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Karnataka1st PUC Political Science Model Question Paper 2 with Answers
Time: 3.15 Hours Max.
I. Answer the following questions in one sentence each: (10 × 1 = 10)
Who is regarded as the father of political science?
What is the root word of the term Law?
Law is derived from the Teutonic word called Lag, which means fixed or uniform.
Which is the lengthiest constitution in the world?
Who is the guardian of the Constitution?
What is the term of the president of USA?
When did the Balwant Rai Mehta committee come into force?
What is the age of retirement of the Judges of the Supreme Court?
Who is the administrative officer of Zilla Panchayat?
Chief Executive Officer.
Who appoints the Prime Minster India?
Public Interest Litigation.
II. Answer any Ten of the following question in 2 to 3 sentences each: (10 × 2 = 20)
Write two sentences on Greek city states.
Greek city states emerged due to the topography of Greece and lack of communication. Athens, Sparta and Stagira were the main Greek city states.
What is meant by power?
Power is an important concept in the study of political science. Power is the capacity to influence the behavior of others and also the capacity to get things done from others.
Which are the two aspects of sovereignty?
Internal and external sovereignty.
What is National law?
National law is also known as municipal law. It is formulated by state legislature and is applicable to all the people and associations living within the territorial limits or jurisdiction of the state.
What is Constitution?
Constitution is the fundamental law of the land. It determines the powers and functions of various organs, institutions, and citizens in the country. All other laws are subordinate to it.
Give one definition of democracy.
According John Sheely “Democracy is a government in which the governing body is a comparatively large fraction of the entire nation”.
What is meant by a unitary system of government?
It is a system of government in which the powers and functions are concentrated in one single strong central government. E.g.; England, France, and Japan.
Write any two fundamental duties of Indian Citizens.
- To abide by the constitution and respect its ideals and institutions, the national flag and national anthem.
- To uphold and protect the sovereignty, unity, and integrity of India.
What is the meaning of Independent Judiciary?
It refers to the judiciary being free from the control of the legislature and the executive. The judiciary also enjoys the power judicial review.
Write the qualifications required to be appointed as the judges of the Supreme Court.
- He must be a citizen of India, or
- He must have been a judge of one or more high court for 5 successive years or
- He must have been an advocate of one or more high courts for ten successive years, or
- In the opinion of the president, he must be a distinguished jurist.
Which are the local bodies in Karnataka?
Zilla Panchayat, Taluk Panchayat and Gram Panchayat.
What are the sources of income of city corporation?
- Income generated through tax on property, water, business, profession, and advertisement.
- Income generated through rent on corporation property such as market building, vegetable markets, mutton stalls, etc,
- Money collected from the public with prior permission of the state government
- Income earned through fees and penalties
- Grants by the state government.
III. Answer any Eight of the following questions in 15 to 20 sentences each: (8 × 5 = 40)
Write in brief importance of the study of Political Science.
The study of political science is very useful to the individuals and the society. As it said by Bernard Shaw that “political science by which alone civilization can be saved”. Political science exerts its influence on the life and destiny of human beings. Why political science has become so important in the life of man? It can be judged on the following grounds:
1. Essential for a cultured existence:
The study of Political Science introduces an individual to the requirements of a civilized and cultured society.
2. To understand evolution of state and government:
Political Science is a study of state and government in all its aspects, in order to understand the roots of state and government such as how and why the state and government came into existence and why it continues to be in existence and what are the essential factors that makes a state, the types and forms of government, the aims and objectives of the government, etc., the knowledge of political science is essential.
3. To provide knowledge of rights and duties:
Every citizen, especially in a democracy desires to have knowledge of rights and duties. It is in political science that one learns all ‘t the aspects of these rights and duties.
4. To make Democracy effective:
Democracy today is the most popular system of government. Many factors contribute to success and effectiveness of democracy. Political science enables one to understand all the principles, merits and defects of democracy.
5. Provides political education:
The study of political science provides political education to a citizen so that he may understand national problems in a new perspective.
6. Provides knowledge of ideologies:
The study of political science provides a vast knowledge of various prevailing ideologies like democracy, socialism, communism, nazism, fascism, etc.
