MP Board Class 10th Social Science Solutions Chapter 13 Functioning of Indian Democracy
MP Board Class 10th Social Science Solutions Chapter 13 Functioning of Indian Democracy
MP Board Class 10th Social Science Solutions Chapter 13 Functioning of Indian Democracy
MP Board Class 10th Social Science Chapter 13 Textbook Exercises
Objective Type Questions
Question 1.
Multiple Choice Questions
(Choose the correct Answer from the following)
Question (i)
Number of members of the Legislative Assembly of Madhya Pradesh – (MP Board 2009, 2013)
(a) 320
(b) 270
(c) 250
(d) 230
Answer:
(d) 230
Question (ii)
Who is empowered to nominate members to the Council of States –
(a) The President
(b) Prime Minister
(c) Governor
(d) Supreme Court.
Answer:
(a) The President
Question (iii)
Who from amongst the following is empowered to promulgate ordinance in a State –
(a) Governor
(b) Home Minister
(c) Judiciary
(d) Council of States.
Answer:
(a) Governor
Question (iv)
Governor of a State is an integral part of –
(a) Parliament
(b) Legislative Assembly
(c) Judiciary
(d) Council of States.
Answer:
(a) Parliament
Question 2.
Match the coloumn:
Answer:
1. (c)
2. (a)
3. (b)
4. (e)
5. (d)
MP Board Class 10th Social Science Chapter 13 Very Short Answer Type Questions
Question 1.
What is the age of retirement of a Justice of the Supreme Court? (MP Board 2009)
Answer:
65 years.
Question 2.
What is the number of members of Parliament from Madhya Pradesh?
Answer:
29.
Question 3.
Who elect the Speaker of the House of People?
Answer:
The House of People (Lok Sabha) elects the Speaker and Deputy Speaker from among its members.
MP Board Class 10th Social Science Chapter 13 Short Answer Type Questions
Question 1.
Write qualifications of a members of the House of People?(MP Board 2009)
Answer:
Qualifications of Members of the House of People: He/She –
- Should be citizen of India.
- Should be 25 years or more.
- Should not be on any office of profit in the Central or State Governments.
- Is not declared insane or insolvent by any competant court of Law.
- Has not been declared disqualified to contest election by any law of Parliament.
Question 2.
Describe functions of District Panchayat? (MP Board 2009, 2013)
Answer:
Functions of the District Panchayat:
- To exercise control over the Janpad Panchayats and Village Panchayats, ensure coordination among them and guide them.
- To coordinate the schemes of Janpad Panchayats.
- To forward to the State Government, demands for grant for special purposes.
- To implement such schemes of the district which fall in the area of two or more Janpad Panchayat.
- To advise the State Government in the matters of development related activities, social forestry, family and child welfare and games and sports.
- To do such other work which the State Government directs.
Question 3.
Write functions of the Prime Minister? (MP Board 2009, 2013)
Answer:
In position Prime Minister is the strongest of all the Minister in the Central Council of Ministers. His functions can be summed lip as under.
- He makes and reshuffles the other Ministers.
- He presides over the meetings of the Council of Ministers.
- He coordinates the work of the other ministries. The bills presented in the House are prepared under the direction of the Prime Minister.
- He is the link between the President and the Council of Ministers.
- He is the chief advisor to the President.
- He is the leader of the Lok Sabha and as such, of the nation and accordingly the ultimate government authority.
Question 4.
Write Functions of the Council of States? (MP Board 2011)
Answer:
Functions of the Council of States:
Except financial matters the Council of States normally enjoys all the powers of the House of People.
1. Legislative Powers:
The Council of States enjoys the powers of Legislation which vest in the House of People. Any Bill can be initiated in either of the House but unless both the Houses pass a Bill it cannot become an Act.
2. Financial Powers:
Any Finance Bill is initiated only in the House of People. In respect of financial matters, powers of the Council of States are negligible. Any money bill is sent to the Council of States only for consideration after it is presented in the House of People and it has to be passed by it within 14 days.
3. Control over the Executive:
The members of the Council of States exercise control over the Cabinet of Ministers by asking questions on the matters of public interest.
4. Like the members of the House of People:
The members of the Council of States have the right to participate in the elections of the President and the Vice – President.
