STUDY TIME

 IMPORTANT QUESTION & ANSWERS

Question 1. Write any one method of representation of minorities.

Answer. Several types of election methods are adopted for the representation of minorities, one of them is the cumulative vote system. Under this system, each voter has the right to vote as many representatives as participate in the election, but the voter has the freedom to give all his votes to one person or distribute them among all the representatives.

Question 2. Write any two functions of the Election Commission of India.

Answer. The main two bodies of the Election Commission of India are as follows -

1. Declaring the dates of elections.

2. Release of election results.

Question 3. What do you understand by preventive detention?

Answer. Preventive detention is a step taken by the government in which a person is detained before committing a crime. If the government feels that a person can pose a threat to the security and order of the country, then such a person is put under house arrest.

Question 4. Human rights have become very important in present times. Explain.

Answer. Human rights were declared by the United Nations on 10 December 1948. Human rights have become very important in present times and every country is trying its best to provide human rights to its citizens. Many international organizations publish their reports on the violation of human rights, so every country respect human rights and tries to provide them.

Question 5. Why is there a need to amend the constitution?

Answer. Amendment in the constitution is required because according to the time when any provision has to be included in the constitution, it is included through constitutional amendment and through this the constitution remains alive.

Q 6. What is the procedure for the appointment of the Prime Minister of India?

Answer. The Prime Minister of India is appointed by the President and the President appoints such a person as the Prime Minister who has obtained majority in the Lok Sabha elections.

Question 7. Write any two defects of the Indian electoral system.

Answer. Some of the major drawbacks of the Indian electoral system are as follows -

1. The biggest shortcoming in the Indian election system is the arbitrary use of money in it.

2. One of the biggest drawbacks in the Indian election system is that criminal tendencies get involved in the elections.

3. There is also a flaw in the Indian election system that there is no prescribed educational qualification for contesting elections.

Question 8. Describe any four political rights of the citizens.

Answer. The main four political rights of the citizens are as follows-

1. Every citizen has the right to vote. A person who becomes an adult has the right to vote in an election.

2. Every citizen also has the right to contest elections. If a person is eligible for any election, he can stand as a candidate in that election.

3. Every citizen has the right to get any government post.

4. Every citizen has the right to form any type of political party.

Q 9. What is meant by freedom of expression? What in your opinion would be appropriate restrictions on this freedom?

Answer. Freedom of expression means that every person has complete freedom to express his views. Any person in India can express his views and for this he can use newspaper, magazine or any other medium. Article 19 of the Indian Constitution clearly describes the freedom of expression.

Restrictions on freedom of expression -

1. No person shall have any right to insult any other person. No person shall utter words derogatory to any person by way of right of expression.

2. Freedom of expression gives a person a chance to express his views freely but it does not mean at all that he should exercise this right in an arbitrary manner.

3. The state can impose restrictions on the right to freedom of expression of a person if the state has an impression that the said person is threatening malice, integrity, security, peace and morality.

Question 10. Why can the Lok Sabha keep the executive under control more effectively than the Rajya Sabha? Write any four suitable arguments.

Answer. The Lok Sabha controls the executive more effectively than the Rajya Sabha and the following factors are responsible for this -

1. The Lok Sabha is able to control the executive better because the Council of Ministers is collectively responsible to the Lok Sabha. The Council of Ministers is responsible to the Lok Sabha for its actions, due to which the Lok Sabha is able to establish better control over the Council of Ministers.

2. Through Question Hour, Supplementary Questions, and Stop Work motion in the Lok Sabha, the Lok Sabha maintains its control over the Council of Ministers ie the executive and prevents the executive from acting arbitrarily.

3. The Lok Sabha is able to establish better control over the executive also because the Lok Sabha maintains its pressure on the executive through the no-confidence motion.

4. The Lok Sabha has better control over the executive also because the Lok Sabha is a popular house and it is directly elected by the people and its members are representatives elected by the people.

Question 11. Write any four stages of law making process in India.

Answer. The following steps are used in the process of law making in India -

1. Presentation of the Bill: The first step in the law making process in India is the presentation of any bill. Any proposal before law making is called a bill.

2. After the presentation of the bill in the house, after voting on it, the bill is sent to the committee and all these parliamentary committees discuss that bill.

3. After getting the reports of the committees, once again that bill is discussed in the house and after consideration it is sent to the other house.

4. After it is passed by both the Houses of the Parliament, the bill is taken to the President for signature and after getting the assent of the President, the bill takes the form of law.