7. Knowledge useful to political leaders and bureaucrats:
Knowledge of political science is very useful to the political leaders to carry on the working of the government effectively. Knowledge of the constitution is necessary to everyone to contribute better to the functioning of the government.
8. To understand political power:
Political Science helps citizens to understand the concept of political power; how governments function; what are the interest and forces behind the policies; who are his elected representatives and what they stand for.
9. To promote human warfare:
Political Science in the contemporary period lies the fact that it creates conditions for economic progress since it is motivated by an interest in human welfare.
10. To understand international relations and contribute to peace:
International relations is one of the specialized branches of political science dealing with the relationship among sovereign states. It includes many concepts like balance power, collective security, alliances, treaties, international law, international organizations, etc.
Explain the features of rigid constitution.
The features of rigid constitution are explained as below.
- In the rigid constitution, there is a difference between constitutional law and ordinary law.
- Here constitutional law is superior to ordinary law.
- To ammend the constitutional law, there is a need to follow the special amendment procedure.
- In this system, the powers of government should be with the framework of constitution.
- The powers and functions of government are clearly mentioned in this system.
- Judiciary has a special power to safeguard and protect the constitution.
Explain the features of dictatorship.
Dictatorship is a form of government where all the powers of the state are concentrated in one man or in one party or in one group. Dictatorship is classified as traditional and modem, old and new, leftisit fascist, communist, and military. The old type of dictorship existed in ancient Greece and Rome; they are temporary and ap-pointed during crisis. Modem dictatorship is of new type and permanent.
Modem dictatorship has taken three forms:
- Fascist or Nazi dictatorship as it existed in Italy, Germany, Spain and Portugal.
- Party Dictatorship as was found in U.S.S.R. and found at present in china
- Military Dictatorships as found in Pakistan and some African and Latin American countries.
What are the different kinds of Liberty? Explain briefly.
1. National Liberty:
It is associated with french thinker J.J. Rousseau. Access to this type men in the state of nature were completely free and there were no restrictions. This doesn’t exist in modem social life.
2. Civil liberty:
It is enjoyed by all the individuals in the society. It consists of certain rights ‘ and privileges created and protected by the state.
3. Political Liberty:
This liberty is available only to the citizen either directly or indirectly participate in the political activities of the state. In short, a person makes or destroys the government.
4. Economic Liberty:
Without economic liberty, other liberty, other liberty are meaningless and useless. It means liberty of security and opportunities to find reasonable significance in the livelihood.
5. National Liberty:
This liberty implies the political independence of the state. All other liberties can’t be enjoyed unless the country is indepent.
Explain the features of presidential system of government.
In Presidential government, the Executive is not responsible to the legislature. It is based on the principle of ‘ Separation of powers’. It is known as non-responsible system or fixed executive system.
Features of presidential government.
1. Separation of powers:
The Presidential government is based on Montesquieu concept of “separation of powers”. The concept of separation powers contend that the legislature, executive and judiciary must be independent of each other and function independently. Legislature performs the task of law making, executive law implementation and judiciary interpretation of laws’.
2. Checks and Balances:
Presidential government is based on checks and balances. Though the legislature, executive and judiciary function independently, complete separation is not only desirable but also impractical. To maintain the exercise of power balanced, controlled and wide spread each organ is given a fair degree of power in one another’s functional area.
3. Executive is not responsible to legislature:
The president in U.S.A is directly elected by the people and hence is not responsible to legislature. The president can’t participate in the proceedings of the congress. He can neitherinitiate a bill nor pilots it. The President is not accountable to anyone but the constitution and the people.
4. Real Executive:
In presidential government, the president is directly elected by the people. The president is not only the real executive but also the head of government. He is directly responsible for all happenings in the country.
5. Secretaries directly responsible to president:
The secretaries known as presidents’ ‘Brain Trust’ are appointed by the president and stay in office as long as they enjoy the confidence of the president. The President may remove any secretary without assigning any reason. Secretaries are neither responsible to congress nor to the people but to the president. The President can hire or fire secretaries.