Question 5.
Write four functions of the Governor? (MP Board 2010, 2011)
Answer:
1. Functions in respect of the Executive:
The Governor appoints the Chief Minister. He appoints the leader of the party which has won by majority as Chief Minister. He appoints other ministers at the advice of the Chief Minister and allocates works to them. The Governor appoints the Advocate General, Chairman of the Public Service Commission and other senior officers of the State.
2. Legislative Functions:
The Governor is an essential part of the government. He summons meetings of the Legislative Assembly, suspends them and adjourns them. He can dissolve the Assembly on the advice of the Chief Minister. After the elections and in the beginning of a Session of the Legislative Assembly he addresses it. As per need he can send messages to the Legislatures.
Governor’s assent is essential on the bills passed by the Legislative Assembly for reconsideration. If again the Bill is passed by the Legislative Assembly and sends it to the Governor, it is necessary for the Governor to give assent to it.
3. To Promulgate Ordinance:
When the Assembly is not in session the Governor can promulgate ordinance. Approval of the Legislative Assembly is necessary within 6 weeks of the promulgation of the ordinance.
4. Financial Powers:
The governor causes the State budget to be presented every year in the Legislative Assembly. He also causes to be presented the Report of the Comptroller and Auditor General in the House.
MP Board Class 10th Social Science Chapter 13 Long Answer Type Questions
Question 1.
Describe the special features of Federal Form of Government? (MP Board 2009)
Answer:
The following are the special features of Federal Government:
1. Dual Governments:
In the Indian Union there are both the Governments viz. Union Government and the State Governments. There is an Executive in the Union where there is a Council of Ministers and there are President, the Prime Minister and there is a Legislature (Parliament) of peoples’ representatives. Similarly in the states also there is Executive and Legislature wherein there are Governor and Council of Ministers under the Chief Minister, and a Legislative Assembly of Peoples representatives. This arrangement is known as Dual form of Government.
2. Division of Powers:
There is a division of power between the Union and the States under the Constitution. Accordingly the Centre and the States make laws and rim the administration as per the subjects under their Jurisdiction. The powers have been allocated in the Constitution in the manner of union rist, state list and concurrent list.
3. Supremacy and Written form of Constitution:
Under the Federal form of Government written Constitution is a necessity. Constitution is supreme and Basic Law of the Land. The Union and State Governments follow the Constitution under this System of Governments. To ensure supremacy of the Constitution the procedure of its amendments has been made difficult.
4. Supremacy of Judiciary:
Under the Federal form of Government Supremacy of Judiciary is important. The Supreme Court is the protector of the Constitution. Laws framed and decisions taken contrary to the constitution can be declared null and void by the Supreme Court. Necessary provisions have been made in the Constitution to ensure independence of the Judiciary.
5. Two Houses of the Legislature:
As per Federal form of Government Indian Legislature has two houses. First house is called the Parliament and the Second one is called the Council of States. The Council of States (Rajya Sabha) represents the States.
Question 2.
How has division of administrative powers been made between the Central Government and State Government?
Answer:
Inspite of clear division of powers between the Union and the States, it is necessary that there should be proper cooperation between the Union and the States for successful administration. There are certain provisions in the Constitution through which the Union exercises effective control over the States.
1. Directions to the State Governments:
The Central Government gives directions to the State Governments on Subjects of national importance and the States follow these directions. Subjects like national defence, political relations with foreign countries, come under this category.
2. Entrust Some Works out of Union Subjects:
The Union executive can entrust some works to State Governments. The Union can give directives to the States to follows any international treaty or agreement. Such instructions can also be given in respect of subjects like security of railway tracks, etc.
3. All India Services:
In India certain services are All India Service like the Indian Administrative Service (I.A.S.), the Indian. Police Service (I.P.S.) etc. Selection to these services is made by the Union Public Service Commission. The service conditions of these services are decided by the Central Government. Besides serving in their respective States, these officers serve in the Centre from time – to – time. Thus, the Central Government exercise control over the States.
4. Financial Assistance:
The money State Governments receive from taxes is insufficient. Important sources of income are with the Central Government. The Centre gives grants to State Government from time-to-time. Through such grants the Centre exercises control over the States.
