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Java 30 Question Asnwer

The document outlines the meaning of constitutional law and constitutionalism, highlighting the structure and principles governing a state. It differentiates between the two concepts, explains the primary attributes of the Indian Constitution, and discusses constitutional provisions for women and children. Additionally, it covers the importance of historical events like the 1857 Sepoy Mutiny, key legislative acts, and fundamental rights enshrined in the Constitution.

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0% found this document useful (0 votes)
37 views18 pages

Java 30 Question Asnwer

The document outlines the meaning of constitutional law and constitutionalism, highlighting the structure and principles governing a state. It differentiates between the two concepts, explains the primary attributes of the Indian Constitution, and discusses constitutional provisions for women and children. Additionally, it covers the importance of historical events like the 1857 Sepoy Mutiny, key legislative acts, and fundamental rights enshrined in the Constitution.

Uploaded by

xbu029
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Q-1.

Explain meaning of the constitution law and constitutionalism

1. Meaning of Constitution Law and Constitutionalism

• Constitution Law:

o Refers to the body of law that defines the structure, functions, and limits of
government institutions.

o It includes rules and principles that govern a country or an organization.

o Examples include the written document of the Constitution and its amendments.

• Constitutionalism:

o Refers to the practice and process of establishing and adhering to the principles of
the Constitution.

o It involves the limitation of government powers and the protection of fundamental


rights.

o It emphasizes the rule of law and accountability of government institutions.

Q-2 2. Differentiate between constitution law and constitutionalism.

2. Difference Between Constitution Law and Constitutionalism

Aspect Constitution Law Constitutionalism

Definition The set of laws and principles The practice of enforcing and adhering to
forming the Constitution. constitutional principles.

Focus Legal rules and frameworks. Implementation and adherence to these


frameworks.

Nature Static (written document). Dynamic (application of constitutional


principles).

Purpose Defines government structure and Ensures government operates within limits
powers. and protects rights.

Examples Constitution of India, amendments. Judicial review, separation of powers.

Q-33. Identify and outline the primary attributes of the Indian Constitution

3. Primary Attributes of the Indian Constitution

1. Written Constitution: Detailed and codified document.

2. Federal Structure: Division of powers between central and state governments.

3. Parliamentary System: Dual executive system with a Prime Minister and President.

4. Fundamental Rights: Guaranteed basic rights to citizens.

5. Directive Principles: Guidelines for the state to ensure social and economic democracy.
6. Secularism: No state religion; equal respect for all religions.

7. Independent Judiciary: Ensures rule of law and checks on the executive and legislative
branches.

8. Universal Adult Suffrage: Right to vote for all adults without discrimination.

Q-4 4. Briefly discuss the Constitutional Provisions provided to Women and Children in India

4. Constitutional Provisions for Women and Children in India

• For Women:

o Article 14: Equality before law.

o Article 15(3): State can make special provisions for women.

o Article 39(d): Equal pay for equal work for both men and women.

o Article 42: Provision for just and humane conditions of work and maternity relief.

o Article 243D(3): Reservation of seats in Panchayats and Municipalities.

• For Children:

o Article 21A: Right to free and compulsory education for children aged 6 to 14 years.

o Article 24: Prohibition of child labor in factories.

o Article 39(e) & (f): Protection of children’s health and opportunities for
development.

o Article 45: Provision for early childhood care and education.

Q-5. Define Constitution. Discuss types of Constitution

Definition of Constitution:

• A constitution is a set of fundamental principles or established precedents according to


which a state or other organization is governed. It defines the structure, powers, and
functions of government institutions and sets out the rights and duties of citizens.

Types of Constitution:

Type Description

Written A formal document that defines the structure of government and its relationship
with the people. Example: Indian Constitution.

Unwritten Based on conventions, customs, and traditions that have evolved over time.
Example: The UK Constitution.

Flexible Can be amended or changed easily through ordinary legislative processes. Example:
The UK Constitution.

Rigid Requires a special procedure to amend, usually more difficult than passing ordinary
laws. Example: The US Constitution.
Unitary Provides for a single central authority. Example: The UK Constitution.

