss the general policies of the Government in detail and not the matter of a particular bill. In this way, much light is shed on different problems and on the attitude of different parties towards them.

 

THE CENTRAL EXECUTIVE

The Central Executive consists of the President, the Vice-President, the Prime Minister and the bureaucracy of the Civil Services. The President is the head of the State, while the Prime Minister is the head of the Government. Let us know about them in some detail.

 

THE PRESIDENT

His Term of Office: The President of India holds office for five years. He can be re-elected once after the expiry of his tenure. He gets a monthly salary of Rs. 50,000 in addition to a number of allowances, perks and privileges.

His Qualifications
(a) He should be a citizen of India.
(b) He should be of thirty-five years of age at the time of election.
(c) He should not be an insolvent or bankrupt.
(d) He should not hold any office of profit under the Central or State Government. If he holds any office, he should vacate such a post before seeking the election.
(e) He should not be a pronounced offender or a sentenced criminal under the law of the land.

Election of the President
The President of India is not directly elected by the people. He is elected indirectly by an electoral college composed of the elected members of both the Houses of the Parliament, as well as the Legislative Assemblies of the States, in accordance with the system of proportional representation by means of a single transferable vote. Under this system, no vote goes waste. The vote is cast by ballot. The value of the vote of a member of a State Legislative Assembly is determined by the population of that State. The voting strength of all the Legislative Assemblies of all the States taken together is equal to the voting strength of the two Houses of the Parliament.

The person to be elected as the President of India must get a particular quota. The quota is determined by the following formula:
\( \text{Quota} = \frac{\text{Total No. of Votes}}{\text{No. of states} + 1} + 1 \)

The President is elected for a five-year term. If he so desires, he can seek election for another five-year term. He used to get a salary of twenty thousand rupees, which could not be reduced during his term of office. In August 1998, the Indian Parliament passed a bill hiking the pay of the President from Rs. 20,000 to Rs. 50,000, in addition to his usual allowances, perks and privileges as detailed in the Second Schedule (Part-A) of the Constitution. This hike was necessitated by the revision of the pay scales of the Central Government employees as a result of the recommendations of the Fifth Pay Commission.

Removal of the President
There is a special procedure for the removal of the President. He can be removed by impeachment for violation of the Constitution. This impeachment can be initiated in either House of the Parliament by at least one-fourth of the total members of that House. The notice for this purpose is sent to the President, and after 14 days it can be taken up for consideration by the House concerned. Such a resolution must be passed by a two-thirds majority of the total membership of the House. Then the other House investigates the charges. If the other House approves the charges by a two-thirds majority again, the President is removed. The President has the full right to defend himself personally or through his authorised counsel. The procedure for the removal of the President has thus been made difficult, because the President holds an important, or rather the most important, position under the Constitution.

Powers and Functions of the President
The President of India enjoys vast powers. He has to perform various functions spread over the executive, legislative, judicial and financial fields. It must be mentioned here that in actual practice, these powers are exercised by the Prime Minister and his Council of Ministers.

Executive Powers of the President
(i) Administration of the whole country is carried on in his name.
(ii) He makes important appointments, like those of the Prime Minister of India, Central Ministers, Governors of the States, Ambassadors and Judges.
(iii) He is the Supreme Commander of the Indian Armed Forces and declares war as well as concludes peace treaties.
(iv) He receives the credentials of ambassadors from other countries.
(v) The President has the power of directing, co-ordinating and controlling the State Governments.
(vi) The administration of the Union Territories and the Border Areas is the responsibility of the President.

Legislative Powers of the President
The President of India enjoys various legislative powers also.
(i) The first session of the Parliament is addressed by the President, in which he lays emphasis on the internal and external policies of the Government.
(ii) He can summon or prorogue either House of the Parliament.
(iii) He can dissolve the Lok Sabha and order fresh elections.
(iv) He can address a Joint Session of the Parliament or each of the Houses separately.
(v) He nominates 12 members to the Rajya Sabha from different strata of society, and 2 members to the Lok Sabha to represent the Anglo-Indian community, if none of their members gets a seat in the Lok Sabha.
(vi) He can send messages to either House of the Parliament.
(vii) He is an integral part of the Parliament; therefore, no bill passed by both the Houses of the Parliament can become a law unless he signs it.
(viii) He issues ordinances when the Parliament is not in session.

Judicial Powers of the President
The President has been given a number of powers in the judicial sphere also:
(i) He appoints the Chief Justice and other Judges of the Supreme Court of India and the State High Courts.
(ii) He can seek the advice of the Supreme Court on any question of law or an important issue.
(iii) He has the power to grant pardon, to remit or suspend a sentence of punishment, or to commute a sentence on an appeal for mercy. He can commute even a death sentence to imprisonment for life or otherwise.
(iv) He is not answerable before any Court of law for the discharge of his duties.
(v) No criminal suit can be initiated against him during his tenure of office.

Financial Powers of the President of India
(i) No money bill can be presented in the Lok Sabha without the President's prior permission.
(ii) The Budget of the Central Government is presented to the Lok Sabha by the Union Finance Minister only with the permission of the President.
(iii) He appoints the Finance Commission after five years, or earlier if such a need arises.
(iv) He distributes the shares of the income tax between the Union and the States. All these powers of the President are, however, exercised by him only on the advice of the Cabinet.

Ceremonial Powers of the President of India
1. Being the Supreme Commander of all the three services, Army, Navy and Air Force, he takes the salute on 26th January on Republic Day.
2. The diplomats of all foreign countries present the letters of their credentials before the President of India.
3. The President of India receives the Heads of different States whenever they happen to pay a visit to India.

Emergency Powers of the President
Of all the powers vested in the President of India, the emergency powers are the most important. The President of India has three types of emergency powers, which have a direct bearing on the States.
1. Emergency caused by war, foreign aggression or/and internal disturbances, and its effects on the State. If the President declares a state of emergency, then the Parliament can enact laws for the whole country. The Fundamental Rights of citizens stand suspended, and the administration takes a unitary form of government.
2. Emergency caused by constitutional breakdown and its effects on the State. If the Governor of a State reports to the President that the continuation of a government according to the provisions of the Constitution is not possible, the President can declare an emergency in that State. In such a situation, the Council of Ministers and the legislature are dissolved, and the administration is carried on by the Governor as per the directive of the President.
3. Financial emergency and its effects on the State. If there is an imminent danger to the financial stability of the country, the President can proclaim a financial emergency. Following this proclamation, the President can reduce the pay and allowances of government servants. He can also exercise control over the finances of the States.

Position of the President
From the above discussion, it becomes quite clear that the President holds an office of great prestige, but if we go a little deeper, we see that he enjoys very little power. The President cannot declare an emergency all by himself. It is on the advice of the Prime Minister that the President can declare a state of emergency. A written request is sent by the Council of Ministers headed by the Prime Minister to the President, and only then can he declare a state of emergency. Moreover, such a declaration must be approved by the Parliament within one month.