5. Powers of Parliament:
The Parliament has powers to divide a State or form one State by integrating two States or some parts of these states and form a new State. Parliament has power to increase or decrease the area of a State or change the boundaries of a State.
Question 3.
Write the procedure of passing a bill in the Parliament?
Answer:
The procedure of passing a Bill:
1. First Reading or Presentation of the Bill:
Any member of Parliament after giving one month’s notice can present a bill with prior permission of the chairman of council of States/Speaker of the House of People. At the time of the first reading only the Caption of the Bill is read. Normally no discussions take place at the time of first reading i.e., mere presentation of the bill is its first reading. After presentation of the bill it is published in the Gazette of India.
2. Second reading:
Before the commencement of second reading copies of the bill are distributed among the members. At this stage every section of the bill is not discussed in details, only the basic features of the bill are discussed. At that stage no amendments are suggested either. If necessary the bill is sent to the combined Select Committee.
3. Committee Stage:
For deliberations the House is divided into small committees. Members of the Committee study minutely every article/para of the bill and deliberate on it. The committee may consult subject specialists if needed. The Committee has also the powers to make amendments in the bill. After due consideration the committee submits its report to the Chairman of the Legislative Council/Speaker of House of People (as the case may be).
4. Report Stage:
Copies of the Report of the Committee along with the amendments suggested are given to the members of the House. The House may accept the report of the Committee as it is. Discussion takes place in the House on the Bill. Detailed discussion take place on every sections of the Bill. In the end voting takes place. If the bill is passed after voting, then this stage is deemed to be over.
5. Third Reading:
After the report stage, the stage of passing of the bill is called the last stage or the third reading. At this stage deliberations take place only on the main features of the bill and not on every section of the Bill. At this stage no changes are made in the draft bill. If the bill is passed by the House it is sent to another House under the signature of the Speaker or Chairman of the House.
6. Sending Bill in the Second House:
When a bill is passed in one House it is sent to another House in die aforesaid manner.
7. Assent of the President:
When the bill is passed, in both the Houses of Parliament, it is sent to the President for assent. After the assent of the President the bill becomes the Law, and it is published in the Government Gazette. On ordinary bills the President may give assent or send it for reconsideration of both the Houses. If both the Houses again pass the bill the President has to give assent.
Question 4.
Write the emergency powers of the President? (MP Board 2009, 2010)
Answer:
Emergency Powers of the President:
1. The President may declare emergency in the Country in cases of external aggression, internal armed uprisings, constitutional failures in States or financial crises. The emergency can be declared by the President only on the advice of the cabinet, ratification of both the houses of Parliament is necessary within two months of such declaration.
Under such circumstances the Parliament acquires the powers of enacting Laws for the whole country or a part there of the Union Government can under such circumstance give directions to the states.
2. From the Report of the Governor or from any other source when the President has reason to believe that the administration of a State is not running as per the provisions of the Constitution then the President, with prior approval of the Central Cabinet, may impose Presidents rule in that State. Approval of both of the Houses of Parliament is necessary on any such declaration within two months of such declaration.
During this period complete or partial administration of that State comes in the hands of the President. He/she may delegate the power of administration to the Governor. During such period the power of framing laws vests in the Parliament. During this period the governor enjoys all the administrative powers of the State save the powers of the High Court.
3. When the President has reason to believe that severe financial emergency has arisen in the country he/she may impose financial emergency in the country.
Question 5.
Describe functions of the Council of Ministers?
Answer:
Functions of the Council of Ministers:
1. Formulation of Policies:
With regard to the problems and matters relating to economic, social foreign and political, the Council of Ministers frame suitable policy for their solution.
2. Matters Relating to Appointments:
All important appointments in the Country and outside, like the Governors, Ambassadors, Chairmen and members of various commissions. Attorney General etc. are made by the Council of Ministers.
3. Matters Relating to Finance:
The Council of Ministers exercises control over the income and expenditure of the country. The Finance minister drafts the budget, presents it before the Council of Ministers and after its approval it is presented in the House. If the budget is not passed by the Parliament the whole Cabinet has to tender resignation. .
4. Advice to the President:
The Council of Ministers advises the President from time – to – time. The President has to accept the advice of the Cabinet.
