Working of Institutions

1. Explain the reservation policy of India.

Ans. (1) Reservation policy refers to the policy that declares some positions in government employment and educational institutions
reserved for people and communities who have been discriminated against, are disadvantaged and backward.
(2) The benefit of job reservation was earlier available only to Scheduled Castes sad Scheduled Tribes. But later, a new third category,
called socially and Educationally Backward Classes (SEBC) was introduced. Only persons who belong to backward classes were
eligible for this quota of 27% jobs.
(3) Our policymakers felt that this would give a fair opportunity to those communities who so far had not adequately been represented
in government employment.
2. What was the Mandel Commission? Why did the Mandel Commission become the most hotly debated issue ?
Ans. (1) In 1979, the Government of India had appointed the Second Backward Classes Commission headed by B.P. Mandel, that was
popularly called the Mandal Commission.
(2) (i) The commission gave its report in 1980. One of its recommendations was that 211, of government jobs be reserved for the
socially and educationally backward classes.
(ii) On 6 August, 1990, the Union Cabinet took a formal decision to implement the recommendations. As a result, this became hotly
debated issue in the country.
(iii) People reacted strongly because this decision affected thousands of job opportunities.
(iv) It led to widespread protests and counter-protests, some of which were violent. People felt that this was unfair as it would deny
equality of opportunity to those who did not belong to backward communities.
3. Explain the role of political institutions in decision-making process in democracy.
Ans. (1) In all modern democracies, several arrangements are made to attend to all these tasks. Such arrangements are called
institutions. Political institution refers to a set of procedures for regulating the conduct of government and political life in the country.
(2) In democracy three institutions — Legislature, Executive and Judiciary play a key role in the decision-making process.
(3) A Democracy works well when these institutions perform functions assigned to them. The constitution of any country lays down
basic rules on the powers and functions of each institution.
(i) The Prime Minister and the Cabinet are the institutions that take all important policy decisions.
(ii) The Civil Servants, working together, are responsible for taking steps to implement the ministers’ decisions.
(iii) Supreme Court is an institution where disputes between citizens and the government are finally settled.
4. Describe the role played by the contemporary Prime Minister of India in the implementation of the Mandal Commission
Report.
Ans. The Mandel Commission submitted its report in 1980. For several years, many parliamentarians and political parties kept
demanding the implementation of the Commission’s recommendations.
(1) In 1989 Lok Sabha elections, the Janata Dal in its manifesto promised that if voted to power, it would implement the Mandel
Commission Report.
(2) The Janata Dal did form the government after this election. Its leader V.P. Singh become the Prime Minister.
(3) On 6 August 1990, the Union Cabinet took a formal decision to implement the recommendations and Prime Minister V.P. Singh
informed the Parliament about this decision through a statement in both the Houses of Parliament.
(4) The decision of the Cabinet was sent to the Department of Personnel and Training. An officer signed the order on behalf of the
Union Government.
(5) This was how O.M. No. 36012/31190 was born on August 13, 1990.
5. ‘Working with institutions is not easy.’ Give any three reasons to support the statement,
Ans. (1) Institutions involve rules and regulations which can hind the hands of leaders.
(2) Institutions involve meetings, committees and routines. This often leads to delays and complications. Therefore, dealing with
institutions can be frustrating.
(3) Institutions make it difficult to have a good decision taken very quickly. But they also make it equally difficult to rush through a bad
decision. Some of the delays and complications introduced by institutions are very useful. They provide an opportunity for a wider set of
people to be consulted in any decision. That is why, democratic governments insist on institutions.
8. Analyse the reaction of the people after the implementation of the Mandal Commission Report.
Ans. (1) The government’s decision to implement the recommendations of the Mandal Commission became a hotly debatable issue in
the country. It led to widespread protests and °tinier Protests some of which were violent.
(2) People reacted strongly because this decision affected thousands of job opportunities.
(3) People felt that this was unfair as it would deny equality of opportunity to those who did not belong to backward communities and
they would be denied jobs even though they could be more qualified.
(4) Some felt that this would perpetuate caste feelings among people and hamper national unity.