 

THE VICE-PRESIDENT OF INDIA

Election of the Vice-President
The Vice-President of the Indian Union is elected jointly by the Houses of the Parliament. The procedure for his election consists of a secret ballot, proportional representation and the single transferable vote. An absolute majority of votes polled is also required for the election of the Vice-President. He gets a salary of Rs. 40,000 per month, besides various allowances and privileges.

Functions of the Vice-President of India
(a) Ex-officio Chairman of the Rajya Sabha: Like the Vice-President of the U.S.A., the Vice-President of the Indian Union acts as the ex-officio Chairman of the Rajya Sabha.
(b) Acting as the President of India: If the office of the President falls vacant due to his resignation, death, impeachment, illness or absence from the country, the Vice-President of India, like his counterpart in the U.S.A., takes over as the President. But unlike the Vice-President of the U.S.A., the Vice-President of India holds this office only till a new President is elected.

 

THE PRIME MINISTER

Appointment, Position, Powers and Functions of the Prime Minister
Appointment of the Prime Minister: The Prime Minister is the leader of the majority group in the Parliament. The majority group selects one person as their leader. This leader, after due confirmation by the President, comes to be known as the Prime Minister. So long as he enjoys the confidence of the Parliament, he remains in his post. The moment he loses its confidence, he ceases to be the Prime Minister. Thus, the real source of his power is the confidence of the Parliament and the people.

Constitutional Status and Position of the Prime Minister: Why is he more powerful than the President?
The office of the Prime Minister is very important under the Indian Constitution. According to the wording of the Constitution, the Prime Minister is the chief adviser of the President and holds office till the President's pleasure. But in practice, the Prime Minister exercises all the powers enumerated in the name of the President. The Prime Minister is the real ruler and the leader of the country. He is directly elected by the people, while the President is indirectly elected. This very fact makes his position more powerful than that of the President. Sometimes, it is also said that he is "First among Equals", but to say so is to undermine his position. He can appoint and drop any minister as and when he desires. He undoubtedly holds the most important position in the country, as he wields many powers.

Powers of the Prime Minister
1. The Prime Minister has the right to form his Council of Ministers and to distribute portfolios among them. If any minister disagrees with the Prime Minister, the latter can get him removed from the Council of Ministers.
2. He allocates work to the different members of the Council of Ministers. He acts as a co-ordinator among the various ministers, so that the whole work of administration is carried on smoothly.
3. The Prime Minister and his Council of Ministers formulate the internal as well as the external policies of the Government. He and his Council of Ministers have the right to get a state of war or peace declared by the President. He and his Council of Ministers put their policies before the Parliament and get them ratified by it.
4. The President makes important appointments only on the advice of the Prime Minister. Appointments of the Governors, Ambassadors, Judges, etc. are made on the Prime Minister's advice.
5. The President proclaims emergency on the advice of the Prime Minister.
6. It is on the advice of the Prime Minister that the President summons or prorogues the sessions of both the Houses of the Parliament and dissolves the Lok Sabha.

Union Council of Ministers
There is a Union Council of Ministers headed by the Prime Minister. The Council of Ministers has three categories of ministers besides the Prime Minister. They are:
(i) Cabinet Ministers
(ii) Ministers of State
(iii) Deputy Ministers

(i) Cabinet Ministers: They are the most important members of the Council of Ministers. They are the full-fledged ministers who hold important portfolios.
(ii) Ministers of State: They are the second category of ministers. They may or may not hold an independent charge of any portfolio. The Prime Minister may or may not consult them.
(iii) Deputy Ministers: They are the third category of ministers, who assist the Cabinet Ministers and the Council of Ministers.

Differences between the Cabinet and the Council of Ministers
Firstly, the Council of Ministers is a wider body, while the Cabinet is only one part of it. It is the innermost part of the Council of Ministers. There are about 60 ministers in the Council of Ministers, but in the Cabinet there are about 12 ministers. Secondly, the Cabinet Ministers are full-fledged ministers who hold important portfolios like Defence, Finance, Home, etc. They are the most trusted colleagues of the Prime Minister. The Prime Minister always consults them. He may or may not consult the other ministers. But the decisions of the Cabinet are binding on all the members, whether they are a party to the decisions or not.

Bureaucracy or the Civil Service
The President, the Prime Minister and the Council of Ministers form the Political Executive at the Centre, while the body of civil servants is called the Administrative or the Permanent Executive. The Cabinet (or the Council of Ministers) only formulates the policies, while the real execution is left to the civil or public servants. These civil servants at the Centre are selected by the Union Public Service Commission and are called the I.A.S. officers. Similarly, the different State Public Service Commissions hold competitive examinations and select the officers of the Provincial Civil Service (P.C.S.). These officers, whether at the Central level or at the State level, hold key positions in their respective spheres. Formerly, under British rule, they had only limited duties to perform, such as maintaining law and order and collecting revenue. But with the independence of India, their duties have multiplied manifold. In addition to the above duties, they have to perform various general welfare duties, such as education, health, construction of railways and roads, maintenance of the means of transport and communication, etc. As such, a great many qualities are expected in a public servant. First of all, he should be intelligent, so that he can understand his work well. Secondly, he should be honest in his dealings and hard-working in his profession. Thirdly, he should be regular and punctual and fully devoted to his job. Fourthly, he should be polite, co-operative and always prepared to serve the people. It is also the duty of the people to co-operate with these civil servants, so that they are able to perform their jobs smoothly and efficiently.

 

THE JUDICIARY

In a federal State like India or the U.S.A., conflicts can arise between the Central and the State Governments, or between two or more States. For example, there are conflicts between Haryana and Punjab over the distribution of river waters, or over certain parts of Hindi-speaking or Punjabi-speaking areas. In such a case, who shall settle or decide the different disputes arising between the Central and State Governments, or between two or more States? So the Supreme Court or the judiciary is a must for the smooth running of every federation.

How does the judicial set-up function?
At the head of the judicial system there is the Supreme Court, followed by the High Courts.

The Supreme Court is the highest judicial tribunal of India, and as such it wields very extensive powers. It enjoys various original, appellate and advisory powers.
1. Its original jurisdiction extends to disputes arising between the Union Government and the States, between one State and another, and between the citizen and the State. The Supreme Court is the guardian of the Fundamental Rights of the citizens.
2. The appellate jurisdiction of the Supreme Court extends to both criminal and civil cases. It can hear appeals in both criminal and civil cases against the decisions of the High Courts of different States.
3. The Supreme Court also acts as the guardian of the Indian Constitution. It can declare the laws passed by the Parliament and State Legislatures ultra vires (void) if such laws infringe any Article of the Constitution.
4. In its advisory capacity, the Supreme Court can guide the President on matters which he refers to it from time to time.
5. The Supreme Court, as head of all the courts of the country, also supervises and controls their working.