Question 6.
Describe the powers of the Supreme Court of India?
Answer:
The powers of the Supreme Court are as under:
1. Original Jurisdiction:
Such disputes which do not go in other courts of the country are put up only in the Supreme Court of India. It decides centre – state (s) disputes. It decides disputes between two or more states. The Supreme Court has power to take action for protection of fundamental rights of citizens.
2. Appelate Jurisdiction:
The Supreme Court is the highest and final court of appeal of the country. The Supreme Court has the power to hear Constitutional appeals, Civil appeals, Criminal appeals, Special appeals.
3. Consultative Function:
Under Article 143 of the Constitution in the President seeks advice on any constitutional or legal matter, the Supreme Court may give such advice to the President.
4. Jurisdiction as to Judicial Review:
The Supreme Court has the power to examine the validity of laws and administrative orders passed by Parliament and State Assemblies and see whether they are in accordance with the constitutional provisions or not. Through this power the Supreme Court protects the”constitution.
5. Court of Record:
Supreme Court is also acts as Court of Record, i.e. all its Judgements and records are in writing and published, and they are kept as record. In the subordinate courts these judgments are produced as examples and the subordinate courts follow them.
6. Other Works:
The Supreme Court, besides the above, does following work:
- Inspections and enquiry of subordinate courts.
- To decide service conditions, promotion and termination of services of its own staff as well as subordinate officers and staff.
- Power to punish any person found guilty of contempt of court.
Question 7.
Explain the Panchayat Raj System and describe the functions of local bodies.
Answer:
The Local Government system is not uniform in rural and urban areas. In our country the local government institutions in rural and urban areas are of three types. In rural areas there are Village Panchayats, Block (level) Panchayats and District Panchayats. In town areas, ‘Nagar Panchayat’ municipalities and municipal corporations are there. These units of local administration work under the guidance and control of the elected representatives who are elected by the people. This arrangement of local government is known as Local Self – Government.
Panchayati Raj System for Rural India:
Gram Panchayats have been formed for the villages of the state for maintaining cleanliness, providing health services, lighting, drinking water and other similar facilities. If the size of the villages is small then one Gram Panchayat is formed for two or more villages. The people of rural areas manage the affairs of their villages through the Gram Panchayats.
Such arrangements is popularly known as Panchayati Raj System. The local government in different states of the country has been organised according to the laws framed in this respect by the Legislative Assemblies of the respective states. Therefore, the System of Local Government in all the States is of different type and not uniform.
The system of Panchayat Raj in Madhya Pradesh is as under:
- Gram Sabhas and Gram Pranchayats for villages.
- A Janpad Panchyat for every development block.
- A Zila Panchayat or District Panchayat for every district.
MP Board Class 10th Social Science Chapter 13 Additional Important Questions
Objective Type Questions
Question 1.
Multiple Choice Questions.
(Choose the correct Answer from the following)
Question (i)
Which of the following is not included in the Indian Administrative System –
(a) Central Government
(b) State Government
(c) Local Government
(d) Federal Government
Answer:
(d) Federal Government
Question (ii)
The number of members in Rajya Sabha is –
(a) 300
(b) 275
(c) 250
(d) 350
Answer:
(c) 250
Question (iii)
Council of Ministers consist of the categories of –
(a) One
(b) Two
(c) Three
(d) Four
Answer:
(c) Three
Question (iv)
The organs of Government are –
(a) Legislative
(b) Executive
(c) Judiciary
(d) All of them.
Answer:
(d) All of them.
Question (v)
The local self – government system is divided into –
(a) Two parts
(b) Three parts
(c) Four parts
(d) Five Parts
Answer:
(b) Three parts
Question (vi)
Minimum age limit for the candidate of President post is – (MP Board 2009)
(a) 45 years
(b) 35 years
(c) 40 years
(d) 21 years
Answer:
(b) 35 years
Question (vii)
Mininum age of the Rajya Sabha membership is – (MP Board 2009)
(a) 25 years
(b) 30 years
(c) 35 years
(d) 50 years
Answer:
(b) 35 years
Question 2.
Fill in the blanks:
- The Prime Minister is elected by the ……………..
- There are ………… states and …………. union territories in Indian union.