Federal Divides power between a central government and various constituent units (states or
provinces). Example: The US Constitution, Indian Constitution

Q-6 Define the meaning of important key words from Preamble of The Indian Constitution

(i) Sovereign (ii) Socialist (iii) Secular (iv) Democratic

1. Sovereign

Meaning:

• "Sovereign" means that India is an independent and supreme authority. It is not subject to
any external control or authority. India is free to make its own laws, policies, and decisions
without interference from any foreign power.

Implication:

• As a sovereign state, India can enter into agreements, form international relations, and
conduct internal affairs independently. Sovereignty also implies that the Indian government
is the highest authority within the country and is not controlled by any external entity.

2. Socialist

Meaning:

• "Socialist" refers to the incorporation of the principles of social and economic equality within
the governance of India. This means that the state is committed to reducing inequality and
ensuring that wealth and resources are distributed more equitably among all citizens.

Implication:

• The government is expected to work towards minimizing wealth disparities and providing
equal opportunities to all, promoting the welfare of the community. It aims to achieve this
through measures like land reforms, social justice, and public ownership of certain key
sectors.

3. Secular

Meaning:

• "Secular" means that the state has no official religion and treats all religions equally. The
government does not favor or discriminate against any religion and provides equal rights
and protection to all religious groups.

Implication:

• India guarantees freedom of religion to all its citizens and ensures that religion is a personal
matter. The state does not interfere with religious beliefs and practices, provided they do
not violate public order, morality, or health. This principle promotes religious harmony and
coexistence among diverse religious communities.

4. Democratic
Meaning:

• "Democratic" indicates that India follows a system of government where power is vested in
the hands of the people. It means that the government is elected by the people, for the
people, and from among the people.

Implication:

• In a democratic setup, citizens have the right to vote and choose their representatives
through free and fair elections. It also means that the government is accountable to the
people and that there is a commitment to upholding individual rights, rule of law, and the
protection of civil liberties.

Q-7. what is the importance of 1857 sepoy mutiny revolt for making Indian constitution

Trigger for Change: The 1857 Sepoy Mutiny was a major uprising against British rule and
highlighted widespread discontent.

End of Company Rule: Led to the dissolution of the British East India Company’s rule and the
beginning of direct control by the British Crown.

Constitutional Development: Sparked early discussions about governance, rights, and


representation that would influence later constitutional reforms.

Awareness and Unity: Increased awareness among Indians about the need for self-governance and
unity among diverse groups to challenge colonial rule.

Foundation for Reforms: Set the stage for future constitutional developments and reforms, leading
up to the eventual demand for independence and a democratic constitution.

Q-8. . Discuss 1) The Government of India Act, 1919.

Background: The Government of India Act of 1919, also known as the Montagu-Chelmsford
Reforms, was an act of the British Parliament that aimed to gradually introduce self-governing
institutions in India.

Key Provisions:

• Diarchy in Provinces: Introduced a dual governance system (Diarchy) in provincial


governments, dividing powers between elected Indian ministers and appointed British
officials.

• Bicameral Legislature: Established a bicameral legislature at the center, comprising the


Council of State and the Legislative Assembly.

• Increased Indian Participation: Expanded the involvement of Indians in the administration,


with more representation in the legislative councils.

• Limitations: Retained significant power with the British Viceroy and Governors, leading to
continued control over key areas like finance, law, and order.

Significance:
• Marked a step towards self-governance, but was seen as insufficient by Indian leaders and
led to increased demands for full independence.

• Served as a precursor to the more comprehensive Government of India Act of 1935, which
further advanced self-rule.

Q-9. Briefly discuss the important features of Indian Constitution

Length and Detail: The Indian Constitution is the longest written constitution in the world, with
448 articles, 12 schedules, and numerous amendments.

Sovereign, Socialist, Secular, Democratic Republic: India is an independent state, promotes social
equity, has no state religion, practices democracy, and elects representatives.

Parliamentary System: Adopts a parliamentary system of government, with a clear separation of


powers between the Executive, Legislature, and Judiciary.

Federal Structure with Unitary Features: Federal structure with a strong central government.
States have powers, but the center has overriding authority in certain areas.

Fundamental Rights: Guarantees fundamental rights to all citizens, protecting individual liberties
and promoting equality.

Directive Principles of State Policy: Provides guidelines to the state for creating a just society and
welfare state.