The High Courts, like the Supreme Court, also interpret the Constitution of the country and can declare any law of the State legislature invalid if they find such a law to be against the Constitution. They can determine the constitutional validity of any legislation or the executive action of the State, when it is challenged before them. This power is known as judicial review. Sometimes, this action of the High Courts in striking down the laws or actions of the executive has led to tension between the State legislative assemblies on the one hand and the State judiciary on the other.

The High Courts also act as the guardians of the Fundamental Rights of the citizens. Moreover, the High Courts have been given powers to give judgements and directives to protect public interest and human rights. If the public interest of any citizen is affected by the action of the Government, he can approach the courts. This is called public interest litigation (PIL). The High Courts also check malpractices like corruption and bribery on the part of any public officer. They interfere to prevent the misuse of government powers.

Appeals against the District Courts and other subordinate courts can also be heard by the High Courts. At the lowest level of the judiciary are the District Courts and other subordinate courts. They decide both criminal and civil cases in their own areas. Appeals against their decisions are heard by the High Courts of their respective States.

Of all the political institutions in the country, the legislature, the executive, the judiciary, etc., the judiciary enjoys the highest confidence of the people.

Independence of the Judiciary
For a successful federal democracy, it is most essential that the courts of law should be independent, to administer justice and to interpret the Constitution and the different laws passed by various legislatures from time to time. Independence of the judiciary implies that neither the executive, nor the legislature, nor any government or private agency should be able to influence the judges in the course of their discharge of duties as judges. Such independence of the judiciary has been ensured in India by means of the following provisions:
1. Security of service: The judges have sometimes to give decisions against the Government, which can be embarrassing. As such, they have been given full security of service. It has been provided in the Constitution that the judges shall be appointed by the President but cannot be removed from office by him. Only in the event of gross misbehaviour, acting against the provisions of the Constitution, corruption or misuse of office, can a judge be removed from service by means of impeachment by the Parliament.
2. Security of pay and allowances: In order to make a judge desist from accepting bribes or falling prey to any financial inducement, they have been given handsome salaries, besides many allowances and other facilities. The judges of the Supreme Court formerly used to get a monthly salary of Rs. 10,000 in the case of the Chief Justice and Rs. 9,000 in the case of other judges. However, as a result of the recommendations of the Fifth Pay Commission, their pay has been further hiked. The judges of the Supreme Court will get Rs. 30,000 per month, while the Chief Justice will get above Rs. 30,000.
3. Independent procedure of the courts: The Supreme Court and the High Courts are free to decide their own procedure of work and their establishment. They are not likely to be influenced by any outside agency.
4. No practice after retirement: In order to keep the judges impartial, they are not allowed to practise after retirement.
5. Free decisions and decrees: The judges are free to announce their decisions and decrees in their courts without any danger to their person, property and fame. Their decisions cannot be criticised by the public or the press. Their personal safety is the duty of the State and is ensured at all costs.

 

GLOSSARY

1. Bureaucracy: Large number of government officials who help the ministers to run the machinery of administration.
2. Council of Ministers: A body of ministers collectively responsible to the Lok Sabha.
3. Cabinet: A body of senior ministers who control important ministries.
4. Collective Responsibility: For any decision or action of the Cabinet, the Council of Ministers is collectively responsible. If any of the Cabinet decisions are not approved by the Parliament, the entire Council of Ministers has to resign.
5. Emergency: Extraordinary or abnormal situation in a country.
6. Ex-officio: By virtue of the position held.
7. Electoral College: A specially constituted elected body to elect the President and Vice-President of India.
8. Emergency Powers: Powers given to deal with an unexpected and critical situation.
9. First among Equals: Ranking equal to others, yet holding a position of pre-eminence.
10. Impeachment: A special parliamentary procedure to prosecute or to remove the President, judges, etc. for violation of the Constitution.
11. Money Bills: Bills dealing with money matters like taxes, income, expenditure and grants.
12. No Confidence Motion: A motion moved by the opposition to prove that it has no confidence in the Council of Ministers. If such a motion is passed by the majority of members of the Lok Sabha, the ministry has to resign.
13. Ordinance: A direction issued by the President when Parliament is not in session. It has the force of law for six months.
14. Parliamentary form of Government: A system of government where the Parliament is supreme and the Council of Ministers is collectively responsible to the Parliament.
15. Planning Commission: An autonomous body headed by the Prime Minister and concerned with matters related to five-year plans or economic planning.
16. President's Rule: If the President gets a report from the Governor or any other source that the government of the State cannot be carried on in accordance with the Constitution, he can impose President's rule. The government then becomes unitary in nature.
17. Prorogue: To discontinue a meeting of the Parliament for a time without dissolving it.
18. Starred Question: A question marked with a star for oral answer by a minister in the Parliament.
19. Question Hour: During a parliamentary session, a time is fixed for asking questions and answering them orally.
20. Lok Sabha: The Indian Parliament is bicameral in nature. The Lok Sabha, also known as the lower House, is composed of the elected representatives of the people.
21. Rajya Sabha: The Rajya Sabha, or Upper House, represents the interests of the States and Union Territories.
22. Speaker: He is the presiding officer of the Lok Sabha and is responsible for the efficient conduct of business in the Lok Sabha.
23. Executive: It is an organ of government which implements the laws passed by the legislature.
24. Legislature: It is the organ of government which makes laws and keeps a check on the executive.
25. Judiciary: It is the organ of government which ensures that justice is meted out impartially and settles disputes between individuals and the State.
26. Appellate Jurisdiction: The power of a superior court to hear and decide appeals against the judgment of lower courts.
27. Civil Cases: Cases relating to property, taxes, contracts, etc.
28. Criminal Cases: Cases involving violation of penal laws, such as murder, theft, assault, etc.
29. Court of Record: The Supreme Court and the High Courts are Courts of Record. All their decisions and proceedings are recorded, which can be used or cited in similar cases in future.
30. Independence of the Judiciary: The Constitution has made provisions to keep the judiciary independent of the control of the executive, so that the judiciary is not biased in favour of the government.
31. Jurisdiction: Refers to the territorial limits within which a court's authority can be exercised. The area of authority is called jurisdiction.
32. Original Jurisdiction: Type of cases which come directly before the Supreme Court.
33. Lok Adalats: The people's courts set up for the purpose of speedy settlement of certain disputes. They are like family courts.
34. Subordinate Courts: The courts which function under the supervision and orders of the High Court.
35. Unified Judiciary: India has a single judicial system for the entire country, connected by a number of courts, with the Supreme Court at the apex of the entire judicial system.
36. High Court: The highest court at the State level.
37. Advisory Jurisdiction: The Supreme Court can advise the President on any question of law or any matter of public importance.
38. Supreme Court: The last court of appeal. It lies at the apex of the entire judicial system.
39. Office Memorandum: A communication issued by an appropriate authority stating the policy or decision of the government.
40. State: A political association occupying a definite territory, having an organised government and the power to make domestic and foreign policies.
41. Reservations: A policy that declares some positions in government offices and educational institutions 'reserved' for people and communities who have been discriminated against and are backward.
42. Political Institutions: A set of procedures for regulating the conduct of government and political life in the country.
43. Government: A set of institutions that have the power to make, implement and interpret laws, so as to ensure an orderly life.
44. Coalition Government: A government formed by an alliance of two or more political parties, usually when no single party enjoys the majority support of the members in a legislature.