6. Fixed Tenure:
The President does not depend on Congress for his survival. He is directly elected for a period of 4 years and lasts his full term. He cannot be removed from office except on grounds of inefficiency and proven misbehavior through an impeachment motion.
What are the differences between Unitary and Federal Government?
- The authority of central government is supreme and all the organs of government are integral parts of one single administrative machinery.
- Units are the creation of central government. The powers given to them can be increased
or decreased or canceled. ,
- Single citizenship right prevails.
- The powers of nation be divided between central and state governments. These are two administrative machinaries.
- The powers are divided and distributed to the state and central government by constitution.
- Dual citizenship right enjoyed by citizen.
Write a short note on the constituent Assembly.
1. The first of Constituent Assembly was held on 9th December, 1946. Dr. Rajendra Prasad was made as the President of the Constituent Assembly. The historic objectives resolution was moved in the Government Assembly by Nehru on 13 December 1946. The beautifully worded draft of the objectives resolution cast the horoscope of the sovereign Democratic Republic.
2. The Constituent Assembly appointed a number of committees to deal with the framing of the constitution. The committees worked hard and produced valuable reports. These reports were considered by the Constituent Assembly and later considered by the drafting committee.
3. On 29th August 1947, the Constituent Assembly appointed a Drafting Committee under the chairmanship of Dr. B.R. Ambedkar to scrutinize the draft of the constitution, prepared by constitutional advisor B. N. Rau.
4. The constitution of India was drafted by the Drafting Committee and was submitted to the president of the Constituent Assembly on 21th February, 1948. A large number of comments, criticism, and suggestions for the amendment of the draft were received. The Drafting „ Committee decided to issue a report of the draft constitution and was submitted to the President of the Assembly on 26″’ October, 1948.
5. The second reading of the constitution was completed on 16th Nov, 1949 and on the next day the Constituent Assembly took up the third reading of the constitution. It was adopted on 26th Nov, 1949. The Constituent Assembly accomplished the tremendous task of framing the constitution in 2 years 11 months and 18 days.
6. The constitution was finally signed by members of the Constituent Assembly. The same constitution came into force on 26th Jan 1950.
7. Besides framing the constitution, the Constituent Assembly performed several other important functions like passing certain statues, adopting the national flag, declaring the national anthem, ratifying the decision in regard to the membership of the common wealth and election of the first president of the Republic. The draft of the constitution contained 18 parts 8 schedules and 445 articles is considered as tlie most bulky and lengthiest in the world.
Explain the meaning and importance of Legislature.
1. Legislature is the most important institution in a democratic system of government. It is the law making organ of the government. It brings the will of the people into laws.
2. The importance of the legislature is increasing because the executive and judiciary have to work on the basis of the laws made by the legislature.
3. The legislature is primary and most powerful organ of the government. It controls the executive especially in the parliamentary form of government.
4. It sanctions the budget and controls the national finances. In a parliamentary system, the real executive is chosen from and is also controlled by it.
What are the powers and functions of the Speaker?
The presiding officer of Loksabha is the Speaker who is elected from among the members along with the Deputy Speaker and stays in office till the life of the House i.e., 5 years. His primary task is to protect the dignity and decorum of the House and to see that the proceed-ings of the House are conducted in an orderly and a focused manner. He is the principal spokesperson of the House and must be impartial and even-handed in dealing as the custo-dian of the House.
In order to ensure impartiality, speaker resigns his party membership on election. The Deputy speaker discharges the duty when the office of the speaker falls vacant due to resignation, death or removal by a2/3 majority of the total membership of the House or in the absence of the speaker. Salary of the speaker is determined by parliament from time to time.
The Speakers’ position in the House is one of dignity and authority:
- All orders of the house are executed through the Speaker
- Communication from the President is made known through the Speaker.
- It is the power of the speaker to declare whether a bill is Money bill or not.
- He enjoys the authority of interpreting the Rules of procedure and has the power to vote except in case of a tie.
- No member can speak in the House without the permission of the speaker and it is the speaker who fixes the timelimit for speech.
- He presides over the Joint sittings of the parliament.
- During discussions, the members must address the Chair.
