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Karnataka 1st PUC Political Science Previous Year Question Paper March 2017 (North)
Time: 3:15 Hours
Max. Marks: 100
I. Answer all the following questions. Each question carries one mark. (10 × 1 = 10)
Who is the father of Political Science?
Aristotle is known as father of Political Science.
What is the root word of state?
The word ‘stare’ is derived from the Greek word ‘polis’
What is liberty?
Liberty is the power of a man to do anything that does not injure others.
Give an example for direct Democracy.
Greek city-states are the examples if Direct Democracy
When did the Indian Constitution come into force?
The constitution as a whole came into force with effect from January 26, 1950.
Who promulgetes ordinance in india?
The president of india promulgates ordivances
What is executive?
An organ which enforces the law is called Executive.
Who is the Ez – officio chairmen of Rajya Sabha?
Vice – President is the Ex-officio chairmen of Rajya Sabha.
How many High Courts are functioning in india?
There are 24 High Courts in India.
Public Interest Litigation.
II. Answer any Ten of the following questions in 2-3 sentences each. (10 × 2 = 20)
What are the subject matters of political science?
The subject matter of political science is state and government.
Write about Greek city states.
Greek city-states are small in size, sarrounded by mountaius, hills, Vallegs there was no communication direct democracy was existing in thase city states
Name the four elements of a state.
- Definite territory
What are the two aspects of Sovereignty?
- Internal sovereignty
- External sovereignty.
Mention any two political rights.
- Right to Vote
- Right to coutert for election
According to K.C. Where “Constitution is collection of legal rules which govern the government of the countries and which have been embedded in a document”.
What do you mean by Dictatorial Government?
A government where only one person or group run the administration is called dictatorial ’Government.
What is republic?
The head of the state directly or indirectly elects through election for a fixed terms is called Republic.
What is Quorum.
To conduct the proceedinge of the house 1/10th of the attendence is essential. It is called quorum
Name the qualifications necessary for Governor?
- Must be a citizen of India.
- Should have attainde the age of 35 years.
- Must not be a member of either house of legislature
What is a consumer court?
A court which deals with the cases relating to the consumers who are cheated by the business class in the market is called consumer court.
Where and when the panchayath Raj system eome into force?
The Panchayat Raj system was first introduced in Nagore of Rajestan on 2nd October 1959
III. Answer any Eight of the following in 15 to 20 sentences each : (8 × 5 = 40)
Explain the scope of Political Science.
Aristotle described political science as a ‘master science’ which made it perhaps the greatest contribution to the making of political science scientific. Hie term “Scope” refers to the subject or the boundaries of a particular branch of knowledge.
There is no perfect agreement among the political thinkers as to the problems, which come under the study of political science. Broadly speaking, there are three groups of writers holding different views on the scope of political science
1. The first group of writers like Garies, Gamer, Goodnow, and Bluntschli restricted the scope of political science only to the study of the state.
2. The second group of writers like Prof. Sheley and Dr. Stephen Leacock said that political science deals with government only.
3. The third group of writers like Gettell, Gilchrist, Paul Janet, and Prof. Laski maintained that the scope of political science extends to both state and government. Prof. Laski maintains that the state, in reality, means the government.
We may agree with the third group of writers that political science is a study of both state and government is the steering wheel of the ship of the state. There can be no state without a government, the state remains the central subject of our study, and the whole mechanism of government revolves around it.
Scope according to the UNESCO; the international Political Science Association at its Paris Conference in 1948 discussed the scope of political science and marked out its subject matter as follows:
1. Political Theory:
Political Theory, History of Political Ideas.
The Constitution, the Government-Regional and Local Government, Public Administration, Economics and Social functions of government, Comparative political institutions.
3. Parties, Groups and Public Opinion:
Political Parties, Group and Associations, Citizen Participation in Government and administration, Public Opinion.
4. International Relations:
International relations, International organization, and Administration, International Law.