 

EXERCISE

 

A. VERY SHORT ANSWER TYPE QUESTIONS

Q.1 What are the qualifications required to be a member of Lok Sabha ?

Answer:
1. He should be a citizen of India.
2. He should be 25 years old.
3. He should not hold any office of profit under the Government of India.
4. He should not be an insolvent or a bankrupt, and should not have served a sentence for an offence.

Teacher's Note:
a) Age is counted for the Lok Sabha at 25 years, while the Rajya Sabha needs 30 years.
b) An office of profit under the Government of India is a common trap in these questions.
c) Insolvency and bankruptcy both disqualify a candidate.

 

Q.2 Mention two ways in which the Lok Sabha has been made more powerful than the Rajya Sabha.

Answer:
1. A money bill can be introduced only in the Lok Sabha, while the Rajya Sabha can only delay it for 14 days.
2. The Council of Ministers is collectively responsible to the Lok Sabha, and it has to resign if a no-confidence motion is passed in the Lok Sabha.

Teacher's Note:
a) The Lok Sabha is the House of the people, which is why it controls the government.
b) Money bill powers are the most common example in exams.

 

Q.3 Mention two important functions of the Speaker of the Lok Sabha.

Answer:
1. He presides over the meetings of the Lok Sabha and conducts its business.
2. He decides whether a bill is a money bill or not.

Teacher's Note:
a) Bills and resolutions can be moved only with the Speaker's permission.
b) The Speaker also adjourns the House and keeps order among all members.

 

Q.4 When does the President address the joint sitting of both Houses of Parliament ? Who is the official who decides whether a bill is a money bill or not.

Answer:
1. The President addresses the joint sitting of both Houses at the commencement of the first session after each general election of the Lok Sabha, and at the commencement of the first session of each year.
2. The Speaker of the Lok Sabha decides whether a bill is a money bill or not.

Teacher's Note:
a) The President's address to Parliament sets out the policies of the government for the session.
b) The decision of the Speaker on a money bill is final.

 

Q.5 State two provisions of the Constitution which prove the supremacy of the Lok Sabha over the Rajya Sabha with regard to money bill ?

Answer:
1. A money bill can be introduced only in the Lok Sabha.
2. The Rajya Sabha has no power to amend or reject a money bill passed by the Lok Sabha. It can only make recommendations or delay the bill for 14 days, after which the bill is deemed to have been passed by both Houses.

Teacher's Note:
a) The Rajya Sabha can make recommendations, but the Lok Sabha is free to accept or reject them.
b) The 14 day delay is the only check that the Rajya Sabha has on a money bill.

 

Q.6 What are the qualifications required for contesting the election for the post of the President.

Answer:
1. He should be a citizen of India.
2. He should be of thirty-five years of age at the time of election.
3. He should not be an insolvent or a bankrupt.
4. He should not hold any office of profit under the Central or State Government. If he holds one, he should vacate it before seeking election.
5. He should not be a pronounced offender or a sentenced criminal under the law of the land.

Teacher's Note:
a) The age requirement for the President is 35 years, which is higher than for an MP.
b) Holding an office of profit does not stop a person from contesting, if he vacates the office before the election.

 

Q.7 Mention any two judicial powers of the Indian President.

Answer:
1. He appoints the Chief Justice and other Judges of the Supreme Court and the State High Courts.
2. He has the power to grant pardon and to remit or suspend a sentence of punishment, and can commute even a death sentence to imprisonment for life or otherwise.

Teacher's Note:
a) The President can also seek the advice of the Supreme Court on any question of law.
b) The President is not answerable before any court for the discharge of his duties.
c) These judicial powers are exercised on the advice of the Council of Ministers.

 

Q.8 How and on what grounds can the President be removed form office ?

Answer:
1. The President can be removed by impeachment for violation of the Constitution.
2. The impeachment can be initiated in either House by at least one-fourth of the total members of that House, after giving 14 days notice to the President.
3. The resolution must be passed by a two-thirds majority of the total membership of that House.
4. The other House investigates the charges, and if it also approves them by a two-thirds majority, the President is removed.

Teacher's Note:
a) The President can defend himself personally or through an authorised counsel.
b) The procedure is made difficult, because the President holds the highest office in the country.

 

Q.9 Mention any two functions of the Indian Vice president. under which two circumstances can the vice President act as the President ?

Answer:
1. Functions: The Vice-President is the ex-officio Chairman of the Rajya Sabha.
2. Functions: The Vice-President acts as the President if the office of the President falls vacant.
3. Circumstances: The Vice-President acts as President when the President resigns, dies or is removed by impeachment.
4. Circumstances: The Vice-President acts as President during the illness or absence of the President from the country.

Teacher's Note:
a) Unlike the Vice-President of the U.S.A., the Indian Vice-President holds the office of President only till a new President is elected.
b) Chairing the Rajya Sabha is the main regular function of the Vice-President.

 

Q.10 How is the Prime Minister of India appointed ?

Answer:
1. The majority group in the Parliament selects one person as its leader.
2. This leader is appointed as the Prime Minister by the President after due confirmation.
3. He remains the Prime Minister so long as he enjoys the confidence of the Parliament.

Teacher's Note:
a) The real source of the Prime Minister's power is the confidence of the Parliament and the people.
b) He ceases to be Prime Minister the moment he loses the confidence of the Parliament.

 

Q.11 What is meant by the term collective responsibility of a Minister ?

Answer:
1. Collective responsibility means that the Council of Ministers is collectively responsible to the Lok Sabha for every decision or action of the Cabinet.
2. All ministers stand or fall together, so if the Parliament does not approve a Cabinet decision, the entire Council of Ministers has to resign.

Teacher's Note:
a) Every minister must defend Cabinet decisions in public, even if he did not agree with them.
b) Collective responsibility keeps the government united.

 

Q.12 What is meant by the individual responsibility ?

Answer:
1. Individual responsibility means that each minister is responsible for the work of his own ministry or department.
2. If a minister is found to be incompetent or involved in wrongdoing, the Prime Minister can ask him to resign, and the minister is answerable for the failures of his department.

Teacher's Note:
a) Individual responsibility applies to a minister's own department, while collective responsibility applies to the whole Council.
b) The two forms of responsibility are often confused, so keep them apart in answers.

 

Q.13 What are the qualifications for the appointment of a judge of the Supreme court of India ?