- In case of a tie, speaker has the right to cast a vote.
- Speaker’s decisions cannot be questioned in court of law.
Write a short note on the Prime Minister of India.
1. The power and position of Prime minister is so powerful that he is referred to as The first among equals (primus intersperes). Lord Morley regards Prime minister as “the keystone of the cabinet arch.” Former British Prime Minister Harold Wilson considered Prime Minister as “a person who conducts an orchestra without using any instrument”. The greatest ever British Prime minister R.A.Butler once said, “A Prime minister must be a good butcher, and know all the joints….”
2. Article 74 of the constitution states that “there shall be a Council of ministers headed by the Prime Minister for the Union of India”. The Prime minister is elected from among the members of the majority party in Lok sabha. In case no party enjoys majority it is left to the discretion of the President to pick the Prime minister, who in his opinion will prove majority in a stipulated time.
3. Traditionally, the Prime minister should be from Loksabha. Some scholars compare the Prime minister to the Sun because complete administration revolves around him. B. R. Ambedkar compares the powers of Prime minister to that of the President of U.S.A.
4. The success or failure of a Prime minister largely depends upon the personality besides administrative knowledge and experience. For example, Nehru was known for his magnetic personality, Shastri for his soft spoken, but firm nature, Mrs. Gandhi for ‘never forget or forgive enemies’ attitude and Rajiv Gandhi was progressive but parasitic. P. V. Narasimha Rao always regarded not making any decision as the best decision, where as Vajpayee was emotional.
Explain the powers and functions of High Court in India.
The High Court consists of a Chief Justice and other judges appointed from time to time by the President. The President may appoint additional judges for a temporary period of two years if the work is heavy in the High court. He may also appoint a acting judge when a permanent judge is temporarily absent.
The following are the powers of the High court:
1. Protection of Fundamental Rights:
The constitution has granted 6 fundamental rights to its citizens and it is also the responsibility of High courts to protect and defend them against legislative, executive or any other kind of encroachment. The High court may issue the writs. Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto, to protect the people against violation of fundamental rights (Article 226). The writ jurisdiction of the high court also extends to the violation of legal rights as well.
2. Original Jurisdiction:
The High courts of the Presidencies of Calcutta, Madras, and Bombay had original jurisdiction both on civil and criminal matters within the limits of the presidencies. However, the original criminal jurisdiction has now been completely taken over by the Criminal Procedure Code (CPC) of 1973. But, the original civil jurisdiction has been retained in matters of higher value.
3. Appellate Jurisdiction:
The appellate jurisdiction of the High courts can be studied under two heads:
a. Civil cases:
The civil cases may go to the High court on either first appeal or second appeal. The appeal from the decisions of District judges and subordinate judges may go directly to the high court in cases of higher value on questions of fact as well as law. And also, when a court below the High court decides a case from the decision of an inferior court, the case can come to the high court on second appeal only on question of law and procedure.
b. Criminal cases:
The High Court can take up criminal cases on appeal in two cases.
- A person can appeal against the decision of a Sessions Judge or an Additional
Sessions Judge in a case where the punishment is an imprisonment exceeding seven years. ‘
- Against the decisions of an Assistant Sessions Judge or other Judicial Magistrates in certain special cases other than petty cases.
4. Power of Superintendence:
The High court has the power to supervise all courts and tribunals under its territorial limits and to see that the courts discharge duty according to laws of the constitution. The high court may also issue general rules regarding the administration of laws. Supervisory power also gives the authority to intervene in case of any grave injustice or abuse of jurisdiction.
5. Transfer of Cases:
The High Court if satisfied that a case pending in a subordinate court involves a substantial question of law related to the interpretation of the constitution, might transfer the case to itself and decide the case as well.
6. Court of Records:
Like the Supreme Court, the high court is also the court of record whose judgments and decisions cannot be questioned by any court of law below the rank of the high court. It has the power to correct and punish itself.
7. Contempt of Court:
An individual or the government if violates the orders of the High court, it may impose fine or imprisonment for showing disrespect to its orders.