Distinguish between State and Society.
|1. State is supreme institution.||1. Society is not supreme Institution.|
|2. State originated after the society.||2. Society originated prior state.|
|3. Scope of state is limited.||3. Scope of society is wider.|
|4. Definite Territory is essential for the state.||4. Definite territory is not essential for society.|
|5. State consists of organized people||5. Society consists of both organized and unorganized people.|
|6. State has sovereignty.||6. Society has no sovereignty.|
|7. State functions through the government.||7. Society has no government.|
|8. State is one of the association in the society.||8. Society has many associations of which state is one.|
|9. Membership of state is compulsory.||9. Membership of society is obligatory.|
|10. State Studies about Political system.||10. Society studies about social system.|
|11. State controls our external relations.||11. Society influences on our internal relations.|
|12. Rules of the state are compulsory.||12. The rules of society are not compulsory.|
|13.State has the power to punish the people.||13. Society cannot punish people.|
|14. State has a legal system.||14. Society has no legal system.|
Explain the kinds of law.
1. Natural Law:
Natural law promotes individualism and contends that there should be no law s to regulate or restrict individual behavior.
2. Constitutional law:
It is the highest and fundamental law of the land, which defines the organization of the state, determines the functions of various departments and establishes the relationship between the governor and the governed.
3. Ordinary law:
It is subordinate to the constitutional law. It is made by the parliament. It determines the relationship between the state and citizens.
4. Administrative law:
It deals with regulating the activities of the government officials in relation to state authority.
5. International Law:
International law is a body of rules and regulations which the sovereign states are expected to follow, observe and honour in their interaction with one another.
6. National Law:
National law is formulated by the sovereign authority of the State applicable to all people and associations living within territorial limits or jurisdiction of the state. It is also known as municipal law.
7. Private law:
It determines the relation between citizens.
8. Public laws:
Regulates the relation between the citizens and the states.
9. Case laws:
It refers to the laws that come into existence as a result of the decisions or verdict given by the court in a particular case. The courts give their own interpretation to apply a legal provision to a particular case. Such are known as case laws.
Write a note on 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 livelihood.
Explain the features of written constitution.
The features of written constitution are explained below.
- A written constitution is written in the document by the constituent assembly.
- It is deliberately framed by the constitutional experts.
- It came in to effect from a particular date.
- In the written form of constitution, all the provisions relating to the organization of the government, rights, and duties of the citizens are clearly mentioned.
- In this system the amendment procedure is very difficult and rigid.
- Written constitution provides the provisions of independence of judiciary.
- In the written constitution all provisions are clearly mentioned and the contents are in precise.
Explain the features of federal government.
1. Division of Powers:
A federal government is characterized by the existence of two governments the centre and the local government created on the basis of division of powers. Both are independent and autonomous within their spheres of powers and yet interdependent. The residuary powers rests with the centre in some states (e.g. India)and in the hands of local units in some states (e.g. Great Britain).
2. Supremacy of the constitution:
In a Federal system, the power enjoyed by the centre and local units is original because both derive their powers from the constitution. This avoids any confusion or contention in the sharing of power. The division of powers is based on necessity and convenience.
3. Written and rigid constitution:
The constitution in a federal government would definitely be rigid because it has to deal with powers related to both center and local governments. Each and every detail should be explained in a written form in order to avoid any clash of jurisdiction or possible over-lapping of responsibilities.
The amendment procedure would be rigid which protects the interest of the federation from frequent, mindless changes to the constitution.
4. Special provision for settlement of disputes:
In a presidential system, in order to settle disputes arising between the states or between centre and the states, the judiciary has been assigned the job of interpreting the provisions of the constitution, thus acting as custodian and guardian of the constitution.
5. Power of amendment:
In a presidential system, to amend the constitution both the centre and the local governments have been assigned equal powers. No constitutional amendment can be made without the consent of federal units.
Write the text of the preamble of the indian constitution.
The preamble of the constitution of India explains the aims and ideology and reads as:
- WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN, DEMOCRATIC, SOCIALIST, SECULAR and REPUBLIC Nation and securing to all its citizens.
- JUSTICE – social, economic and political.
- LIBERTY – of thought, expression, belief, faith, and worship.
- EQUALITY – of status and of opportunity and to promote among them all.
- FRATERNITY – assuring the dignity of the individual and the unity and the integrity of the Nation.