Answer:
1. He should be a citizen of India.
2. He should have been a judge of a High Court for at least five years, or an advocate of a High Court for at least ten years.
3. Alternatively, he should be a distinguished jurist in the opinion of the President.

Teacher's Note:
a) The qualifications are for the post of judge, not for the post of Chief Justice.
b) Years of service as a judge or as an advocate are counted in the same way.

 

Q.14 How can a Supreme Court judge be removed from office ?

Answer:
1. A judge can be removed only by impeachment by the Parliament.
2. The removal is possible only on the ground of proved misbehaviour or incapacity, and the motion must be passed by a special majority in each House.

Teacher's Note:
a) The judges are not removable by the President alone, which protects their independence.
b) Security of service is one of the main provisions for the independence of the judiciary.

 

Q.15 How is the chief justice of India appointed ?

Answer:
1. The Chief Justice of India is appointed by the President.
2. By convention, the senior-most judge of the Supreme Court is appointed as the Chief Justice of India.

Teacher's Note:
a) The President appoints the Chief Justice formally, but the choice follows seniority.
b) The Chief Justice heads the Supreme Court and the whole judicial system.

 

Q.16 Mention any two writs that Supreme Court can issue ?

Answer:
1. Habeas Corpus: a writ to produce a detained person before the court, to decide whether the detention is lawful.
2. Mandamus: a writ commanding a public authority to perform a duty that it is legally bound to perform.

Teacher's Note:
a) Other writs are Prohibition, Certiorari and Quo Warranto.
b) Writs are issued to protect Fundamental Rights and to enforce legal rights.

 

Q.17 Describe the composition of the Supreme Court of India ?

Answer:
1. The Supreme Court consists of the Chief Justice of India and other judges.
2. At present, there can be up to 33 other judges, so that the total strength is 34 judges including the Chief Justice.
3. All the judges are appointed by the President.

Teacher's Note:
a) The strength of the court is fixed by Parliament and has changed over the years.
b) The Supreme Court sits in New Delhi, as the highest court of the country.

 

Q.18 What is meants by Judicial Review ?

Answer:
1. Judicial review is the power of the courts to examine the constitutional validity of any law passed by the legislature or any action of the executive.
2. If a law or action is found to be against the Constitution, the court declares it invalid.

Teacher's Note:
a) The Supreme Court and the High Courts both have the power of judicial review.
b) Judicial review makes the Constitution the supreme law of the land.

 

Q.19 What is the advisory function of the supreme court ?

Answer:
1. The Supreme Court can guide the President on any question of law or any matter of public importance which the President refers to it.
2. This advice is given in an advisory capacity and it is not binding on the President.

Teacher's Note:
a) The advisory function is different from the judgment given in a case between parties.
b) The President seeks such advice on his own choice.

 

Q.20 How does the Supreme Court work as a court of Record ?

Answer:
1. The Supreme Court is a court of record, which means all its decisions and proceedings are recorded.
2. These records can be cited as precedents in similar cases in future, and the lower courts follow them.

Teacher's Note:
a) A court of record keeps a permanent written record of its proceedings.
b) Precedents help make the law consistent across the country.

 

Q.21 Why is it necessary to keep the judiciary independent of the government ?

Answer:
1. An independent judiciary can administer justice impartially, without fear or favour.
2. It can check the executive and the legislature if they act against the Constitution.
3. It protects the Fundamental Rights of citizens against the government.

Teacher's Note:
a) A judge must be free to decide cases against the government.
b) Independence is what gives people confidence in the judiciary.

 

Q.22 What is the judicial privilege of a citizen with regard of Fundamental Rights ?

Answer:
1. A citizen can directly approach the Supreme Court for the enforcement of his Fundamental Rights.
2. A citizen can also approach the High Court for the enforcement of Fundamental Rights, and the courts can issue writs for this purpose.

Teacher's Note:
a) This right to constitutional remedies is itself a Fundamental Right.
b) The Supreme Court is therefore called the guardian of the Fundamental Rights.

 

Q.23 What kind of jurisdiction does the Supreme court exercise in cases relating to central and state government ?

Answer:
1. The Supreme Court exercises its original jurisdiction in disputes between the Union Government and the States.
2. It also decides disputes between one State and another State.

Teacher's Note:
a) Original jurisdiction means the case comes directly to the Supreme Court and not through a lower court.
b) Such disputes can be about the sharing of river waters or the powers of the Centre and the States.

 

Q.24 What were the provision of the Mandal Commission ?

Answer:
1. The Mandal Commission recommended reservation of 27 per cent of jobs in the Central Government and public sector undertakings for the Other Backward Classes (OBCs).
2. It also recommended reservation in educational institutions and other measures for the upliftment of socially and educationally backward classes.

Teacher's Note:
a) The Commission was set up to identify socially and educationally backward classes.
b) Reservation is a policy for communities that have been discriminated against and are backward.

 

Q.25 What was the effect of the recommendations of the Mandal Commission ?

Answer:
1. The Government issued an office memorandum in 1990 to implement the reservation for OBCs in Central Government jobs.
2. The decision led to widespread protests and debates across the country.
3. The Supreme Court upheld the reservation in the Indra Sawhney case in 1992, but fixed a general limit of 50 per cent on reservations.

Teacher's Note:
a) The recommendations changed the policy of reservation in India.
b) The 50 per cent limit is an important point for exams.

 

Q.26 What role did parliament play in the passing of the office Memorandum ?

Answer:
1. The Parliament did not pass the office memorandum.
2. An office memorandum is an order issued by the executive (the Government), stating its policy or decision, and it does not need the approval of the Parliament.
3. The Parliament could only debate and discuss the policy of reservation.

Teacher's Note:
a) An office memorandum is different from a law, which must be passed by the Parliament.
b) Students often think every government decision needs Parliament's approval, which is not true.

 

Q.27 Name the two House's of Indian Parliament what is the main difference in their roles ?

Answer:
1. The two Houses of the Indian Parliament are the Lok Sabha (the lower House or House of the People) and the Rajya Sabha (the upper House or Council of States).
2. The Lok Sabha represents the people and is directly elected, and the Council of Ministers is responsible to it. The Rajya Sabha represents the States and Union Territories, and its members are elected by the State Legislative Assemblies and nominated by the President.

Teacher's Note:
a) The Lok Sabha has more powers over money bills and control of the government.
b) The Rajya Sabha protects the interests of the States in the federal system.

 

Q.28 What is the difference between the political executive and the permanent executive ?

Answer:

BasisPolitical ExecutivePermanent Executive
Who they areThe President, the Prime Minister and the Council of MinistersThe bureaucracy or civil servants
TenureHold office for a limited term, and change with electionsHold permanent positions, and continue in service after a change of government
Main roleFormulate policiesImplement and execute the policies

Teacher's Note:
a) The political executive is accountable to the people through Parliament.
b) Civil servants are selected through competitive examinations, such as those of the Union Public Service Commission.

 

Q.29 What are the main constraints on the Prime Minister ?