(5) Some persons and associations opposed to this order and filed a number of cases in the courts. The Supreme Court of India
bunched all these cases together. This case was known as the ‘Indira Sawhney and others vs. Union of India case’.
9. Describe the importance of the political institution in a democracy.
Or
Describe the need of political institutions.
Ans. (1) The institution takes decision and makes rules and regulation for proper administration.
(2) They provide an opportunity for a wider set of people to be consulted in any decisions.
(3) They are responsible to solve the dispute that may arise.
(4) There should be someone to determine what is right or wrong.
(5) The institutions not only take decisions but also implement them to get the desired purposes.
1. Describe the powers and functions of the Lok Sabha.
Ans. (1)Any ordinary law needs to be passed by both the houses. But if there is a difference between the two houses, the final decision
is taken in a joint session. Because of the larger number of members the view of the Lok Sabha is likely to prevail in such a meeting.
(2)The Lok Sabha exercises more powers in money matters. Once the Lok Sabha passes 1St budget of the government or any other
money related bill, the Rajya Sabha cannot reject
(3)Most importantly, the Lok Sabha controls the Council of Ministers. Only a person who enjoys the support of the majority of the
members in the Lok Sabha is appointed the Prime minister.
2. Describe the composition of the Indian Parliament.
Ans. (1) In our country, the Parliament consists of two houses. The two houses are known as the Council of States it, the Rajya Sabha
and the House of the People i.e., the Lok Sabha.
(2) The President of India is a part of the Parliament, although she is not a member of either house. That is why all laws made in the
Houses come into force only after they receive the consent of the President.
(3)Our Constitution does give the Rajya Sabha some special powers over the states. But most matters, the Lok Sabha exercises
supreme power.
3. Describe the role of the Parliament.
Or
Describe any three major functions that are performed by the Parliament.
Or
Mention the powers and functions of the Indian Parliament.
Or
Dose the powers and functions of the Parliament of India.
Ans. (1) Parliament is the final authority for making laws in any democratic country. All over the world. Parliaments make laws, change
existing laws or abolish existing laws and replace them by new ones.
(2)Parliaments all over the world exercise control over those who run the government. In this act the leaders of opposing parties play
an important role.
(3) The governmental budget is passed in the Parliament. So, Parliament controls all the money that governments have.
(4) Parliament can seek information from and ask questions to the government and its Viers on any matter.
(5)It is the highest forum of discussion and debate on public issues and national policies.
(6)Parliament exercises many residuary powers. It can remove the President, &my Chiefs, the Supreme Court and High Court Judges,
etc. from their offices.
4. Explain the need and importance of the Parliament.
Or
Why do we need a Parliament? Explain.
Ans. (1) It is the final law-making authority at the national level. Its law is equally applicable to any part of the national territory.
(2) No state can make laws against the spirit of the laws paved by the Part acre In case ca any clash between state laws and the laws
passed by the Parliament, the latter will prevail.
(3) Parliament establishes control over the functioning of the executives.
(4) It controls and regulates the financial issues.
(5) Parliament is the highest forum of discussion public issues and national policy in any country.
5. In what ways does the Lok Sabha exercise more powers than the Rajya Sabha?
Or
Which of the two houses of Parliament exercises more powers and how? Explain
Or
How can you say that the Lok Sabha is more powerful than the Rajya Sabha in India? Explain.
Or
“The Lok Sabha is more powerful than the Rajya Sabha,” Explain by giving three reasons.
Or
Our Constitution does give the Rajya Sabha some special powers over the states, but the Lok Sabha exercises supreme power. How?
Explain.
Ans. (1) Any ordinary law needs to be passed by both the Houma, but if there is a dispute between the two Houses, the final decision is
taken in a joint session in which members of both the Houses sit together. As the Lok Sabha consists of a large number of members,
its views prevail in such a meeting.