- Upper House is called ……………..
- Lok Sabha can bring a oaotion of impeachment of the ……………..
- Maximum number of Members of Council of States is ………….
- Maximum number of Member of House of People is …………… (MP Board 2009)
- Number of member of the Lagistative Assembly of Madhya Pradesh is ………… (MP Board 2009)
- The ………….. is a small but effective part of the council of ministers.(MP Board 2009)
Answer:
- President
- 22, 7
- Council of States
- President
- 250
- 545
- 230
Question 3.
True and False type questions
- The age limit for the member of the house of people is 30 years.
- The tenure of the member of the Council of States is 6 years.
- The President of India is the Supreme Commander of army.
- The Chief Justice of India is elected by the Prime Minister.
- Money Bills are introduced in the House of People. (MP Board 2009)
- Supreme Court is the protector of fundamental rights. (MP Board 2009)
- On the advice of Prime Minister, President can dissolve Parliament. (MP Board 2009)
- There are 29 Judges and a Chief Justice in the Supreme Court. (MP Board 2009)
- Maximum numbers of the members of council of Stat is 250.
Answer:
- False
- True
- True
- False
- True
- True
- True
- True
- True.
Question 4.
Match the Column:
Answer:
- (c)
- (d)
- (a)
- (e)
- (b)
Answer in One – Two Words or in One Sentence
Question 1.
Which are the constituents that combine to make a Parliament?
Answer:
The Lok Sabha, the Rajya Sabha, the President.
Question 2.
How many members are there in the Lok Sabha?
Answer:
Lok Sabha has a total strength of 545 members.
Question 3.
Which class of people are nominated in the Rajya Sabha?
Answer:
People belonging to arts, literature, science and social work.
Question 4.
Who decides that a particular bill is a money bill?
Answer:
The speaker of the Lok Sabha decides that a particular bill is a money bill.
Question 5.
In what name the majority leader of the Lok Sabha is called?
Answer:
The majority leader of the Lok Sabha is called the Prime Minister.
Question 6.
Mention the retirement age of High Court Judge. (MP Board 2009)
Answer:
62 years.
Question 7.
What is minimum age for the Parliament Membership? (MP Board 2009)
Answer:
25 years.
Question 8.
Who elects the Speaker of the Lok Sabha? (MP Board 2013)
Answer:
The Speaker of the Lok Sabha is elected by the Lok Sabha members.
Question 9.
Who has the power to dissolve the Lok Sabha?
Answer:
The President has the power to dissolve the Lok Sabha.
Question 10.
Who does preside over the joint session of the Parliament?
Answer:
The Speaker of the Lok Sabha presides over the joint session of the Parliament.
Question 11.
Who does conduct the proceedings of the Rajya Sabha?
Answer:
The Vice – President conducts the proceeding, of the Rajya Sabha and in his absence, the Vice – Chairman of the Rajya Sabha.
Question 12.
Which body makes laws for India?
Answer:
The Parliament of India makes laws for India.
Question 13.
On what conditions the Prime Minister has to tender his resignation?
Answer:
When the Prime Minister loses confidence of the Lok Sabha, he resigns from his office.
Question 14.
What is the minimum age required for the Parliament?
Answer:
The minimum age required for the President is 35 years of age.
Question 15.
Why are Union Territories not given the status of full – fledged states?
Answer:
The Union Territories are not given the status of full – fledged status because they usually have small areas and population.
MP Board Class 10th Social Science Chapter 13 Short Answer Type Questions
Question 1.
How many members are nominated in the Lok Sabha and by whom?
Answer:
The President nominated two members in the Lok Sabha. These members belong to the Anglo – Indian community. The President does so when he is satisfied that the Anglo-Indian community has not been adequately represented in the Lok Sabha.
Question 2.
Describe the composition of the Lok Sabha?
Answer:
The maximum strength of the Lok Sabha is 550. Out of this 530 members are taken from the numerous states whereas 20, from the union territories. The whole country, statewise, is divided into as many constituencies as are the seats. Each constituency elects its own representation. Any candidate obtaining the largest number of votes is declared elected.
Question 3.
How is the Rajya Sabha constituted?