Answer:
1. The Prime Minister remains in office only so long as he enjoys the confidence of the Parliament, and a no-confidence motion can remove him.
2. He has to work with coalition partners and his own party members, whose support he needs.
3. The Constitution and the judiciary limit his powers, and the courts can review the actions of his government.
4. Public opinion, the press and the federal structure of the country also limit his power.

Teacher's Note:
a) The Cabinet decisions are binding, so the Prime Minister cannot act alone.
b) Coalition politics often forces the Prime Minister to compromise on policies.

 

Q.30 When can the President exercise his discretion ?

Answer:
1. When no political party has a clear majority in the Lok Sabha, the President can choose the person to be appointed as Prime Minister.
2. When the Prime Minister dies or resigns without a clear successor, the President can use his judgement in appointing a new Prime Minister.
3. The President can return a bill other than a money bill to the Parliament for reconsideration.

Teacher's Note:
a) Discretion is used only in special situations, not in normal government work.
b) The President normally acts on the advice of the Council of Ministers.

 

Q.31 What is known as a PIL (Public Interest Litigation) ?

Answer:
1. Public Interest Litigation is a case filed in a court by any citizen or organisation on behalf of the public, when the public interest is affected by an action of the government or any other body.
2. The courts, including the Supreme Court and the High Courts, can hear such cases on issues like human rights, environment and corruption.

Teacher's Note:
a) The person filing the PIL need not be personally affected by the matter.
b) PIL makes justice available to people who cannot approach the courts directly.

 

Q.32 List the main functions of the Executive ?

Answer:
1. Implementing the laws passed by the legislature.
2. Administering the country and maintaining law and order.
3. Formulating the policies of the government.
4. Conducting the foreign relations and defence of the country.
5. Making appointments of officials and collecting revenue.

Teacher's Note:
a) The executive is the organ of government that puts laws into action.
b) Policy-making and implementation are the two main roles of the executive.

 

Q.33 State the main functions of the Judiciary ?

Answer:
1. Interpreting the Constitution and the laws.
2. Protecting the Fundamental Rights of the citizens.
3. Settling disputes between citizens, between citizens and the State, and between the Centre and the States.
4. Reviewing the laws and actions of the government through judicial review.

Teacher's Note:
a) The judiciary ensures that justice is delivered impartially.
b) The Supreme Court is the guardian of the Constitution.

 

Q.34 What are the essential functions of the Government ?

Answer:
1. Maintaining law and order and providing internal and external security.
2. Protecting the life, liberty and property of the citizens.
3. Providing public services, such as education, health and transport.
4. Managing the economy and collecting revenue through taxes.
5. Representing the country in its relations with other countries.

Teacher's Note:
a) Maintaining law and order is the oldest function of any government.
b) A modern government also takes up welfare functions.

 

Q.35 State two main social functions that a modern government performs for the people.

Answer:
1. A modern government provides education and health care to the people.
2. It provides social security and welfare schemes for the poor and the disadvantaged sections of the society.

Teacher's Note:
a) Under British rule, government functions were limited to law and order and revenue.
b) Welfare duties increased greatly after independence.

 

B. SHORT ANSWER TYPE QUESTIONS

Q.1 How is the President of India elected ?

Answer:
1. The President is not directly elected by the people. He is elected indirectly by an electoral college.
2. The electoral college is composed of the elected members of both Houses of the Parliament and the elected members of the Legislative Assemblies of the States.
3. The election is held by proportional representation through a single transferable vote and secret ballot. The value of the vote of a State Legislative Assembly member is determined by the population of that State.
4. The candidate must get the required quota, which is \( \frac{\text{Total No. of Votes}}{\text{No. of states} + 1} + 1 \).

Teacher's Note:
a) Under this system no vote goes waste, because votes are transferred to the next choice.
b) The voting strength of all State Assemblies together equals that of both Houses of Parliament.
c) The President's election is indirect, which is the most common trap in exams.

 

Q.2 Distinguish between the cabinet and the Council of Ministers ?

Answer:

BasisCabinetCouncil of Ministers
SizeAbout 12 ministersAbout 60 ministers
NatureThe innermost part of the Council of MinistersThe wider body, which includes the Cabinet
MembersFull-fledged ministers holding important portfolios, such as Defence, Finance and HomeCabinet Ministers, Ministers of State and Deputy Ministers
ConsultationAlways consulted by the Prime MinisterMay or may not be consulted by the Prime Minister

Teacher's Note:
a) The Cabinet formulates the main policies, while the Council of Ministers is responsible for the whole administration.
b) Decisions of the Cabinet are binding on all members of the Council of Ministers.

 

Q.3 Distinguish between a money bill and an ordinary bill.

Answer:

BasisMoney BillOrdinary Bill
IntroductionCan be introduced only in the Lok SabhaCan be introduced in either House
Who introducesOnly by the GovernmentBy the Government or by any member
SubjectDeals with money matters, like taxes, income and expenditureDeals with all other matters
Power of Rajya SabhaCan only delay it for 14 days and cannot amend or reject itCan amend, pass or reject it, and a joint sitting is held if the Houses disagree

Teacher's Note:
a) The Speaker decides whether a bill is a money bill.
b) A bill that is wrongly called money bill can be challenged, so the Speaker's decision is carefully made.

 

Q.4 Mention two legislative and two non-legislative functions of Parliament ?

Answer:
1. Legislative function: The Parliament makes new laws and amends or repeals the existing laws.
2. Legislative function: The Parliament has the sole right to amend the Constitution.
3. Non-legislative function: The Parliament controls the national finance by approving the Budget and taxes.
4. Non-legislative function: The Parliament controls the government through no-confidence motions, question hour and adjournment motions.

Teacher's Note:
a) Making laws is the primary function of the Parliament.
b) Electoral and judicial functions, such as electing the President and impeaching judges, are also non-legislative.
c) The Parliament is the custodian of the national purse.

 

Q.5 How has the Indian constitution ensured the independence of the judiciary ?

Answer:
1. Security of service: A judge cannot be removed by the President, and can be removed only by impeachment by the Parliament.
2. Security of pay and allowances: Judges get handsome salaries and allowances, which cannot be reduced to their disadvantage.
3. Independent procedure: The Supreme Court and the High Courts decide their own procedure and establishment.
4. No practice after retirement: Judges are not allowed to practise in any court after retirement.
5. Free decisions: Judges can give decisions without fear, and their decisions cannot be criticised by the public or the press.

Teacher's Note:
a) Judges sometimes have to decide against the government, so their safety of service is protected.
b) Financial security reduces the chance of judges accepting bribes.

 

Q.6 How is the judicial system organised ? Explain its importance in Indian democracy ?

Answer:
1. The Supreme Court is at the top of the judicial system and is the highest court of India.
2. Below it are the High Courts at the State level, followed by the District Courts and other subordinate courts at the lowest level.
3. The importance of the judiciary is that it protects the Fundamental Rights of citizens and interprets the Constitution.
4. It settles disputes between the Centre and the States, and between the citizens and the State, and it checks the misuse of power by the government.