(2) Once the Lok Sabha passes the budget of the government or any other money-related law, the Rajya Sabha cannot reject it. The
Rajya Sabha can delay it for a maximum of 14 days or suggest changes in it which may or may not be accepted by the Lok Sabha
(3) The Lok Sabha controls the Council of Ministers. If the majority of the Lok Sabha members say that they have no confidence in the
Council of Ministers then. all the ministers including the Prime Minister have to resign.
6. Write any three main differences between the Lok Sabha and the Rajya Sabha.
Or
Describe the importance of the Lok Sabha and the Rajya Sabha.
Or
Compare the powers of the Lok Sabha and the Rajya Sabha.
Ans. ( 1) The Lok Sabha members are elected directly, whereas the Rajya Sabha members elected indirectly.
(2)The Rajya Sabha has strength of two hundred fifty members, whereas the Lok Sabha has a hundred forty-three members.
(3)The Rajya Sabha can initiate only ordinary bill whereas Lok Sabha can initiate both bill and money bill
(4) to any bill, the Rajya Sabha has only recommending power. Its suggestion is not binding on the Lok Sabha
(5)Sabha has no control over the Council of Ministers, whereas the Lok Sabha control the council of Ministers by exercising no-
confidence motion’.
(6) In case of any joint meeting of both the Houses, it is the speaker of the Lok Sabha* who presides over the meeting.
1. How is the Prime Munster of India appointed? Explain.
Ans. (1) There is no direct election to the post of the Prime Minister. The President appoints the Prime Minister.
(2)The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Ink Sabha, as the
Prime Minister.
(3)In case no single party or alliance gets a majority, the President appoints the person most likely to secure a majority support Hr
continues in power so long as he remains the kart of the majority party.
1. Describe how the Prime Minister and the Council of Ministers are appointed?
Ans. (1) The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Lok Sabha,
as Prime Minister. In case no single party or alliance gets a majority, the President appoints the person most likely to secure majority
support.
(2) The President appoints other ministers on the advice of the Prime Minister. The ministers are usually from the party or the coalition
that has the majority in the Lok Sabha. The Prime Minister is free to choose ministers, as long as they are members of Parliament.
(3) Sometimes, a person who is not a member of Parliament can also become a minister. But such a person has to get elected to one
of the Houses of the Parliament within six months of his/her appointment as a minister.
2. Describe the Presidential system of government with the help of a suitable example.
Ans. The Presidential government has the following features :
(1) The government is based on the principle of separation of powers. The three organs of the government i.e., Legislature, Executive
and Judiciary function independently of each other.
(2) The President is both the head of the State and the head of the government.
(3) The President is directly elected by the people for a fixed term. He personally chooses and appoints all ministers.
(4) The law-making is still done by the legislature (called the Congress in the US), but the President can veto any law.
(5) Most importantly, the President does not need the support of the majority of members in the Congress and neither he is answerable
to them. He has a fixed tenure of four years and completes it even if his party does not have a majority in Congress. This model of
government is followed in most of the countries of Latin America and many of the ex-Soviet Union countries.
3. In our political system, the head of the State exercises only nominal powers. Evaluate the statement and mention any three
situations in which President only uses his discretion. (Most Imp.)
Or
Mention any three discretionary powers of the Indian President.
Ans. (1) The President is the head of the State, exercises only nominal powers:
(i)All governmental activities take place in the name of the President while the real executive power is exercised by the Council of
Ministers.
(ii) The President is bound to act on the aid and advice of the Council of Ministers.
(2) The President exercises certain powers on his discretion: When no party or coalition gets a majority in the Lok Sabha, the President
exercises her discretion.
(i) The President appoints a leader who in her opinion can muster majority support in the Lok Sabha.
(ii) The President can ask the newly appointed Prime Minister to prove majority support in the Lok Sabha within a specified time.
(iii) He can send messages to the Parliament and can ask the Council of Ministers to consider the advice tendered to him.
4. What is the Council of Ministers? How the Council of Ministers is appointed?
Or
Who does appoint the Council of Ministers and who can be included in it?
Ans. (1) Council of Ministers are those ministers who are appointed by the President of India on advice of the Prime Minister. Council of
Ministers are categorized into three main categories.