- The idea of the preamble has been borrowed from constitution of U.S.A.
List out the fundamental duties of Indian Citizens.
The 42nd amendment has incorporated a number of fundamental duties.
- Abide by the constitution and respect its ideals and institutions, the national flag and, national anthem.
- Uphold and protect the sovereignty, unity, and integrity of India.
- Defend the country and render national service.
- Promote common brotherhood and harmony.
- Value and preserve our composite culture.
- Protect the natural environment.
- Develop the scientific temper.
- Strive towards excellence in all sphere.
Write the meaning and significance of legislature.
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. 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.
The legislature is the primary and most powerful organ of the government. It controls the executive especially in the parliamentary form of government. 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.
Explain the emergency powers of the president.
1. The President may declare internal emergency under Article 352, if, in his opinion, there is a threat to India’s security due to war or external aggression.
2. The President may impose ‘President’s Rule’ under Article 356 if he is convinced that in that particular state the law and order have completely deteriorated and it cannot be governed as per the constitution. Though the President’s rule is imposed on the recommendation of the governor of the concerned state, it is not compulsory.
3. If the President is convinced that the financial stability and prestige of the nation are at risk, he may impose a financial emergency under Article 360. However, the imposition of internal and financial emergency should be placed before Parliament and its consent was taken within 2 months of the declaration of emergency, otherwise, it is considered invalid.
Mention the measures necessary to ensure the independence of the Judiciary?
1. In order to ensure independence of judicial system in India, the following steps have been taken so that the judicial officers are not under pressure in discharging their duties.
2. The Constitution has made it obligatory on the part of the President to consult the Chief Justice of India in appointing a judge of Supreme Court. This not only makes the appointment non-political but also saves judiciary from the influence of the executive (the; council of ministers).
3. A judge of the Supreme Court cannot be removed from office by the President his will, but on a motion passed by a two-third majority of the total membership of either house addressed to him. Thus, the legislative control over the executive ensures judicial independence.
4. A judge of the Supreme Court, though appointed by the President on the advice of the council of ministers, does not hold office during the pleasure of the President, but based on good behaviour. He can be removed only on charges of proven misbehavior or incapacity by a motion addressed to the President by the Parliament.
5. The salaries and allowances of the judges of the Supreme Court are determined by a law of parliament and is not subject to discussion. The salary and allowances of the judges cannot be reduced or varied to his disadvantage during his term of office. This means that he will not be in any way affected by any law made by the parliament since the day of his appointment.
6. The administrative expenses of the Supreme court, the salaries, and allowances of the judges and staff is charged on the Consolidated Fund of India (CFI), a corpus fund of Rs. 50 crore which may be enhanced from time to time, and it can not be voted in parliament.
7. Discussion of the conduct of the judges of the Supreme Court is not allowed in parliament except during the removal of a judge. This gives immunity from criticism.
8. A judge of the Supreme Court is not permitted to practice in any court in India after retirement. This prevents him from falling prey to temptations. To boost accountability in the judicial system, the Central Information Commission (CIC) has brought the office of the Chief Justice under the purview of the Right to Information Act (RTI).
Explain the standing committees of Zilla Panchayath.
To look after the functions of Zilla Panchayat there are 5 standing committees, they are:
- General Committee.
- Committee on Finance, Accounts, and Planning.
- Committee on Social Justice.
- Committee on Education and Health.
- Committee on Agriculture and Industry.
Each committee consists of 5 elected members. No member can be in two committees at a time. The President of Zilla Panchayat will be the Chairman of General committee and Committee on Finance Accounts and Planning. For Committee on Social Justice, Committee on Education and Health and Committee on Agriculture and Industry members elect the chairman among themselves.
IV. Answer any Two of the following in 30 to 40 sentences each: (2 × 10 = 20)
Describe the features of Democratic Government.
1. The government in a democracy is responsible to the people. The government will also have to function according to public opinion. Self-government makes the people more disciplined and there will be more responsible citizens than in any other form of government.
2. Democracy upholds the principles of liberty and equality. Political and economic equality are assured in a democracy.
3. Democracy respects the dignity of human being. It provides rights and liberties for the development of the personality of individual.