Teacher's Note:
a) The judicial system is single and unified for the whole country.
b) Courts can strike down laws that are against the Constitution through judicial review.
c) The judiciary enjoys the highest confidence of the people among all institutions.

 

Q.7 What is appellate jurisdiction ? Explain the three types of appeals that can be made to the Supreme Court.

Answer:
1. Appellate jurisdiction is the power of a superior court to hear and decide appeals against the decisions of lower courts.
2. Constitutional appeals: appeals against the decisions of a High Court on the interpretation of the Constitution.
3. Civil appeals: appeals in civil cases, which relate to property, contracts and taxes, against the decisions of the High Court.
4. Criminal appeals: appeals in criminal cases, such as murder, theft and assault, against the decisions of the High Court.

Teacher's Note:
a) Appellate jurisdiction is different from original jurisdiction, where the case comes directly to the court.
b) Appeals ensure that a wrong decision of a lower court can be corrected.

 

Q.8 What are the functions of the Supreme Court ? State any four functions.

Answer:
1. Original jurisdiction: it decides disputes between the Union and the States, between States, and between the citizen and the State.
2. Appellate jurisdiction: it hears appeals in civil and criminal cases against the decisions of the High Courts.
3. Guardian of the Constitution and of the Fundamental Rights: it can declare laws passed by the Parliament or State Legislatures ultra vires if they infringe the Constitution.
4. Advisory function: it guides the President on questions of law or important issues referred to it.

Teacher's Note:
a) The Supreme Court also supervises the working of all the courts in the country.
b) Ultra vires means beyond the powers given by the Constitution.

 

Q.9 What are the functions of a modern government?

Answer:
1. Maintaining law and order and protecting the country from external threats.
2. Providing education, health care and other social services.
3. Promoting economic development, including building roads, railways and other infrastructure.
4. Protecting the weaker sections of society through welfare schemes.

Teacher's Note:
a) Modern government has many more duties than the government of colonial times.
b) Welfare functions are the main difference between a modern and an old-style government.

 

Q.10 What are the merits of a presidential system of Government ?

Answer:
1. There is a clear separation of powers between the executive, the legislature and the judiciary.
2. The President has a fixed term, so the government is stable and does not fall because of a no-confidence vote.
3. The policies of the government can be carried out consistently for the full term.
4. Since the executive is not responsible to the legislature, there is a check on arbitrary power through the separation of powers.

Teacher's Note:
a) The fixed term protects the government from frequent change.
b) Separation of powers is the main merit of the presidential system.

 

C. LONG ANSWER TYPE QUESTIONS

Q.1 Explain the emergency power of the President ?

Answer:
1. National emergency: The President can declare an emergency if the country faces war, external aggression or armed rebellion. The Parliament can then make laws for the whole country and the Fundamental Rights of citizens are suspended.
2. State emergency (constitutional breakdown): If the Governor reports that the government of a State cannot be carried on according to the Constitution, the President can declare an emergency in that State. The State Council of Ministers and the legislature are dissolved, and the Governor runs the administration on the directions of the President.
3. Financial emergency: If there is an imminent danger to the financial stability of the country, the President can proclaim a financial emergency. He can then reduce the salaries and allowances of government servants, and control the finances of the States.
4. The President declares an emergency only on the written advice of the Council of Ministers headed by the Prime Minister, and the declaration must be approved by the Parliament within one month.

Teacher's Note:
a) The emergency powers are the most important powers of the President.
b) The President acts on the advice of the Prime Minister and cannot act all by himself.
c) A state emergency makes the State government work under the Governor and the President.

 

Q.2 Examine the powers of the Indian Prime Minister?

Answer:
1. Leadership of the Council of Ministers: He forms the Council of Ministers, distributes portfolios among them and can get a minister removed if the minister disagrees with him.
2. Control over policy: He and his Council of Ministers formulate the internal and external policies of the Government, and put them before the Parliament.
3. Advice to the President: The President makes important appointments, such as those of Governors, Ambassadors and Judges, only on the advice of the Prime Minister. The President proclaims an emergency, and summons, prorogues or dissolves the Lok Sabha, only on his advice.
4. Co-ordination: He allocates work among the ministers and co-ordinates the work of the various ministers, so that administration runs smoothly.

Teacher's Note:
a) He is the real ruler and leader of the country, though the Constitution calls the President the head of the State.
b) He is directly elected by the people, which gives him more power than the President.
c) His power depends on the confidence of the Parliament, and he can be removed by a no-confidence motion.

 

Q.3 Explain a money bill. How is it passed in Parliament ?

Answer:
1. A money bill is a bill which deals with money matters, such as taxes, borrowing, income, expenditure and grants.
2. The bill is introduced only in the Lok Sabha, and only by the Government, with the prior permission of the President.
3. The Lok Sabha passes the bill by a simple majority and sends it to the Rajya Sabha.
4. The Rajya Sabha can make recommendations or delay the bill for 14 days. The Lok Sabha can accept or reject these recommendations.
5. If the Rajya Sabha does not return the bill within 14 days, the bill is deemed to have been passed by both the Houses.
6. After this, the bill is sent to the President, and it becomes a law after his assent.

Teacher's Note:
a) The Speaker of the Lok Sabha decides whether a bill is a money bill.
b) The Rajya Sabha has no power to amend or reject a money bill.
c) The 14 day period is counted from the day the bill is received by the Rajya Sabha.

 

Q.4 How does the Indian Parliament control the executive ?

Answer:
1. No-confidence motion: If a no-confidence motion is passed, the Council of Ministers has to resign.
2. Question Hour: An hour a day is set aside for questions to the Government, and ministers must answer them.
3. Adjournment motion: Members can move an adjournment motion on an urgent matter, and the minister in charge can be reprimanded for the failure of his department.
4. Control over finance: The Parliament approves the Budget and can cut or reject it, and it decides the salaries and allowances of ministers.

Teacher's Note:
a) The government is directly responsible to the Parliament for its acts of commission and omission.
b) A no-confidence motion discusses the general policies of the government in detail.
c) Control over the executive is the most important function of the Parliament after law-making.

 

Q.5 How does the Legislative procedure for passing a money bill in the parliament differ from an ordinary bill ?

Answer:

StageMoney BillOrdinary Bill
IntroductionOnly in the Lok Sabha, by the GovernmentIn either House, by the Government or any member
Passage in the first HousePassed by the Lok Sabha by a simple majorityPassed by the House in three readings
Passage in the second HouseThe Rajya Sabha can only recommend changes or delay the bill for 14 daysThe second House considers the bill in the same way, and can amend or reject it
Disagreement between HousesThe Lok Sabha decides whether to accept the recommendations, and the bill is deemed passed after 14 daysA joint sitting of both Houses is called, under the Speaker of the Lok Sabha
AssentSent to the President for assent after passingSent to the President for assent after passing

Teacher's Note:
a) The Rajya Sabha's powers are very limited in the case of a money bill.
b) The joint sitting is used only for ordinary bills, not for money bills.
c) The Speaker presides over the joint sitting, which is a useful point for exams.