1- Cabinet Ministers- They act as head of important ministries of the central government. For e.g- Defense Ministry, Home Ministry,
Finance Ministry etc. They are the integral part of Cabinet, as a result of which, they play a very important role in framing policies.
2- Ministers of state- They can be given Independent charge of ministries or can be attached to the cabinet ministers. The difference
from the cabinet ministers lie in the fact that, they do not attend the cabinet meetings as they are not the part of cabinet (unless
specially invited when something related to their ministry is being considered by the cabinet)
3- Deputy Ministers- They are never given independent charge of ministry( unlike ministers of state), and always remain attached to the
cabinet ministers or ministers of state. They assist to discharge the political, administrative and parliamentary duties effectively. They
are neither part of cabinet nor attend the cabinet meetings.
(2) (i) The President appoints the leader of the majority party or the coalition of parties that commands a majority in the Lok Sabha as
the Prime Minister.
(ii) The President appoints other ministers on the advice of the Prime Minister.
(iii) The ministers are usually from the party or the coalition that has the majority in the Lok Sabha.
5. Who are the Ministers of State? Write any two functions of them.
Ans. (1) The Ministers of State are part of the Council of Ministers headed by the Prime Minister. The Ministers of State are attached to
and required to assist the Cabinet Ministers. The Ministers of State with independent charge are usually in-charge of smaller Ministries.
(2) The functions performed by the Ministers of State are:
(i) They participate in the Cabinet meetings only when specially invited.
(ii) Most of the important bills and resolution are introduced in the parliament by the Ministers of the state as part of the Council of
Ministers.
6. Give any three functions of the government.
Ans. Following are the functions of the government:
(1) Government is responsible for ensuring security to its citizens and also the security of the boundaries of the nation.
(2) The government has to provide basic facilities like food, health, education, house, etc. to all.
(3) The government meets all its expenditures from within the country. For this, it collects tax and spends the money thus raised on
administration, defence and development programmes.
(4) It formulates and implements several welfare schemes. For this, there are some persons to make decisions and some others to
implement these decisions.
(5) The government has to make new laws and modify or remove existing laws as per the need of the society.
7. Distinguish between political executives and permanent executives. Who more important? Why?
Or
Name two types of executives and define them.
Ans. Following are the differences between political executives and permanent executives:
(1)(i) In a democratic country, the executives elected by the people (voters) for a specific period are called political executives.
(ii) The executives appointed on a long term basis are called permanent executives.
(2) (i) Political leaders who take big decisions are examples of political executives.
(ii) Civil servants are examples of permanent executives.
(3) (i) Political executives are answerable to the people.
(ii) Permanent executives are answerable to the government.
(4) (i) All the policy decisions are taken by the political executives.
(ii) Permanent executives work under political executives and assist them in carrying out the day-to-day administration.
(5) (i) Political executives work till the House is dissolved or their five-year term is over.
(ii) Permanent executives remain in the office even if the government changes.
8. Why does the political executive have more powers than the permanent executive?
Or
Why should political executive have more power than that of the permanent one? Explain.
Ans. (1) Political executives are elected by the people. Therefore, they are more empowered.
(2) Unlike permanent executives, political executives are answerable to the people.
(3) Permanent executives work under the political executives and assist them in carrying out the day-to-day administration.
(4) All the policy decisions are taken by the political executives. Permanent executives implement them.
(5) Permanent executives are the experts in their fields but political executives have to see the welfare of all.
(6) In any organisation, those who understand the overall picture, take the most important decisions and not the expert. In a
democracy, political executives perform this role.
9. Explain the composition of the Council of Ministers.
Or
Describe the three categories of Ministers which constitute the Council of Ministers.
Or
What is meant by the Council of Ministers? In what way are the Cabinet Ministers different from other ministers?
Or
Discuss the Council of Ministers as mentioned in the Indian Constitution.
Ans. (1) The Council of Ministers is the team of ministers that run the government under the leadership of the Prime Minister.
(2) It comprises three categories of ministers as follows:
(i) The Cabinet Ministers: (a) They constitute the inner ring of the Council of Ministers.