8. Control over Subordinate Courts:
The High court exercises control over the subordinate judiciary in the state.
a. The District Judges are appointed posted and promoted by the Governor in consultation with the concerned High court.
b. The members of the judicial service of the state are appointed by the Governor in consultation with the High court and the members of the Public Service Commission.
c. It is the authority of the High court to decide on posting, promotion, and grant of these judicial officers holding any post below that of a District judge.
9. Control over the Establishment:
The Chief Justice of a High Court is given the power of appointing officers and servants of the court for efficient discharge of judicial duties (Article 229). He may suspend or dismiss any official who does not follow the rules of the court.
Discuss the Importance of Local Self Government.
Distribution of constitutional powers from union level to village level is called democratic decentralization
The importance of local governments is so paramount that it is called the “Primary school of democracy”.
1. ‘Welfare state:
Modem states are welfare states. If the overall development of the state is to take place; the development of local governments is very vital. Because national progress can’t be divorced from rural progress.
2. Cradle of Democracy:
A citizen, not aware of the working of democracy is a burden on the nation. In local governments people are introduced to functioning of democracy step by step and over a period of time they leam the nuances of democracy. Democracy can survive only when majority of the masses living in rural areas participate. That’s why; local governments are called “cradles of democracy”.
3. Power to the People:
The other name of local government is power of the people; the local governments take power to the door steps of the people and empower them not only identify problems but also to solve them.
4. Knowledge of Administration:
Local governments aim at imparting knowledge of administration to locals, though the local people are aware of the government, they are not aware of the working of administration. But when interacted with officials, due to proximity, they get working knowledge of administration.
5. Local Solutions:
The basic principle of local government is, local problems must be solved at the local level. The centre or state government can’t understand local problems due to paucity of time, interest and information. But locals can, based on experience, identify suitable solutions to problems.
IV. Answer any Two of the following questions in 30 to 40 sentences each: (2 × 10 = 20)
Define state and explain its essential Elements.
Aristotle defines the state as “An Union of families and villages having for its end a perfect and self sufficient life, by which we mean a happy and honorable life”.
- According to Bluntschli,” The state is Politically Organized people.
- According to Wilson, “The state is a people organized for law within a definite territory”.
- According to Laski,” The state is a territorial society divided into government and subject, etc, claiming within its allotted physical area, a supremacy over all other institutions.
The above definitions show that there are four essential elements of state.
People are the most important essential of the state. If there are no people there will be nobody to rule and nobody to be ruled. A vacant island or desert can’t constitute a state. Hence, population is essential for state and without population there can be no state.
For Aristotle, number should be neither too large nor too small. It should be large enough to be self-sufficient and small enough to be well governed. The actual population is less than the optimum; the natural resources can’t be fully utilized. If it is more, poverty’ will be the result.
Territory is a definite area of earth surface where people reside permanently. We can’t think of a state without territory. The area within these boundaries constitutes the “Territorial Jurisdiction “of a state. There is no fixed limit to the size of territory, it may be generally laid down that there should be proper balance between population and territory.
For the peaceful existence gout is very much essential for a state. Government is the machinery, which regulates controls and directs human behavior in society. It is an agency ofthe state through which the will of the state is formulated, expressed and executed.
The entire population of a political community makes a state. The gout is composed of few persons duly elected or selected. There are branches of government. They are legislature, executive and judiciary. The form of government differs from state to state.
It means supreme power of the state. The term sovereignty derived from Latin word supreranus, which means supreme. There are two aspects of sovereignty I, e Internal and external sovereignty. Internal means supreme legal authority and group within its territory. External means freedom of state from any kind of outside control. It means Pot – Independence of state. Sovereignty is the most important element of the State.
Explain the characteristics of Sovereignty.
1. Jean Bodin – who was the first to explained the concept of sovereignty said “Sovereignty is the supreme power over citizens and subjects unrestrained by law.”
2. According to Hugo Grotuis: “Sovereignty is the supreme power vested in him whose acts are not subjected to any other whose will can’t be can over ridden.”
Characteristics of Sovereignty:
Sovereignty is permanent. Every state is sovereign it is accordingly permanent. The death of the rules or the change in government doesn’t mean any change in sovereign power. It comes to an end when the state is destroyed or is conquered and ruled by some external power.