4. A democratic government promote the welfare of the people, where as in other forms of government only particular class may be benefitted.
5. Democratic government is stable and efficient government. It avoids the revolution because it tarried on according to the wishes of the people.
6. Unlike other forms of government, democracy is self-corrective. In democracy the freedom of speech and freedom of press creates an enlightened public opinion
7. Democracy is progressive and educative force. In a democracy, people have full civil and political rights. It is a training ground for active, healthy and intelligent citizenship.
8. In democracy, there is order, peace, and progress. It is flexible government which adopts itself to change peacefully.
9. As the people have a share in the government of country, the spirit of patriotism is strengthened and everybody is willing to work and undergo sacrifices for the welfare of the community.
10. Democracy protects the minority. A written constitution guarantees the rights of the minorities.
Discuss the composition, powers and functions of the Loksabha.
The members of Lok Sabha are elected by the people. All adult citizens unless disqualified for other reasons have the right to select their representatives. Qualifications to become the members are must be a citizen of the country and must have attained the minimum age fixed by the constitution. The term of office is five years. Speaker is the presiding officer. He is elected from among the members of the house.
The powers and functions of LokSabha are as follows:
1. Legislative functions:
The power of Loksabha extends to all subjects falling under the Union List and the Concurrent List. In case of emergency in operation, its power also extends to the State list as well. No bill can become a law without the consent of Loksabha. The Loksabha has equal powers of law-making with Rajyasabha except on financial matters where the supremacy of Loksabha is total.
In case of disagreement between the two houses on a matter of legislation, it is resolved by a Joint Sitting of both the houses presided over by the Speaker. In a Joint Sitting, Loksabha would emerge triumphant because the decisions are taken by a majority of the total number of members of both the house present and voting in which the numerical superiority of Loksabha prevails.
2. Financial functions:
On financial matters, the supremacy of the Loksabha is total and complete. “One, who holds purse, holds power” said James Madison. By establishing its authority over the national purse, Loksabha establishes its authority over the Rajyasabha.
It is expressly stated that the Money bill can originate only in the house of people. Regarding budget, Loksabha being a representative house enjoys total authority. Loksabha’s position on financial matters is such that the demands for grants are placed only before the Loksabha.
3. Control over the executive:
The Loksabha enjoys direct control over the executive because; the executive is directly responsible to the lower house and stays in office as long as it enjoys the confidence of the house. The Loksabha not only makes laws but also supervises the implementation. The lower house being a debating house, the members are free to seek information from the executive and raise questions and seek clarifications.
The members can effectively seek information from the government by way of discussions and debates during the Question Hour (seek clarification), the Adjournment Motion (raises issues of national importance), the Zero Hour, the Cu motion, the Call-attention motion, etc. The soundest way of controlling the executive is by way of moving the No-confidence motion, if the executive fails to win the support of Lok sabha, they must step down.
4. Constituent functions:
The Loksabha shares equal powers in regard to amending provisions of the constitution. An amendment may be initiated either in the Rajyasabha or Loksabha and must be passed by a 2/3 majority in both the houses present and voting. The agreement of Rajyasabha is compulsory for the success of the constitutional amendment.
5. Electoral functions:
The Loksabha and Rajyasabha elect the highest constitutional functionaries such as the President and the Vice-president. The President is elected by the members of Loksabha and Rajyasabha along with the members of Legislative Assemblies of the states. The Vice-president is elected by members of Loksabha and Rajyasabha.
6. Judicial functions:
The Loksabha acts as a judge in the impeachment of the President. Either house can prefer the charge of impeachment. If. Rajyasabha prefers the charge, Loksabha investigates the charge and if it passes a resolution by a 2/3 majority of the total membership of the house.
President stands impeached from the office. The Loksabha also sits in Judgement along with the Rajyasabha, in removing high constitutional functionaries such as the Comptroller and Auditor General, The Chief Vigilance Commissioner, the Chief Election Commissioner, etc.
Explain the powers and functions of the Prime Minister of India.
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 key stone 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.
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.