(b) These are the top-level leaders of the ruling party/parties who are in charge of the important ministries.
(c) They usually meet to take decisions in the name of the Council of Ministers.
(ii) The Minister of State with Independent Charge: (a) They are usually in charge of smaller ministries.
(b) They participate in the cabinet meetings only when invited.
(iii) The Minister of State: They are attached to and are required to assist the cabinet ministers.
10. Mention any three powers of the Prime Minister of India.
Or
Describe five main functions of the Prime Minister.
Or
“The Prime Minister is the head of the government.” Justify the statement.
Or
Describe the powers and functions of the Prime Minister of India.
Ans. (1) Position of the Prime Minister in the Government: Prime Minister is the most important political figure of the country. He is the
head of the government. All the important decisions regarding the country are taken by him. He is the real executive head.
(2) Powers and functions of the Prime Minister of India:
(i) He is the leader of the nation.
(ii) All ministers work under his leadership.
(iii) He chairs the Cabinet meetings and co-ordinates the work of different ministerial departments.
(iv) He exercises general supervision of different ministries.
(v) He allocates departments to the ministers.
(vi) He acts as a link between the President and the Cabinet.
(vii) He has the power to dismiss ministers.
(viii) His decisions are final in case of disagreement between the departments.
(ix) When Prime Minister quits, the entire ministry quits.
11. What is the coalition government? Why the Prime Minister of a coalition government cannot take decisions as he likes?
Or
How has the rise of coalition politics imposed certain constraints on the power of the Prime Minister? Explain.
Or
Write any three constraints on the powers of the Prime Minister of a coalition government.
Or
What is a coalition government? Mention any two limitations of a coalition government.
Ans. (1) Coalition Government: After election results, when there is no single party which enjoys the majority support of the members in
the legislature, two or more parties come together to form and run the government. Such a government is called coalition government.
(2) Following are the limitations of a coalition government:
(i) The Prime Minister has to accommodate different groups and factions in his party as well as his affiance partners.
(ii) He also has to pay heed to the views and positions of coalition partners and other parties, on whose support the survival of the
government depends.
(iii) The agenda and the policies of the government are usually decided as common minimum programmes. This includes only those
policies which are common to all coalition partners.
12. Describe the emergency powers of the President of India.
Ans. Under the provisions, as given in the Constitution, the President of India can declare the following types of emergency under three
different conditions:
(1)National Emergency: (i) This emergency is declared in the case of external or internal aggression.
(ii) For example, during the Indo-Pak war, an emergency was declared. Similarly, during the reign of PM Indira Gandhi, national
emergency was declared in the decade of 1970s.
(2) State Emergency: (i) This emergency is declared in case of constitutional breakdown and disrupted law and order situation in the
states.
(ii) For example, recently emergency was declared in the state of Jharkhand and President’s rule was initiated there.
(3) Financial Emergency: (i) This emergency is declared in case of any financial crisis or deadlock. (ii) In India, no such emergency has
been declared so far.
(4) During a national emergency, some of the fundamental rights of the citizen are seized for a time being.
13. Who are Cabinet Ministers? Why parliamentary democracy in most countries is oft known as the cabinet form of government?
Or
Why our parliamentary government is also known as the cabinet form of government? Give any three reasons.
Or
Give reasons to explain why parliamentary democracy in most countries is often known as the cabinet form of government.
Ans. (1) Cabinet Ministers are usually top-level leaders of the ruling party or parties who are in charge of major ministries. Usually, the
Cabinet Ministers meet to take decisions in the mine of the Council of Ministers. Cabinet thus is the inner ring of the Council of
Ministers. It comprises of about 20 ministries.
(2) (i) Since it is not practical for all ministers to meet regularly and discuss everything, the decisions are taken in the Cabinet meeting.
That is why parliamentary democracy in most countries is often known as the Cabinet form the government.
(ii) The Cabinet works as a team. The ministries may have different views and opinion, but everyone has to own up to every decision of
the Cabinet.
(iii) No minister can openly criticise any decision of the government, even if it is about other ministry or department.