Answer:
The Rajya Sabha is the upper house of the Indian Parliament. It consists of a maximum strength of 250. Out of this, 12 members are nominated by the President who have excelled in art, literature, science and social work. The remaining 238 members are elected by the respective legislative assemblies of the states.
Question 4.
Explain the characteristics of federal form of Government?
Answer:
- Dual Governments.
- Division of Powers.
- Constitution to be supreme and in written form.
- Supremacy of Judiciary.
- Two Houses of Legislators.
Question 5.
What are three non – legislative functions of Parliament?
Answer:
- The Member of Parliament can ask and Answer the questions.
- The Parliament can give approval to emergency proclamations.
- It can consider the no – confidence motions.
Question 6.
What grade of ministers are in the Central Council of Ministers?
Answer:
- Ministers of Cabinet rank.
- Ministers of States.
- Deputy Minsiters.
Question 7.
How is the Chief Minister of the State appointed?
Answer:
The Chief Minsiter of the State is appointed by the Governor. The Governor appoints the leader of the political party that obtains majority in the Legislative Assembly as the Chief Minister of a State.
Question 8.
What do you mean by Contempt of Court?
Answer:
The Contempt of Court meAnswer that the court can publish any one who does not abide by the decision/judgement of the Supreme Court of other Courts. The Court has the authority to fine and imprison for the contempt of itself.
MP Board Class 10th Social Science Chapter 13 Short Answer Type Questions
Question 1.
What are the legislative powers of the President?
Answer:
The legislative powers of the President are:
- The President calls the sessions of both the Houses and prorogues them. He can dissolve the Lok Sabha on the recommendations of the Prime Minister.
- He inaugurates the Parliament by addressing the Lok Sabha.
- No bill can become law without his assent.
- He can issue ordinances during the intervals of the sessions of the Parliament.
Question 2.
Describe the minimum qualifications for the post of the President. What is the term of office?
Answer:
The minimum qualifications for the post of the President are:
- He should be a citizen of India.
- He should be of 35 years at least.
- He should possess qualifications required for the member of the Lok Sabha.
- He should not hold any office of profit. He is elected for a period of five years with the provision of re-election.
Question 3.
Write any four functions of chairman of Parliament. (MP Board 2009, 2012)
Or
What are the main functions of the speaker of the Lok Sabha?
Answer:
Main functions are:
1. He presides over the meetings of the Lok Sabha. If need be, he can call the joint session of both the Houses of Parliamnet. He also presides over their joint sitting.
2. He can adjourn the House if it lacks quorum (1/10 of its total strength).
3.He decides whether a bill is a money bill or an ordinary bill.
4. He maintains order and discipline in the House.
5. He conducts the business of the house in accordance with the rules. No member can speak without his permission. All members, weather of the treasury benches or the opposition have to obey his authority.
Question 4.
Write the main legislative powers of the Government. (MP Board 2009)
Answer:
Legislative Power of the Government:
1. He summons, prorogues and dissolves the Lower House of the State Assembly lpefore its terms finishes, on the advice of the Chief Minister.
2. He issues ordinances during the intervals of the session of the state legislature. Such ordinance would remain in fource 6 weeks after the next session of the legislature commences, unless they are reviewed earlier.
3. He gives assent to the Bills passed by the State Legislative. Without his approval the bill cannot become a law.
4. The budget is presented to the Legislative on his name.
5. He has the power to nominate 1/6 of the members of the Legislative Council from among persons who are renowned one’s in various fields.
Question 5.
What do you understand by the supremacy of Parliament ?
Answer:
The Indian Parliament is the creation of the constitution of India which have specified its power. The Parliament is the highest law making body of the country. It is the legislative organ of the Union Government and comprises the representatives of the people. It cari remove the Council of Minister by withdrawing confidence in it. It has a full control over the national finance. The above account proves its supermacy. However, it is not a soverigh body uncontrolled with unlimited powers.
MP Board Class 10th Social Science Chapter 13 Long Answer Type Questions
Question 1.
Discuss briefly the powers and functions of the Parliament of India?
Answer:
The Parliament of India is the legislative organ of the Union Government.