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,
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 Rho always regarded not making any decision as the best decision, where as Vajpayee was emotional.
The powers and function of the Prime minister are detailed below:
1. Formation of Ministry:
The primary task of the Prime minister on assuming office is the formation of the Council of ministers. Normally ministers are picked from the same political formation to ensure uniformity and continuity of policy. However, nothing prevents Prime minister from picking anyone as minister.
2. Allocation of Portfolios:
After forming the ministry the next important task is the allocation of responsibilities to ministers. Certain key or heavyweight portfolios such as Home, Defence, Finance, Commerce and Industry, External affairs, etc., are to be given to party heavyweights who enjoy a good clout and following among the party workers. Also to ensure efficiency and stability of the government. Prime minister enjoys the power of expanding and reforming the ministry.
3. Chairman of the Cabinet:
The cabinet meetings are held under the chairmanship of the Prime minister. The Cabinet is a deliberating forum and differences may come up. It is the responsibility of the Prime minister to mediate and soften things and arrive at decisions.
The Prime minister has the authority to decide the matters to be taken up by the cabinet and may accept or reject proposals. Normally the proposals brought by ministers for discussion are not rejected.
In the era of coalition politics, it is a challenge for the Prime minister to hold the flock together. It is very difficult to chair a Cabinet full of divergent views, ideologies, and principles. For example, for the last fifteen years, we are a witness to pulls and pressures exerted on the Prime minister from different alliance partners.
4. Leader of Lok Sabha:
Prime minister is the leader of Lok sabha. All major decisions and announcements of the government are made by the Prime minister. It is the responsibility of the Prime minister to ensure that all bills brought before Lok sabha for approval are passed. And he has to defend the government on the floor of the house.
Though ministers are individually responsible to their ministries, it is the Prime minister who provides general leadership and direction. If any minister makes a mistake, the Prime minister has the power to guide and correct him.
5. Leader of the Government:
The decisions of the government however good, are subjected to scrutiny and criticism. The Prime minister, as leader of the government, has to defend policies and programmes of the government both in and out of parliament.
6. Coordination and Supervision:
In running the administrative machinery Prime minister will have to encounter numerous problems ranging from routine to serious. Under the circumstances, it is essential to integrate different departments and see that they work smoothly and the ability of the Prime minister is tested on this count.
A Prime minister should not only pick a team but also retain it as a team till the end of the term. Whenever problems arise between departments, he has to mediate and sort it out amicably through dialogue and goodwill.
The Prime minster is the general head of the government. Hence he has the responsibility of supervising the administration. Though each Minister is in charge of a ministry, lack of general supervision results in poor administrative quality.
To maintain quality in administration, the Prime minister will have to supervise. It not only gives him a general feel of the administration but also makes the ministers more responsible. The Prime Minister may correct the working of a particular ministry and offer suggestions.
7. Bridge between the President and the Parliament:
The Prime minister acts as a link between President and Parliament In a parliamentary government. As all executives powers are vested in the hands of the President, the Prime minister is duty-bound to keep the President informed about the decisions taken by the government. Also, the President himself can call for any information from the government.
The Prime minister not only acts as a bridge but also as the advisor to the President. Whenever necessary the President will look forward for advice. For example, the President seeks the advice of Prime minister before dissolving Lok sabha.
Describe the composition and powers of the supreme court of India.
The President of India appoints the judges of the Supreme court on the advice of the council of ministers in consultation with the Chief Justice of India. Article 124 which deals with the appointment of judges, makes it obligatory on the part of the President of India to consult the Chief Justice of India.
In appointing the Chief Justice of India, the President shall, besides the advice of the council of ministers, consult the judges of the Supreme Court and the High courts if he considers it necessary. But, neither the constitution nor the law provides for Chief Justice’s recommendation as to his successor. It is a practice sanctioned by convention.
Normally, the Chief Justice of India is appointed from among the senior-most judges of the Supreme Court.
The following are the powers of the Supreme Court:
1. Original Jurisdiction:
Article 131 of the constitution deals with the original jurisdiction of the Supreme Court. The original jurisdiction of the Supreme Court is so exclusive that no court in India can take up cases falling under the original jurisdiction.