(iv) Every ministry has secretaries, who are civil servants. The secretaries provide the necessary background information to the
ministers to take decisions. The Cabinet as a team is assisted by the Cabinet Secretariat.
14. State five powers of the President of India.
Or
Explain the powers and functions of the President of India.
Ans. Following are the powers and functions of President:
(1) Executive Powers: (i) All major appointments are made in the name of President. These include the appointment of Chief Justice of
India, Judges of the Supreme Court and the High Courts of the states, the Governors of the states, the Election Commissioners,
Ambassadors to other countries, etc.
(ii) All international treaties are made in the name of the President.
(iii) The President is the Supreme Commander of the defence forces of India.
(2) Legislative Powers: (i) A bill passed by the Parliament becomes a law only after the President gives assent to it.
(ii) The President also has the power to pass an ordinance when Parliament is not in session.
(3) Judicial Powers: The President has the power to grant pardon to a person who has been granted the punishment of hanging to
death by the Supreme Court.
(4) Emergency Powers: (i) In case of financial emergency, the President has the power to cut down the salaries of high officials.
(ii) The President has the power to declare the war.
(iii) In case the government in a state or in the country is unable to govern properly, the President can declare emergency on the advice
of the Governor of the concerned state.
1. Which three types of disputes can be filed in the Supreme Court?
Ans. (1) India has an integrated judiciary. It means the Supreme Court controls the judicial administration in the country. Its decisions
are binding on all other courts of the country. It can take up any dispute between citizens of the country; between citizens and
government; between two or more state governments; and between governments at the union and state level.
(2) It is the highest court of appeal in civil and criminal cases. It can hear appeals against the decisions of the High Courts.
(3) The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights.
(i) In recent years the Courts have given several judgments and directives to protect the public interest and human rights.
(ii)Anyone can approach the courts if public interest is hurt by the actions of the government. This is called Public Interest Litigation
(PIL). The courts intervene to prevent the misuse of the government’s power to make decisions.
(iii) They check malpractices on the part of public officials. That is why the judiciary enjoys a high level of confidence among the people.
2. ‘The Supreme Court is the final interpreter and guardian of the Constitution.” Analyse the statement.
Ans. (1) The Supreme Court and the High Courts have the power to interpret the Constitution of the country
(2) They can declare invalid any law of the legislature or the actions of the executive’ whether at the Union level or at the state level if
they find such law or action against the Constitution.
(3) Thus, they can determine the constitutional validity of any legislation or action of the executive in the country, when it is challenged
before them. This is known as the judicial review
(4) The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the
Parliament.
3. How is Indian judiciary unified? Explain.
Ans. (1) All the courts at different levels in a country put together are called the judiciary.
(2) The Indian judiciary consists of a Supreme Court for the entire nation, the High Courts in the states, District Courts and the Courts
at the local level.
(3) It means the Supreme Court controls the judicial administration in the country. Its decisions are binding on all other courts of the
country
(4) It is the highest court of appeal in civil and criminal cases. It can hear appeals against the decisions of the High Courts.
(5) The judges of the Supreme Court and the High Courts are appointed by the President on the advice of the Prime Minister and in
consultation with the Chief Justice of the Supreme Court.
4. Why is the Indian judiciary considered one of the most powerful in the world? Give any three reasons.
Or
Describe the powers of the Supreme Court.
Ans. (1) The Supreme Court and the High Courts have the power to interpret the Constitution of the country. They can declare invalid
any law of the legislature or the actions of the executive, whether at the union level or at the state level if they find such law or action
against the Constitution.
(2) It determines the constitutional validity of any legislation or action of the executive in the country
(3) The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights.
(4) The courts intervene to prevent the misuse of the government’s power to make decisions.
(5) They check malpractices on the part of public officials. That is why the judiciary enjoys a high level of confidence among the people.
5. What is meant by judicial review? Who has the power to interpret the Constitution of India?
Or
“Judicial review is one of the major roles played by the judiciary” Support the statement.