Sovereignty embraces each and every person and every association within the territory of the state. No individual or association in the state can disobey the sovereign authority of the state.
c. Sovereignty can’t be transferred:
The state has no right to give away its sovereignty. When a state loses or has to give up a part of the territory and population to another state, that part comes under the control of that state.
Sovereignty can’t be divided. Division of sovereignty leads to destruction of sovereignty.
Sovereignty is absolute. There can be no legal power within the state superior to it. All individuals, associations come under the absolute power of the state. The state is completely independent.
Explain are the salient features of the Indian Constitution?
Salient Features of the Indian Constitution are:
The constitution of India came into force on 26th January 1950. The preamble enumerates the source, the nature and high aims and ideals of the constitution. The^preamble cannot be enforced in a court of law it is a grand declaration.
The following are the salient features of the constitution of India:
1. Detailed and Written Constitution:
The constitution of India is a comprehensive document. It is detailed and lengthy constitution in the world. It consists of445 Articles, 22 parts, 12 schedules, and 100 Amendments. The bulk of the constitution is due to many reasons. Such as :
- It contains the broad principles and details of administration.
- The constitution provides for the administrative machinery at the centre and also in the States.
- Incorporation of Fundamental rights and directive principles of state policy.
- Special provision for safe guarding the interest of the scheduled castes and scheduled tribes,
- TJPSC and SPSC and Election Commission, Independent Judiciary,
- Official languages and regional languages etc. have been dealt with in the constitution.
2. Sovereign, Democratic, Republic:
The constitution of India is Sovereign, Socialist, Secular, Democratic and Republic.
- India is sovereign state and it is subject to no other authority either in her internal affairs or external relations. Its power is absolute internally and externally within its sphere. ,
- 42 Amendment Act of 1976 declares India to be a socialist state.
- Preamble to the constitution declares that India is a sovereign democratic Republic. The President of India is elected and his term of office is five years.
3. Single Citizenship:
The constitution of India has established single and uniform citizenship for the whole of the country. Single citizenship implies that all Indian citizens owe allegiance to the Indian Union. Any citizen, irrespective of his birth or residence, is entitled to enjoy civil and political rights throughout India In all states and Union Territories.
4. Fundamental Rights:
Part III of the Indian constitution embodies six fundamental Rights, which are guaranteed to the people of India. These rights are sacred and sacrosanct and cannot be violated. The constitution makes the Supreme Court and the High Courts, the guardian of rights and liberties of the people. However, they are not absolute. The constitution imposes necessary limitations and the rights can be suspended under conditions of grave emergency.
- Right to Equality.
- Right to Freedom.
- Right against Exploitation.
- Right to Religion.
- Cultural and Educational Rights.
- Right to Constitutional Remedies.
5. Fundamental Duties:
The 42nd Amendment Act of 1976 has incorporated ten duties for every Indian citizen.
- To abide by the constitution and respect its ideals, institutions, the flag and the National Anthem.
- To cherish and follow the noble ideals which inspire our national struggle for freedom.
- To uphold and protect the sovereignty, unity and integrity of India.
- To defend the country and render national services when called upon to do so.
- To promote harmony and sprit of common brotherhood among all the people of India.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.
- To develop the scientific temper, humanism and the script of inquiry and reform.
- To safeguard public-property and to adjure violence.
- To strive towards excellence in all spheres of individual and collection activity.
6. Secular and Socialist State:
At the time of drafting the constitution the framers did not have the vision to mention these words in the preamble of the constitution. But these words were added in the preamble by 42nd Amendment Act of 1976. Accordingly, India is a secular and non-religious character In fact it does not identify itself with any religion. India is neither religious, nor irreligious, nor anti-religious but it is detached from religious dogmas and activities. The aim of the constitution is too make India a socialist state on the basis of welfare programs.
7. Backward Classes and Minorities:
The constitution protects the interest of the backward class and the Minorities.
8. Official language:
Hindi is laid as the official language of India. A common official language symbolized the unity of the country.