Independent Judiciary: An independent judiciary with the power of judicial review to protect the
constitution and citizens' rights.

Single Citizenship: Only one citizenship for all Indians, promoting unity and integration.

Secularism: The state treats all religions equally and does not endorse any religion.

Flexible and Rigid: The Constitution can be amended; some parts require a simple majority, while
others need a special majority and ratification by states.

Universal Adult Franchise: Grants the right to vote to every citizen above the age of 18 without
discrimination.

Q-10. Explain characteristics of the Constitution of India

Comprehensive Document:
The Indian Constitution is one of the most detailed constitutions in the world. It provides a thorough
framework for the functioning of the government, covering all aspects of governance, rights of
citizens, duties of the government, and judicial processes.

Blend of Rigidity and Flexibility:


The Constitution is a mix of rigid and flexible elements. Certain provisions can only be amended by a
special procedure involving a two-thirds majority in Parliament and sometimes ratification by at
least half of the states. Other provisions can be amended more easily, allowing for adaptability over
time.
Federal System with a Unitary Bias:
India adopts a federal structure where powers are divided between the central and state
governments. However, it also has a unitary bias, meaning that the central government has more
power, especially in matters of national importance and emergencies.

Parliamentary Democracy:
India follows a parliamentary system of government, where the President is the ceremonial head of
state, and the Prime Minister is the head of government. The executive branch (the government) is
accountable to the legislature (Parliament), ensuring a democratic process.

Secular State:
The Constitution establishes India as a secular state, meaning there is no official state religion. It
ensures equal respect for all religions and provides every citizen the right to freely practice, profess,
and propagate any religion.

Fundamental Rights and Duties:


The Constitution guarantees fundamental rights to all citizens, such as the right to equality, freedom
of speech, and protection against discrimination. It also outlines fundamental duties for citizens,
promoting a sense of responsibility and harmony within society.

Directive Principles of State Policy:


These are guidelines for the government to ensure social and economic justice. While not
enforceable by law, they aim to create a welfare state by promoting policies that improve the well-
being of all citizens.

Judicial Independence:
The judiciary is independent of the executive and legislative branches, ensuring impartial justice.
The courts have the power of judicial review, allowing them to invalidate laws or actions by the
government that violate the Constitution.

Single Citizenship:
The Constitution provides for a single citizenship for all Indians, regardless of the state in which they
reside. This promotes a sense of unity and national identity, emphasizing equality among all citizens.

Special Provisions for Minorities:


The Constitution includes specific provisions to protect the rights of minorities, including linguistic
and religious minorities. These provisions ensure that minorities have the right to preserve their
culture, language, and religion, promoting inclusive and diverse governance.

Q-11. Explain the fundamental right to freedom along with the reasonable restrictions laid on it.
(article 19-22)

Fundamental Right to Freedom (Articles 19-22):

• Article 19: Provides six freedoms to citizens:

1. Freedom of Speech and Expression: Right to express opinions freely.

2. Freedom to Assemble Peacefully: Right to gather without arms.

3. Freedom to Form Associations or Unions: Right to form groups and associations.


4. Freedom to Move Freely throughout India: Right to travel and reside anywhere in
India.

5. Freedom to Reside and Settle in Any Part of India: Right to live anywhere in India.

6. Freedom to Practice Any Profession or Business: Right to choose one’s occupation.

• Reasonable Restrictions: Imposed in the interest of sovereignty and integrity of India,


security of the state, public order, decency or morality, or in relation to contempt of court,
defamation, and incitement to an offense.

• Article 20: Protection in respect of conviction for offenses:

1. No Ex-post Facto Law: Cannot be punished under a law that was not in existence at
the time of the offense.

2. No Double Jeopardy: Cannot be prosecuted or punished for the same offense more
than once.

3. No Self-incrimination: Cannot be compelled to testify against oneself.

• Article 21: Protection of life and personal liberty:

o No person shall be deprived of their life or personal liberty except according to the
procedure established by law.

• Article 22: Protection against arrest and detention:

0. Right to be Informed: Right to be informed of grounds of arrest.

1. Right to Legal Counsel: Right to consult and be defended by a legal practitioner.

2. Right to be Produced Before Magistrate: Must be produced before a magistrate


within 24 hours of arrest.