Ans. (1) The judicial review refers to the power of the judiciary to declare invalid any law of the legislature or the actions of the
executive, whether at the Union level or at the state level if they find such law or action against the Constitution.
(2) Judiciary can determine the constitutional validity of any legislation or action of the executive in the country when it is challenged
before them.
(3) The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the
Parliament.
(4) The Supreme Court and the High Courts have the power to interpret the Constitution of the country and have the power of judicial
review.
6. Describe the procedure involved in the appointment and removal of the judges of the Supreme Court of India.
Ans. (1) The Supreme Court of India consists of Chief Justice and other judges determined by the parliament from time to time.
(2) The President appoints the Chief Justice of the Supreme Court in consultation With senior judges of the Supreme Court and the
High Court as he may deem necessary.
(3) The senior most judge of the Supreme Court is usually appointed as the Chief Justice.
(4) The judges of the Supreme Court are appointed by the President on the advice of the Council of Ministers and in consultation with
the Chief Justice of the Supreme Court.
(5) A judge can be removed only by an impeachment motion passed separately by two-thirds members of the two Houses of the
Parliament on the grounds of proved misbehaviour and incapacity.
7. Why is an independent judiciary considered essential for democracies? EoixIst a three functions of the ‘Supreme Court’ of India.
Or
“Independent judiciary is essential to democracy.” Support the statement with three arguments.
Ans. (1) It determines the constitutional validity of any legislation or action of the executive in the country.
(2) The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights.
(3) The courts intervene to prevent the misuse of the government’s power to make decisions. They check malpractices on the part of
public officials and enjoys a high level of confidence among the people.
8. What do you mean by independence of the judiciary? How far is it correct to say that Indian judiciary is independent? Give any three
arguments to support your answer.
Or
How can we say that Judiciary in India is independent? Give any three reasons.
Ans. (1) Independence of the judiciary means that it is not under the control of the legislature or the executive.
(2) India has an independent and powerful judiciary. Following arguments can be put forward in favour of its independence:
(i) It is free from any intervention from an executive or legislature.
(ii) In practice, the new judges of the Supreme Court and the High Courts are selected by the senior judges of the Supreme Court.
There is very little scope for interference by the political executive.
(iii) Once a person is appointed as judge of the Supreme Court or the High Court he/she is assured security of service and cannot be
removed from his/her office before the expiry of his/her term except on the grounds of proved misbehaviour or incapability.
(iv) The powers that judiciary enjoys are also evident of its independence. It can declare invalid any law of the legislature or the actions
of the executive, whether at the Union level or at state level, if they find such a law or action against the Constitution.
(v) The judiciary has the power to prevent the misuse of the government’s power to make decisions. It checks malpractices on the part
of public officials.
9. How is the judicial system organized in India? Mention its major functions.
Or
Explain the role of the judiciary in India.
Or
Explain the powers and functions of the judiciary?
Ans. (1) (i) The Indian judicial system has basically a three-tier structure — the Supreme court, the High Courts and the District Courts.
In addition to this, the SDM courts etc. also function at the local level.
(ii) The Supreme Court has its jurisdiction all over the Indian territory. The High Courts have their jurisdictions in the respective states.
Each district of the country has a District Court.
(2) Following are the major functions of the Indian judicial system :
(i) It resolves the dispute between citizens of the country
(ii) It looks into the disputed issues between citizen and government.
(iii) It resolves the dispute between two or more state governments.
(iv) It looks into the matter of dispute between the governments at the union and state levels.
10. Describe the powers and the functions of the judiciary in India.
Ans. Powers of judiciary in India are as follow:
(1) The Supreme Court and High courts have the power to interpret the Constitution of the country.
(2) They can declare invalid any law of the legislature, whether at the union level or state level if they find that such a law or action
against the Constitution.
(3) Thus, they can determine the constitutional validity of any legislation or action of the executive in the country, when it is challenged
before them. This is known as judicial review.
(4) The powers and the independence of the Indian judiciary allow it to act as the guardian of the Fundamental Rights.
(5) They check malpractices on the part of the public officials. That is; why the Judiciary enjoys a high level of confidence among the
people.