9. Directive principles of State Policy:
It is another important feature of the Indian constitution. It contains various aims and aspirations to the fulfilled by the state. They are instruments of instructions to the government to follow specific polices.
10. Parliamentary System of Government:
The Indian constitution proposed a parliamentary system of government for India.
11. Federation with strong centre:
the constitution has laid down a federal form of government; with a Union of the states. The Union is more powerful than the states.
12. Independent Judiciary:
The judiciary under the constitution is made independent of the legislature and the executive. It protects the fundamental rights and safeguards the provisions of the constitution. In fact, it is the guardian of the constitution and protector of Fundamental Rights.
13. Judicial review:
The Supreme Court of India has the power of judicial review. It can declare laws enacted by the parliament and state legislatures and orders passed by the executive as invalid if found contrary of the provisions of the constitution.
14. Election Commission:
The constitution provides for the establishment of Election Commission for the whole country. It conducts free and fair elections of the president, vice-president, members of parliament and state legislatures from time to time. It consists of one chief Election commissioner and two other Election commissioners who are appointed by the president of India for the period of 6 years.
15. Rigidity and flexibility:
There is aunique procedure of constitutional amendment. Article 368 of the constitution deals with the amendment procedure:
a. By simple majority:
The creation of new states, creation or abolition of legislative council, etc. These can be amended by a simple majority in both the houses of the union parliament.
b. By half- simple and half-rigid method:
The provisions such as citizenship, Fundamental Rights, Directive principles, etc., shall be amended by 2/3 majority of members present and voting in both houses of the parliament.
c. By Rigid Method:
The method of amending the constitution involves rigid procedure. Matters relating to the election and power’s of the president and powers of the Union and State government, Union judiciary, establishment of High Court, division of legislative powers, representation of states in Union Parliament, etc., can be amended by 2/3 majority members of both houses of the Union parliament and has to be ratified by not less than half of the state legislature.
16. Adult Franchise:
Every person who is a citizen of India and who is are above 18 years of age irrespective gender is entitled to be registered as a voter.
17. Emergency provisions:
the constitution of India envisages three types of emergencies which the president may proclaim in different critical situations. Such as:
a. National Emergency:
Article 352 provides national emergency. If the president is satisfied that the security of India or any part thereof is threatened by war or external aggression or internal disturbance, he may issue a proclamation of emergency. But it must be laid before each house of parliament for approval.
b. Failure of constitutional machinery in the state:
The president on the receipt of report from the Governor of a state if satisfied, that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution, he Can proclaim state emergency. It is to be approved ‘ by each House of parliament within two months. But normally it remains for six months and can be continued for three years.
c. Financial Emergency:
The president of India is satisfied that the financial stability of India are any part thereof is threatened he may proclaim financial emergency. It expires at the end of two months unless it is approved by the parliament.
18. Local self-Governments:
A constitutional statue was given to local self governments in accordance with the 73rd and 74th constitutional amendments which were made in the year 1992 and came into force in 1993.
Explain the powers and functions of the Governor of a state.
Powers and functions of the Governor:
In the Parliamentary executive systems of India, the position of Governor is that of a respectful figure-head, representing the honour and dignity of the people of the states. It has become a fashion to label the Governor as a rubber stamp the impression is that he does nothing but signing the bills brought before him. But there are occasions that offer scope for independent decisions.
When no party enjoys a majority, the power to appoint Chief Minister rests with the governor. In case of sudden demise of the Chief Minister, if the party fails to elect its leader, at the earliest the Governor may appoint a person of his choice as the Chief Minister. Importantly if a government loses majority, and recommends for the dissolution of the house (Vidhana sabha), it is purely left to the governor whether to dissolve or not.
1. The legislative functions are detailed below:
1. To Summon the session, to Prorogue the session or dissolve the legislature.
2. The Governor enjoys the power to address the legislature. It is normally done after general elections or the first session of the year. That is called “Governor’s speech”. This inaugural speech outlines the objectives and priorities of the government. Traditionally this speech is prepared by the cabinet but read by the Governor.
3. In passing the bills, if a dead lock arises due to non-agreement between two houses of the legislature, the Governor may call for joint session of both the houses.