Question 12. Explain the main differences between the system of winning the most votes and the system of proportional representation.

Answer. We can understand some major differences between the system of winning the most votes and the proportional representation system in this way -

1. In the system of winning the most votes, the person who gets the most votes is victorious, on the other hand, in the proportional representation system, a certain proportion of votes have to be obtained.

2. In the majority vote system, the voter votes for the representative, while in the proportional representation system, the voter votes for the party.

3. Under the system of winning the most votes, the whole country is divided into small geographical units, which come under constituencies, on the other hand, in the system of proportional representation, the whole area is considered as a single constituency.

4. In the first-place system, one representative from a constituency wins the election, while in the proportional representation system, multiple representatives can be elected from a constituency.

5. Majority vote system is mainly followed in UK and India while proportional representation system is used in countries like Israel and Netherlands.

Question 13. Which fundamental right of the Indian Constitution is the most important and why?

Answer. Although the fundamental rights described in the Indian Constitution are very important, but if we talk about any one important fundamental right, then the most important fundamental right can be called the right to constitutional remedies, because through this fundamental right, all other fundamental rights are guaranteed. is protected and this fundamental right provides protection to the rest of the fundamental rights. Five articles or writs have been described under the right to constitutional remedies which are as follows -

1. Habeas Corpus - Through Habeas Corpus, the court can order any arrested person to be produced before the court and if that person is wrongly arrested, then the court can also order that person to be released. Could

2. Mandamus - This order is issued when the court feels that a public functionary is not following his legal and constitutional obligations and this is affecting the fundamental rights of a person.

3. Prohibition Order - This order is passed by the court when a lower court hears a case by encroaching on its jurisdiction. By this order or writ, the Supreme or High Court restrains the lower court from doing so.

4. Rights Question - This order or writ is issued by the court when the court feels that a person has been appointed to a post on which he has no legal right. By this order, the court restrains that person from working in that position.

5. Articles of transmission - When a lower court or government officer does any work without authority, the court takes the matter under consideration before it and transfers it to the higher court or officer by transmission.

Question 14. Describe the salient features of the Indian Constitution.

Answer. Some of the salient features of the Indian Constitution are as follows -

1. The Constitution of India is the largest written constitution in the world. The main feature of the Indian Constitution is that it is the largest written constitution in the world.

2. The main feature of the Indian Constitution is that the federal system of government has been adopted in our constitution.

3. One of the features of the Indian Constitution is that fundamental rights have been arranged in it and six fundamental rights have been provided to every Indian.

4. The constitution of India is a mixture of rigid and flexible constitution i.e. Indian constitution is neither more rigid nor more flexible.

5. The provision of single citizenship has been made in the Indian Constitution, which means that every Indian will get only one citizenship.

6. A feature of the Indian Constitution is that it describes the Directive Principles of State Policy so that the State can run an ideal governance system.

7. One of the main features of the Indian Constitution is that an independent and supreme judiciary has been arranged in it.

8. The main feature of the Indian constitution is that adult franchise has been adopted under it, that is, every Indian who has been engaged will have the right to vote.

Question 15. Describe the special powers of the President in India.

Answer. Although the President in India plays the role of a formal head, but it would be wrong to say that the President does not have any kind of special rights. The President has also got many types of special rights which we can understand through the following points –

1. Constitutionally the President has the right to receive information on all matters of importance and proceedings of the Council of Ministers. It is the duty of the Prime Minister to provide all the information sought by the President.

2. The President also has a privilege that he can return any bill passed by the Parliament and ask for reconsideration. In this process the President exercises his discretion. However, once again the President cannot return any bill and he has to sign it.

3. The President also has a privilege that he can delay the return of the bill passed by the Parliament or can also use the pocket veto. This means that for how long the President can keep any bill with him and for this there is no time limit in the constitution. This type of procedure was adopted by the President of India, Giani Zail Singh in the year 1986.

4. The description of a prerogative power of the President, we also see here that when no political party gets majority in the Lok Sabha, then in such a situation, the President using his discretion can appoint any such person as the Prime Minister. On whom he believes that he can prove his majority later. In this situation, the President can appoint any person as the Prime Minister. This type of situation has arisen many times since 1989 in India.

Question 16. Describe the powers and functions of the Prime Minister.