3. Protection Against Detention: No detention beyond 24 hours without magistrate's


authorization.

Q-12. Write a note on right against Exploitation

Article 23: Prohibits human trafficking, begar (forced labor), and other forms of forced labor.

• Any form of exploitation is prohibited, and the state can impose penalties for contravening
this right.

• Exceptions are made for compulsory services for public purposes (such as military or social
work), provided it does not discriminate based on religion, race, caste, or class.

Article 24: Prohibits employment of children below 14 years in factories, mines, or any other
hazardous employment.

• Aimed at preventing child labor and protecting children from exploitation and hazardous
conditions.

• It is part of the broader efforts to ensure the welfare of children and promote their
education and development.
Q-13 Explain right to freedom of religion (25-28)

The Right to Freedom of Religion is enshrined in Articles 25 to 28 of the Indian Constitution. These
articles guarantee all citizens the freedom to follow, practice, and propagate their religion without
discrimination. This right is fundamental to ensuring religious equality and secularism in India.

1. Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

o Every individual has the right to freely profess, practice, and propagate their religion.

o This right is subject to public order, morality, and health.

o The state can regulate or restrict any economic, financial, political, or other secular
activity associated with religious practice.

2. Article 26: Freedom to Manage Religious Affairs

o Every religious denomination or any section thereof has the right to:

▪ Establish and maintain institutions for religious and charitable purposes.

▪ Manage its own affairs in matters of religion.

▪ Own and acquire movable and immovable property.

▪ Administer such property according to the law.

3. Article 27: Freedom from Payment of Taxes for Promotion of Any Particular Religion

o No person shall be compelled to pay any taxes for the promotion or maintenance of
any particular religion or religious denomination.

4. Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain


Educational Institutions

o No religious instruction shall be provided in any educational institution wholly


maintained out of state funds.

o Institutions recognized or aided by the state cannot compel attendance at religious


instruction or worship.

Q-14 Explain right to equality with the help of articles 14-18 of The Constitution of India

The Right to Equality is a fundamental right provided by the Constitution of India under Articles 14
to 18. This right ensures that all individuals are treated equally before the law and are protected
from any discrimination.

1. Article 14: Equality Before the Law and Equal Protection of the Laws

o Ensures equality before the law and equal protection within the territory of India.

o Prohibits discrimination by the state against any person.


2. Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of
Birth

o The state shall not discriminate against any citizen on grounds only of religion, race,
caste, sex, place of birth, or any of them.

o Provides exceptions for special provisions for women, children, and socially or
educationally backward classes.

3. Article 16: Equality of Opportunity in Matters of Public Employment

o Guarantees equality of opportunity for all citizens in matters relating to employment


or appointment to any office under the state.

o Prohibits discrimination on grounds of religion, race, caste, sex, descent, place of


birth, or residence.

4. Article 17: Abolition of Untouchability

o Abolishes "untouchability" and forbids its practice in any form.

o The enforcement of any disability arising from untouchability shall be an offense


punishable by law.

5. Article 18: Abolition of Titles

o Prohibits the state from conferring any titles except for military and academic
distinctions.

o Prevents citizens of India from accepting titles from any foreign state.

Q-15 Write down Protection of Six Rights guarantee by Article 19 to all citizens

Article 19 of the Indian Constitution guarantees six fundamental freedoms to all citizens:

1. Freedom of Speech and Expression:

o Every citizen has the right to express their views and opinions freely through speech,
writing, and other forms of communication.

2. Freedom to Assemble Peaceably and Without Arms:

o Citizens have the right to gather peacefully without weapons for demonstrations,
protests, or any other peaceful assembly.

3. Freedom to Form Associations or Unions:

o Citizens can form associations, trade unions, and political parties to represent their
interests.

4. Freedom to Move Freely Throughout the Territory of India:

o Every citizen has the right to move freely across any state or region within India.

5. Freedom to Reside and Settle in Any Part of the Territory of India:


o Citizens can live and establish themselves in any state or region within India.

6. Freedom to Practice Any Profession, or to Carry on Any Occupation, Trade, or Business:

o Every citizen has the right to choose their occupation or business freely.