4. The Governor may address either House of the state legislature or both any time and also may send a message to both the houses to settle an unsettled bill. But, however no Governor so far has neither addressed the house nor sent messages.
5. In the considered view of the Governor if he is satisfied that the Anglo-Indian community is not adequately represented, he may nominate member to Vidhana sabha.
6. Governor must seek prior permission of the President while dealing with bills relating to formation of new states, alteration of state boundaries and some special bills like the finance bills.
7. No bills can become a law without the assent of the Governor. He enjoys the power of withhold a bill. This power is called‘Veto power’. However he can’t refuse his assent for finance bills. But he can withhold assent for non-money bills. But if the same is resubmitted for signature, even without changes, he cannot refuse.
8. The Governor enjoys the power of issuing Ordinance when the legislature is not in session. It will have the same power and effect similar to that of a law made by the state legislature provided the same is ratified by the legislature within 6 weeks of its passage, otherwise it ceases to be a law and is considered null and void.
2. Executive Functions:
The Governor is the administrative head of the state and orders are executed in his name. Article 154 clearly states that “the executive powers of the state must be vested in the hands of the Governor”.
1. All accords and agreements carried out on behalf of the government of state are done in the name of the Governor.
2. The Governor has the power to call for any information from the government.
3. The Governor appoints the Chief Minister and the council of ministers on the recommendation of the Chief Minister.
4. The member of the State Public Service Commission (SPSC), Backward Classes Commission (BCC) is appointed by the Governor.
3. Financial powers:
The following are the financial functions of the Governor.
1. It is the constitutional obligation of the Governor to see that the annual income expenditure statement – the budget is placed before state legislature for approval.
2. Financial bills cannot be presented in state legislature without the consent of the Governor.
3. The recommendations of the state finance commissions and the planning commission are placed before the legislature on orders of the Governor.
4. The members of the Finance Commission and Planning Commission are appointed by the Governor.
4. Judicial Powers:
1. The judicial powers of the Governor extend till the will of the state legislature extends.
2. The Governor enjoys the power of pardoning the sentence of a person declared an offender by the High Court. He is so powerful that he can reduce change or altogether. cancel the punishment. This power is called Governor’s pardon. This is provided. ensure against any miscarriage of justice. However, the Governor has no power to pardon a person if the case is pending with the Supreme court.
3. The judges of the High court are appointed by the President in consultation with the Governor and the Chief justice of the high court.
4. The Governor is entitled to legal advice on matters relating to the constitutional clarity of bills. However, it is not binding on the Governor to accept it.
5. Discretionary Powers:
As first citizen of the state, the Governor has the responsibility of conducting the administrative machinery as per the provisions enshrined in the constitution, Article 163 vests the Governor with discretionary power that cannot be questioned in any court of law. Though the powers are discretionary, the constitution expects it to be used with common sense, restraint and a sense of justice.
The discretionary powers of the Governor are as follows:
1. In appointing the Chief Minister if no party enjoys majority it is left to the discretion of the Governor to call any person to form the government and prove his majority.
2. On the recommendation of the Chief Minister, Governor can sack a minister (Article 164).
3. If the Governor believes that the government has lost majority or if the Chief Minister having lost majority does.not resign or if the government is using unethical means for political gains, under these circumstances he can dissolve the Council of ministers. (‘Article 174).
4. The Governor can return a bill back to legislature for reconsideration.
5. The Governor can reserve certain bills passed by the state legislature for consideration of the President (Article 200).
6. Before issuing an ordinance, the Governor can receive directions from the President.
7. If the Governor is satisfied that a situation has arisen in which the government cannot be run according to provision of the constitution he may request the President to take over the state administration under Article 356. This is called the President’s rule’. The report sent by the Governor to President must be kept confidential from the Council of ministers.
V. Answer any two of the following questions in 5 to 10 sentence each: (2 × 5 = 10)
(prepare these answers by yourself)
Write a note on the congress party in Karnataka.
Write a note on the BJP party in-Karnataka
Write a note on the role of the Governor in the state
Write a note on BJP government state budget 2012