It has two Houses the Lok Sabha, and the Rajya Sabha. The powers and functions of the Parliament are:
1. Ordinary bills can be introduced is any of the two Houses. Each bill has to pass through various stages before it becomes a law. After the bill is passed by both the Houses, it is presented to the President for his assent.
2. The Parliament is empowered to approve the, budget. It is on the approval of the Parliament that the taxes are collected and expenditure are made.
3. The Parliament’s members ask questions and supplementary questions. The Parliament can pass vote of no confidence, cut in motions, adjournment motion against the executive.
4. The Parliament participates in the amendment of the constitution. It also participates in the elections of the President and the Vice – President.
5. The Parliament approves proclamation of emergency issued by the President and can extend its period six monthly.
6. It participates in the impeachment proceedings to remove the President or the judges of the Supreme High Courts.
Question 2.
Describe the relationship between the President and the Council of Ministers.?
Answer:
India has adopted a parliamentary system. Under this system, the executive is in constant touch with the legislature. Actually it is a part of it there are, in parliamentary system two types of executive nominal and real. In India nominal executive is the President and the real executive is the Council of Ministers. The President is the Head of the State whereas the Chairman of the Council of Ministers, i.e., the Prime Minister, is the Head of the Government. The President does what the Council of Ministers wants him to do.
He has to act on the aid and advice of the Cabinet. At most, he can ask the cabinet (the Council of Ministers) the reconsider the decision. If the cabinet makes the same decision, the President has to accept it. Like the king (Queen) of England, the President governs but does not rule. The ruling authority, in India, is the Council of Ministers headed by the Prime Minister.
Question 3.
Describe the executive powers of the President
Answer:
The executive powers of the President are vast. Some of these are:
1. The President appoints the Prime Minister and on his advice, he appoints other members of Council of Ministers.
2.All government’s decisions are taken in the name of the President.
3. The President appoints Chief Justice and other Judges of the Supreme Court and the High Courts.
4. He appoints the State Governor, the Attorney General, the Comptroller and Auditor General, Chairman and members of the UPSC and ambassadors to other’ countries.
5. He is the Supreme Commander of the armed forces.
Question 4.
Write the Right of Constitutional review of the Supreme Court of India?
Answer:
Supreme Court avails the five varieties of right regarding constitution review that are as follow:
Habeas Corpus:
Habeas Corpus is a writ issued by the Supreme Court/High Court to release the detained person and bring him before the court. The court does so because it is continued that it is wrong to detain the person.
Mandamus:
Through,mandamus, the Supreme Court or the High Court can force a lower court, a person, or an institution to discharge specific duty. If, for example, the election of a particular institution is not held, the Supreme Court can order such election.
Prohibition:
Prohibition is issued by the Supreme Court to the subordinate court for refraining it to do anything. It is a writ which stalls the proceedings of the lower court on the ground that the case in question does not fall under its jurisdiction.
Certiorari:
Is a writ issued by the Supreme Court/High Court when it wants.to hear itself any case which is being heard in some lower court. After this writ has been issued, the hearing in the lower court is suspended, and the case is forwarded to the higher court.
Quo Warranto:
Quo Warranto is a writ which forbid an erring and individual to assume office and can ask him to relinguish office wrongfully held by him. The individual concerned has to comply with the orders.
Question 5.
Discuss the composition, jurisdiction and position of the Supreme Court of India?
Answer:
The Supreme Court of India is the highest court in the country. It is also called the apex court. It consists of 26 judges, including the Chief Justice. The Chief Justice is appointed by the President and the other Judges in consultation with the Chief Justice. A judge of the Supreme Court retires at the age of 64, unless removed earlier by impeachment on grounds of misbehaviour and incapacity. The jurisdiction of the Supreme Court can be stated as under:
1. Its original jurisdiction extends to disputed in which the Union or the States are parties.
2. Its appellate jurisdiction relates to constitutional, civil and criminal appeals; constitutional when interpretation of any article of the constitution is involved civil when a substantial question of law is involved; criminal when death penalty is instituted.
3. It can review its own decisions.
4. It acts as a courts of records.
5. It has jurisdiction of advisory opinion in so far as it gives the President advice on any legal matter. But it is binding on the President to accept the advice. The Supreme Court is the protector of the constitution, the federal scheme and of the fundamental rights of the citizens of India.