 

Q.6 What are the legislative and executive power of the President ?

Answer:
1. Legislative powers: He summons, prorogues and dissolves the Lok Sabha, addresses the Parliament, and nominates 12 members to the Rajya Sabha and 2 members to the Lok Sabha.
2. Legislative powers: No bill passed by both Houses can become law without his assent, and he issues ordinances when the Parliament is not in session.
3. Executive powers: The administration of the country is carried on in his name, and he makes important appointments, such as those of the Prime Minister, Governors, Ministers and Judges.
4. Executive powers: He is the Supreme Commander of the Armed Forces, declares war and concludes peace treaties, and receives the credentials of ambassadors.

Teacher's Note:
a) In actual practice, these powers are exercised on the advice of the Prime Minister and the Council of Ministers.
b) The President can address either House separately or both Houses in a joint session.
c) The ordinance has the force of law for six months.

 

Q.7 Differentiate between the Presidential and Parliamentary forms of Government.

Answer:

BasisPresidential FormParliamentary Form
Head of State and GovernmentThe same person, the PresidentDifferent persons: the President is the head of State and the Prime Minister is the head of Government
Separation of powersStrict separation between the executive and the legislatureNo strict separation; the executive is drawn from the legislature
ResponsibilityThe executive is not responsible to the legislatureThe Council of Ministers is collectively responsible to the Parliament
TermFixed termNo fixed term; the government lasts as long as it enjoys the confidence of the Parliament
ExampleU.S.A.India, U.K.

Teacher's Note:
a) The parliamentary system is also called the responsible government.
b) A fixed term gives stability, while responsibility to the legislature gives control over the government.

 

D. MULTIPLE CHOICE QUESTIONS

Q.1 What is the total strength of the Rajya Sabha ?
(A) 240
(B) 250
(C) 255
(D) 260

Answer: (B) 250

1. Out of the total strength of the Rajya Sabha, 238 members are elected and 12 are nominated by the President.
2. 238 + 12 = 250.
3. Hence, the correct option is (B).

Teacher's Note:
a) The Rajya Sabha has 250 members, while the Lok Sabha has 551.
b) The 12 nominated members are chosen for their eminence in literature, science, art or social service.

 

Q.2 What is the total membership of the Lok Sabha?
(A) 535
(B) 540
(C) 550
(D) 551

Answer: (D) 551

1. The total membership of the Lok Sabha is 551.
2. Hence, the correct option is (D).

Teacher's Note:
a) Of these, two members can be nominated by the President from the Anglo-Indian community.
b) Students often confuse 550 with 551, so remember the exact number.

 

Q.3 Who is the real executive of the Indian union
(A) The Prime Minister
(B) The President
(C) The Union Cabinet
(D) The President & the prime minister together

Answer: (A) The Prime Minister

1. The President is the head of the State, but in actual practice he acts on the advice of the Council of Ministers.
2. The Prime Minister is the head of the Government and leads the Council of Ministers, so he is the real executive.
3. Hence, the correct option is (A).

Teacher's Note:
a) The President is the nominal head, while the Prime Minister holds the real power.
b) The Union Cabinet is a part of the Council of Ministers, not the real executive by itself.

 

Q.4 How many member are nominated by the president in Rajya Sabha ?
(A) 12
(B) 14
(C) 16
(D) 18

Answer: (A) 12

1. The Rajya Sabha has 250 members, of whom 238 are elected.
2. The remaining 12 members are nominated by the President.
3. Hence, the correct option is (A).

Teacher's Note:
a) The nominated members are eminent people in literature, science, art or social service.
b) The President nominates 2 members to the Lok Sabha, not to the Rajya Sabha.

 

Q.5 What is the maximum period allowed to lapse between the two sessions of Parliament ?
(A) 4 Months
(B) 6 Months
(C) 8 Months
(D) 10 Months

Answer: (B) 6 Months

1. The Constitution requires that the Parliament must meet at least twice a year.
2. So, the gap between two sessions cannot be more than six months.
3. Hence, the correct option is (B).

Teacher's Note:
a) Six months is the maximum gap, not a fixed time.
b) The President summons each session of Parliament.

 

Q.6 Who can dissolved the House of people ?
(A) Prime minister
(B) Speaker
(C) President
(D) None of these

Answer: (C) President

1. The Lok Sabha, which is the House of the people, is dissolved by the President.
2. The President does this on the advice of the Prime Minister.
3. Hence, the correct option is (C).

Teacher's Note:
a) The Prime Minister advises the dissolution, but the formal power belongs to the President.
b) The Speaker has no power to dissolve the House.

 

Q.7 What is duration of term of the members of the Rajya Sabha ?
(A) 4 yrs
(B) 5 yrs
(C) 6 yrs
(D) 7 yrs

Answer: (C) 6 yrs

1. The members of the Rajya Sabha are elected or nominated for a term of six years.
2. Hence, the correct option is (C).

Teacher's Note:
a) The Lok Sabha has a term of five years, which is a common confusion.
b) Rajya Sabha is a permanent House, and one-third of its members retire every two years.

 

Q.8 Money bill can be introduced in the .....
(A) Lok Sabha
(B) Rajya Sabha
(C) State Assembly
(D) All of these

Answer: (A) Lok Sabha

1. A money bill can be introduced only in the Lok Sabha.
2. Hence, the correct option is (A).

Teacher's Note:
a) The Rajya Sabha cannot introduce a money bill, though it can make recommendations.
b) A State Assembly does not introduce money bills of the Union Parliament.

 

Q.9 Who decide whether a bill is a money bill or not
(A) Prime Minister
(B) President
(C) Home Minister
(D) Speaker

Answer: (D) Speaker

1. The Speaker of the Lok Sabha decides whether a bill is a money bill or not.
2. Hence, the correct option is (D).

Teacher's Note:
a) This decision of the Speaker is final.
b) The Speaker's role is to conduct the business of the Lok Sabha in a proper manner.

 

Q.10 Who appoints the Prime Minister of India ?
(A) Speaker
(B) President
(C) Vice president
(D) Supreme Court Judge

Answer: (B) President

1. The Prime Minister is appointed by the President, after the leader of the majority group in the Parliament is chosen.
2. Hence, the correct option is (B).

Teacher's Note:
a) The President appoints the Prime Minister, but the real choice is made by the majority in the Parliament.
b) The Supreme Court Judge and the Vice-President have no role in appointing the Prime Minister.

 
 

Class 9 Social Science Working of Institutions Exam Notes

CBSE Class 9 Social Science Study Material: Democratic Politics I Chapter 04 Working of Institutions

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