Q-16 Write down different rights as part of article 21 as per Menaka case judgement for
protection of life and personal liberty

Article 21 of the Indian Constitution states, "No person shall be deprived of his life or personal
liberty except according to the procedure established by law." The Menaka Gandhi vs. Union of
India (1978) case expanded the interpretation of Article 21, broadening the scope of "life" and
"personal liberty" to include various rights:

1. Right to Fair Procedure:

o Any procedure affecting personal liberty must be fair, just, and reasonable, not
arbitrary or oppressive.

2. Right to Privacy:

o Recognized as an integral part of the right to life and personal liberty, ensuring that
individuals have the right to privacy.

3. Right to Live with Dignity:

o The right to life includes living with dignity, ensuring basic necessities, and the
protection of human rights.

4. Right to Health and Medical Care:

o Includes the right to health, a safe environment, and access to medical care as part
of living a healthy life.

5. Right to Free Legal Aid:

o Ensures that free legal aid is provided to those who cannot afford legal
representation, to ensure fair legal proceedings.

6. Right against Custodial Violence:

o Protects individuals against torture and inhumane treatment by authorities while in


custody.

Q-17 How many Fundamental duties are incorporated in Indian constitution? Enlist them.

The Indian Constitution incorporates 11 Fundamental Duties for its citizens, listed in Article 51A
(Part IV-A). These were added by the 42nd and 86th Constitutional Amendments to promote a
sense of responsibility among citizens.

Fundamental Duties:

1. To abide by the Constitution and respect its ideals and institutions, the National Flag, and
the National Anthem.
2. To cherish and follow the noble ideals that inspired the national struggle for freedom.

3. To uphold and protect the sovereignty, unity, and integrity of India.

4. To defend the country and render national service when called upon to do so.

5. To promote harmony and the spirit of common brotherhood among all the people of India,
transcending religious, linguistic, and regional or sectional diversities; to renounce practices
derogatory to the dignity of women.

6. To value and preserve the rich heritage of the country's composite culture.

7. To protect and improve the natural environment, including forests, lakes, rivers, and wildlife,
and to have compassion for living creatures.

8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.

9. To safeguard public property and to abjure violence.

10. To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement.

11. To provide opportunities for education to children between the age of six and fourteen
years and ensure that they attend school (added by the 86th Amendment in 2002).

Q-18 What do you mean by directive principles of state policy? What is their importance?

Directive Principles of State Policy (DPSP) are guidelines or principles laid down in Part IV (Articles
36 to 51) of the Indian Constitution. They are meant to guide the state in formulating policies and
enacting laws. Although these principles are non-justiciable, meaning they are not enforceable by
any court, they are fundamental to the governance of the country.

Importance of Directive Principles of State Policy:

1. Social and Economic Justice: The DPSPs aim to create social and economic conditions under
which citizens can lead a good life. They focus on providing social and economic justice and
reducing inequalities.

2. Welfare State: DPSPs provide a framework for establishing a welfare state. They direct the
state to work towards the welfare of the people by providing adequate means of livelihood,
equal pay for equal work, and public assistance in cases of unemployment, old age, sickness,
etc.

3. Guiding Principles for Legislation: The DPSPs serve as guidelines for the central and state
governments to frame laws and policies. They guide the state in making laws that help
achieve social and economic goals.

4. Promote a Balanced Development: DPSPs ensure a balanced development of different


regions and people. They aim to eliminate inequalities in income, status, facilities, and
opportunities among individuals.

5. Foundation for Good Governance: They provide the basis for good governance by
promoting values like democracy, liberty, equality, and fraternity.
6. Moral Obligation: Although they are not legally enforceable, DPSPs serve as a moral
obligation for the government to implement these principles to ensure the well-being of
society.

Q-19 Explain the Gandhian Principles among the Directive Principles of State Policy

Gandhian Principles in the Directive Principles of State Policy are inspired by the ideals of Mahatma
Gandhi. These principles reflect the vision of rural development, social harmony, self-reliance, and
sustainable development.

Key Gandhian Principles among DPSPs:

1. Promotion of Cottage Industries (Article 43): The state shall promote cottage industries on
an individual or cooperative basis in rural areas to uplift the rural economy and provide
employment.