Answer. Appointment of the Prime Minister - In India, the Prime Minister is appointed by the President, who appoints the leader of the political party as the Prime Minister after the Lok Sabha elections. If any political party does not get the majority in the Lok Sabha elections, then in such a situation, the President can appoint any such person as the Prime Minister, who can prove the majority later. Normally the term of the Prime Minister is 5 years but the Lok Sabha can be dissolved at any time, so it does not have a fixed term. Some of the major powers of the Prime Minister are described as follows -

1. One of the main functions of the Prime Minister is to form the Council of Ministers. The Prime Minister prepares the list of ministers and presents it to the President. The President appoints various ministers on the basis of this list.

2. An important role or power of the Prime Minister can also be seen in the form of chairing the cabinet meetings. Calling and presiding the cabinet meeting is a major function of the Prime Minister and through this meeting the Prime Minister discusses various issues.

3. An important function of the Prime Minister is that he also removes the ministers from their posts if necessary. When a minister does not work properly in his department, then the Prime Minister removes that minister from the post of minister.

4. We can also see an important role of the Prime Minister in the form that the Prime Minister of India acts as a link between the Cabinet and the President. The Prime Minister keeps on providing information about all the works of the government to the President.

5. The prime minister is the chief spokesperson of the government and also determines all decisions and policies on behalf of the government.

6. The Prime Minister in India actually exercises the powers because the parliamentary executive has been adopted in India. The Prime Minister thus reflects as the leader of the nation and provides leadership to the country.

Question 17. What do you understand by independence of judiciary? Describe the provisions of the Indian Constitution that ensure the independence of the Judiciary.

Answer. The independence of the judiciary simply means that the judges give their decisions without any coercion or fear. When judges perform their functions without any external pressure or control, it is called independence of judiciary. Many such provisions have been included in the Indian Constitution, which ensure the independence of the judiciary. Some of such provisions are as follows -

1. No interference by the legislature in the appointment of judges has been accepted.

2. It has been made a necessary condition for the judges to be expert in advocacy and law so that they can perform their functions in a better way.

3. Judges are appointed for a fixed term, such as in the Supreme Court, judges can serve for 65 years and cannot be removed before that.

4. The process of removal of judges is very difficult and can be removed only through the process of impeachment. Whenever there are allegations of misconduct on a judge, the parliament investigates those allegations and if those allegations are found to be true, then the judges are removed by the process of impeachment. Judges cannot be removed from their posts by any other process.

5. The salaries and allowances of judges are paid from the Consolidated Fund and their salaries and allowances cannot be reduced by the legislature.

6. Any work and decision of the judiciary cannot be criticized anywhere.

7. If a person shows contempt of the court, appropriate action is taken against that person and he is punished.

8. No decision or conduct of the judiciary can be discussed in the Parliament. Only the process of impeachment can be discussed in the Parliament.

Question 18. What provisions have been made in the constitution for religious freedom of minority communities? Describe.

Answer. The following provisions have been made in the constitution for the religious freedom of minority communities -

1. Minority communities have the right to preserve their culture, language and script.

2. Minority communities have also been given the right to establish and administer their own educational institutions, in which they can also arrange for religious education.

3. Minority communities have also been given the right that they can take admission in any educational institution and they will not be denied education on religious grounds.

Question 19. Which method of election of people's representatives is adopted in Indian democracy? Describe.

Answer. In Indian democracy, the system of winning the most votes is adopted for the election of public representatives. This system is very simple and convenient, which is easily understood by every person, that is why this method has been adopted for election in the Indian Constitution. Some of the salient features of the majority vote system are as follows:

1. Through this system, the representative who gets the most votes in the election is declared victorious.

2. This system is used more in countries with high population and countries with large size.

3. In this system each country is divided into several constituencies.

4. In this system of election, the voters vote for their representatives.

5. This system is used in India and Britain.

6. Only one representative is elected from each constituency.

Q 20. Which petitions are included in the Right to Constitutional Remedies? Write in detail.

Answer. Under the fundamental rights described in Part-3 of the Indian Constitution, Article 32 has described the rights of constitutional remedies, through this right, 5 petitions or articles have been described in the Indian Constitution, which are as follows -

1. Habeas Corpus - Through Habeas Corpus, the court can order any arrested person to be produced before the court and if that person is wrongly arrested, then the court can also order that person to be released. Could

2. Mandamus - This order is issued when the court feels that a public functionary is not following his legal and constitutional obligations and this is affecting the fundamental rights of a person.