The original jurisdiction of the Supreme Court is purely federal in character. Matters relating to the problems and disputes arising between the union and the states or between the states are taken up by the Supreme Court. The disputes entertained under the original jurisdiction are:
- A dispute involving the Government of India Vs the state of Union of India.
- A dispute involving the Government of India plus one or more states Vs one or more states.
- A dispute involving one or more states on one side Vs one or more states on the other.
2. Appellate Jurisdiction:
The Supreme Court is the highest court in India. Under Appellate jurisdiction, the Supreme court only takes up such cases that come on appeal. It has no power to take up such cases, which is not asked to take up. The appellate jurisdiction can be studied under the following three heads:
a. Constitutional Cases:
The cases that come before the Supreme court are as follows:
- The cases involving a question of law relating to the interpretation of the constitution or certification by the High court.
- The Supreme Court can take up a case if the High court in its opinion feels that the case involves a substantial question of law, which should be decided by the Supreme court.
b. Civil Cases:
Originally Article 133 provided for an appeal against the high court order if it certified that the amount involved was less than Rs. 20,000 and the case is fit for appeal. But, the Law Commission found the logic unreasonable and as a result, the 30th Amendment of 1972 did away with the ceiling of Rs. 20,000.
The Supreme Court can take up the civil appeal, if the High court certifies that the case involves a substantial question law of general importance. The certification by the High court is essential in these cases.
c. Criminal Cases:
Article 134 provide for an appeal to the Supreme court against the judgment of the High Court under the following conditions:
If the High Court has reversed a decision of release of an accused and has given him a death sentence.
In a case where the High court has exercised the authority of a lower court and given a death sentence to the accused.
In any criminal case if the High court certifies that the case is fit for appeal in the Supreme Court.
3. Special Leave Jurisdiction:
Article 136 confers a special power in the hands of the Supreme Court to grant special leave. In hearing appeals the Supreme Court may grant Special Leave petition against any judgment or order made by any court or tribunal, except military tribunal, in a case. The decision is entirely left to the discretion of the Supreme Court.
This power, however, is to be used only under exceptional circumstances like matters involving general public interest or in cases of grave injustice or cases in which no appeal is otherwise provided by law.
4. Advisory Jurisdiction:
Article 143 confers the power of advisory opinion. In order to break authoritative opinion, the President of India may seek the advisory opinion of the Supreme Court on the matter which is, in his opinion, important and necessary such as disputes arising out of treaty of agreement.
However, the advice of the Supreme Court is purely advisory in nature and it is up to the executive to accept it or not. The Supreme Court may decline to give advisory opinion if it finds unnecessary.
5. Power of Judicial Review:
The supremacy of the Supreme Court as the guardian of the constitution is emphasized by the power of judicial review. The Supreme court has the power of declaring a law made by the legislature or an executive action as ultra vires (intra vires) or null and void or unconstitutional if it is not in tune with the provisions of the constitution or violative of the fundamental law of the land.
This acts as an effective, check on both the legislature and the executive as any decision made or action taken whimsically without regard to the constitution is declared invalid.
6. The Court of Records:
The proceedings and judgments of the Supreme Court are kept preserved to be made use of in future cases and judgments, whenever necessary by the lower courts. Those decisions are authoritative records on law whose validity cannot be questioned in any court. The courts of records also have the power to correct its own clerical errors.
7. The Contempt of court:
The Supreme Court enjoys the authority of imposing fines or imprisonment for violating the orders of the court (Article 129).
8. Self-correcting Court:
The Supreme Court has the power of correcting its own judgments. This is to ensure any loss or damage, physical, emotional or material that may be caused to any person seeking justice. To put it in legal terms, this is to ensure against ‘miscarriage of justice’.
9. Guardian of the Constitution:
The Supreme Court enjoys the privilege of protecting the constitution against violation of its provision either by the government or by the people, It is the responsibility of the Supreme Court to see that the laws of the constitution are respected and adhered to by all in India.