2. Promotion of Voluntary Formation of Cooperative Societies (Article 43B): The state shall
promote voluntary formation, autonomous functioning, and democratic control of
cooperative societies.

3. Organization of Village Panchayats (Article 40): The state shall take steps to organize village
panchayats and endow them with adequate powers to enable them to function as units of
self-government.

4. Promotion of Educational and Economic Interests of Weaker Sections (Article 46): The
state shall promote the educational and economic interests of Scheduled Castes, Scheduled
Tribes, and other weaker sections to protect them from social injustice and all forms of
exploitation.

5. Prohibition of the Consumption of Intoxicating Drinks and Drugs (Article 47): The state
shall endeavor to bring about the prohibition of intoxicating drinks and drugs harmful to
health, reflecting Gandhi's emphasis on a healthy lifestyle and moral integrity.

6. Improvement of Public Health and Prohibition of Cow Slaughter (Article 48): The state shall
take steps to improve public health and prohibit the slaughter of cows, calves, and other
milch and draught cattle.

Q-20 Define Federal system. Explain different features of it

A Federal System is a form of government where power is divided between a central authority and
various constituent units (like states or provinces). Each level of government has its own powers and
responsibilities, ensuring a balance of power.

Features of a Federal System:

1. Dual Government: A federal system establishes two levels of government - a central


government and state governments. Each has its own jurisdiction and autonomy in certain
areas defined by the constitution.
2. Written Constitution: A federal system is governed by a written constitution that outlines
the powers and responsibilities of each level of government, providing a legal framework to
prevent conflicts.

3. Division of Powers: The constitution clearly divides powers between the central and state
governments. It specifies areas of exclusive authority, concurrent authority, and shared
authority.

4. Supremacy of the Constitution: The constitution is the supreme law in a federal system. Any
law passed by the central or state governments must conform to the constitution.

5. Rigid Constitution: The constitution in a federal system is usually rigid, requiring a special
procedure for amendments. This rigidity ensures that neither the central nor state
governments can easily alter the balance of power.

6. Independent Judiciary: An independent judiciary interprets the constitution and resolves


disputes between the central and state governments. This maintains the balance of power
and ensures the federal structure is upheld.

7. Bicameral Legislature: Federal systems often have a bicameral legislature, with one house
representing the people and the other representing the states or provinces, ensuring
representation for both levels of government.

Q-21 Explain the distribution of financial power between the union and the state.

he distribution of financial powers between the Union and the State is outlined in the Indian
Constitution to ensure a balanced fiscal relationship.

Key Features of the Financial Distribution:

1. Union List: The central government has exclusive power to impose taxes on items listed in
the Union List, such as customs duties, income tax, and corporate tax.

2. State List: State governments have the authority to levy taxes on items in the State List,
including property tax, land revenue, excise duties on alcoholic liquors, and taxes on
agricultural income.

3. Concurrent List: Both the Union and the State governments can levy taxes on items in the
Concurrent List. However, in case of conflict, the Union law prevails.

4. Consolidated Funds: Both the Union and State governments maintain their Consolidated
Funds into which all revenues are credited and all expenditures are debited. No money can
be withdrawn from these funds without parliamentary or state legislative approval.

5. Finance Commission: The Constitution provides for a Finance Commission every five years
to recommend the distribution of revenues between the Union and States, ensuring an
equitable distribution of resources.

6. Grants-in-Aid: The Union government can provide grants-in-aid to the states to assist in
fulfilling their responsibilities, especially when they lack adequate resources.
7. Borrowing Powers: The Union and States can borrow money. The Union can borrow both
within and outside India, while states can only borrow domestically and with Union consent
in certain cases.