3. Prohibition Order - This order is passed by the court when a lower court hears a case by encroaching on its jurisdiction. By this order or writ, the Supreme or High Court restrains the lower court from doing so.

4. Rights Question - This order or writ is issued by the court when the court feels that a person has been appointed to a post on which he has no legal right. By this order, the court restrains that person from working in that position.

5. Articles of transmission - When a lower court or government officer does any work without authority, the court takes the matter under consideration before it and transfers it to the higher court or officer by transmission.

Question 21. Briefly describe the process of constitution making.

Answer. The Constitution of India is the largest written constitution in the world. The process of making the Indian Constitution has been a long one and it took 2 years, 11 months and 18 days to make it. We can understand the process of Indian constitution making through the following points –

1. The framing of the Indian Constitution was based on the scheme proposed by the Cabinet Mission, on the basis of which seats were given to each group of provinces and princely states in proportion to their population. Roughly a ratio of one seat per million population was kept.

2. The total number of members of the Constituent Assembly was fixed at 389 before partition. After the partition of India and Pakistan, only 299 members were left in the Constituent Assembly of India.

3. The Indian Constituent Assembly was elected indirectly by the members of the provincial assemblies. The first meeting of the Constituent Assembly of India took place on 9 December 1946.

4. The Constitution of India was made by the Constituent Assembly in 2 years 11 months and 18 days. On 26 November 1949, the Constitution of India was prepared, which was signed by 284 members.

5. The temporary President of the Constituent Assembly was Dr. Sachchidanand Sinha and later Dr. Rajendra Prasad was made the permanent President of the Constituent Assembly.

6. The Constituent Assembly usually used unanimity to add any provision and any provision was included in the constitution after various debates.

7. Different types of committees were also formed to prepare the constitution and usually Jawaharlal Nehru, Rajendra Prasad, Sardar Vallabhbhai Patel, Maulana Azad and Dr. Bhimrao Ambedkar were made the presidents of these committees.

8. The Constituent Assembly met for about 166 days and completed the framing of the Constitution which was implemented on 26 January 1950.

Question 22. How is the President of India elected? Explain.

Answer. The head of the federal executive in India is the President and all the executive power of the union is vested in him, which he exercises according to the constitution himself or through his subordinate officers. The election of the President is done by the indirect election system which is described in Article 55. We can understand the election process of the President through the following points –

1. The President of India is elected by an electoral college whose members are the elected members of the Lok Sabha and the Rajya Sabha and the members of the State Assemblies.

2. The President of India is elected according to the proportional representation system by the single transferable vote system and this election is secret.

3. A single transferable vote system is used in the election of the President, which means that if there is more than one candidate for the post of President, each voter will give as many votes in order of preference as there are candidates, that is, each voter will give his vote to each candidate. Will give in order of preference. For example, if there are three candidates for the post of President, then the voter will give his vote to all the three candidates according to the first, second and third seniority.

4. In the presidential election, the same candidate is declared successful who has secured at least one vote more than half of the total valid votes i.e. more than 50%. It is also called the minimum quota. The candidate who achieves the minimum quota is declared successful.

Question 23. What is the main difference between Council of Ministers and Cabinet? Which is more important of the two and why?

Answer. Council of Ministers - After the appointment of the Prime Minister, the Prime Minister appoints prominent leaders from among the winning candidates as ministers by the President.

Council of Ministers - A cabinet is prepared by including ministers of some special and important ministries of the Council of Ministers.

The main differences between the Council of Ministers and the Cabinet are as follows -

1. The Council of Ministers is a constitutional body which is described in the constitution but the cabinet is not a constitutional body but it has been created to improve the administrative work.

2. Council of Ministers is a big assembly and there are many ministers in it, on the other hand, there are very limited ministers in the cabinet, whose number ranges from 10 to 15. The cabinet is a small assembly whose meetings can easily be called frequently.

3. At present, the role of the cabinet is increasing continuously in the democratic process and it has become an important body, on the other hand, the Council of Ministers is a common body and its role is very less than the role of the cabinet.

More important assembly in Council of Ministers and Cabinet - If we make a comparative study of the Council of Ministers and the Cabinet, then we can say that the Cabinet is a more important assembly than the Council of Ministers. An important factor for the important role of the cabinet is that it consists of the ministers of the very important ministry of the country who constantly discuss with the prime minister the serious matters of the country and make policies. The importance of the cabinet is also because the cabinet meeting can usually be called easily and the Prime Minister is able to make policies and take decisions very quickly from this cabinet meeting.