By acting as the watchtower of the constitution, it checks against the violation of laws. As guardian of the constitution, the Supreme Court also exercises the power of interpreting the contents of the constitution. Any matter relating to technical interpretation of details or definitions of terms in the constitution is the sole prerogative of the Supreme Court.
10. Enforcement of Fundamental Rights:
The Supreme Court is empowered by the constitution to act as the protector and guarantor of the fundamental rights. Under Article 32, the Supreme Court enjoys the power of issuing constitutional writs, also called as writ jurisdiction, for the enforcement of fundamental rights. The writs may be against the government or individuals.
The writs are briefly explained as follows:
a. Habeas Corpus:
This literally means ‘to have a body’. It calls upon the authority, which arrests a person to produce in court, the person to set him free if he has done nothing wrong. It protects an individual against wrongful confinement.
This literally means a command. It is a command issued by the court asking a person to perform his legal duty, which is of public nature.
It is a writ issued by the Supreme court to an inferior court restraining it from exercising powers which are not invested in them.
It is a writ by which a case is removed from a lower court, which does not enjoy jurisdiction to deal with it.
e. Quo warrato:
This writ is issued to prevent a person from illegally occupying a public office to which he is not entitled.
11. Defender of the Federation:
The constitution vests the power of settling the disputes and problems between the centre and the states. In order to prevent the conflict of power between the two, the Supreme Court interprets the laws, which help in maintaining the unity of the federation.
12. Miscellaneous functions:
The following are the miscellaneous functions of the Supreme court.
- The Supreme Court has the power of regulating the practice and procedure of the court.
- It appoints its own clerical establishment and exercises supervision over lower courts.
- The Supreme Court decides matters relating to the election of the President and Vice-president.
- The Supreme Court if satisfied, may withdraw a case on its own or on appeal pending before one or more High courts on a matter involving substantial question of law of general importance (Article 139).
- The Supreme Court, if necessary, can transfer any case pending before any Highcourt to any other High court.
- The Supreme Court may also transfer a criminal case from one high court to the other.
IV. Answer any two of the following in 15-20 sentences each: (2 × 5 = 10)
Explain the different forms of local self government through a graphical note.
Write a note on Independence Day celebration of your college.
Write a note on the compulsary functions of city municiple council.
Nagara Sabha is constituted on the basis of population of the city or town. According to Karnataka municipal act 1964 for every city with population of 50,000 to 3,00,000 city municipal council is constituted. Towns with population of 20,000 to 50,000 town municipalities are constituted. The members of Nagara Sabha are directly elected by the residense of the town and cities directly for a period of 5 years.
Following are the general functions:
- Management of administration of the corporation.
- Preparation of budget.
- Seek approval of budget.
- Compulsory functions of corporation.
- Construction and conservation of public roads and streets.
- Providing electricity to public roads, streets, and markets.
- Making arrangements for conservancy, drainage, and removal of garbage.
- Providing safe drinking water and waste for other purposes.
- Naming and numbering of roads.
- Construction and maintenance of public markets.
- Prevent diseases through an effective public health system.
- Control over the construction of buildings through an effective clearance system.
- Prevent the adulteration of food products, milk, and pharmaceuticals.
- Registration and maintenance of birth and death records.
- Establishment and maintenance of primary schools.
- Planting and conservation of saplings.
- Construction and maintenance of public gardens and play grounds.
- Construction and maintenance of burial grounds.
- Protection of public property and public monuments.
Optional functions are discretionary in nature. They can be undertaken only if the time and money permits. The following are the optional functions of the corporations.
- Establishment of an efficient transport system.
- Establish associations for the welfare of orphans and the destitute.
- Establishment and maintenance of child welfare centers.
- Construction and conservation of swimming pools and bathing ghats.
- Conduct surveys of land and buildings.
- Construction and maintenance of museums, art galleries, and gardens with distinct plants.
- Establishment and maintenance of hospitals for animals.
- Raise money for providing relief during natural calamities such as earthquake, drought, etc.,
- Improve slums by developing them.
- Construct houses for the poor, homeless and the destitute.
- Construction and maintenance of water troughs for animals.
- Support environment conservation programmes through planting trees etc.
Write about the achievement of any chief minister of Karnataka.