Q-22 Differentiate between Lok sabha (House of Representation) and Rajya Sabha

Feature Lok Sabha (House of the People) Rajya Sabha (Council of States)

Nature Lower House of Parliament Upper House of Parliament

Members Maximum of 552 members Maximum of 250 members (currently


(currently 543 elected members) 245 members)

Representation Represents the people of India Represents the states and union
directly territories

Method of Direct election by the citizens of Indirect election by the elected


Election India members of State Legislative
Assemblies

Term 5 years (unless dissolved earlier) Permanent body; one-third of


members retire every 2 years

Presiding Officer Speaker of the Lok Sabha Vice President of India (Chairperson
of Rajya Sabha)

Legislative More powerful in terms of money Can only make recommendations on


Powers bills and financial matters money bills

Control over Has more control; can pass a vote Less control; cannot dissolve the
Executive of no confidence to dissolve the government
government

Introduction of Can introduce all types of bills, Cannot introduce money bills; other
Bills including money bills bills can be introduced

Special Powers Can pass a motion of no confidence Can suggest amendments and review
against the government bills; protects states' interests

Membership Must be at least 25 years old and Must be at least 30 years old and an
Criteria an Indian citizen Indian citizen
Q-23 List the merits and demerits of Parliamentary system

Merits:

1. Responsiveness to Public Opinion:


The parliamentary system allows for frequent elections, making the government more
responsive to public opinion and demands.

2. Collective Responsibility:
The Prime Minister and the Council of Ministers are collectively responsible to the
Parliament, ensuring that executive decisions reflect legislative approval.

3. Flexibility:
The government can be restructured or changed without the need for a general election if
the majority in Parliament supports it.

4. Integration of Executive and Legislature:


The executive is drawn from the legislature, facilitating coordination and easier passage of
legislation.

5. Accountability:
The Prime Minister and the Cabinet must regularly face questions and scrutiny in Parliament,
ensuring accountability.

6. Stable Majority:
The system promotes stability as long as the ruling party or coalition maintains a majority in
the legislature.

Demerits:

1. Instability:
The system can lead to frequent changes in government if no party has a clear majority,
leading to unstable coalitions.

2. Minority Governments:
Minority governments or coalitions may face difficulties in passing legislation and could be
prone to instability and compromise.

3. Dominance of the Majority Party:


The majority party often dominates Parliament, which can lead to a lack of genuine debate
and oversight.

4. Interference in Executive Functions:


The executive's role can be overshadowed by the need to constantly appease the legislature,
potentially affecting effective governance.

5. Potential for Political Patronage:


There is a risk of political patronage and corruption due to the close link between the
executive and legislative branches.

6. Short-Term Focus:
Governments may focus on short-term gains to win elections rather than long-term policy
planning.
Q-24 . Write a note on Constitution (74th Amendment) Act, 1993. ( “The Panchayat”)

The Constitution (74th Amendment) Act, 1993 was enacted to enhance the role of local self-
government and decentralize powers to local bodies. This amendment focuses on urban areas and
is aimed at strengthening urban local governance.

Key Features:

1. Constitutional Status:
The Act grants constitutional status to Urban Local Bodies (ULBs) and integrates them into
the framework of the Indian Constitution.

2. Urban Local Bodies:


It provides for the establishment of Municipalities in urban areas. These are categorized into
Municipal Corporations, Municipalities, and Nagar Panchayats, based on the size and needs
of the urban area.

3. Elections and Composition:


The Act mandates regular elections to these bodies and specifies the composition and
structure of municipal bodies, including elected mayors and municipal councils.

4. Powers and Responsibilities:


The Act outlines the powers and responsibilities of urban local bodies, including urban
planning, sanitation, water supply, and public health.

5. State Finance Commission:


It requires the formation of a State Finance Commission to review the financial position of
urban local bodies and recommend the distribution of resources.

6. Granting of Powers:
The Act empowers municipalities to levy taxes, collect fees, and undertake various
development projects.

7. Administrative Structure:
It provides for the creation of a Municipal Commissioner or Chief Executive Officer to
oversee the administration and implementation of policies.

Q-25 . State the Emergency provisions provided in the Indian Constitution

The Indian Constitution provides for three types of emergency provisions:

1. National Emergency (Article 352-360):

o Grounds: Can be declared on the grounds of war, external aggression, or armed


rebellion.

o Effects: The central government can assume greater powers, and states' authority is
limited. Fundamental Rights can be suspended, except those under Article 20 and
21.

2. State Emergency (Article 356-357):


o Grounds: Declared when a state government is unable to function according to the
provisions of the Constitution.

o Effects: The President can dissolve the state government, and central government
rules the state through the Governor. Fundamental Rights can still be enforced.

3. Financial Emergency (Article 360):

o Grounds: Declared if the President believes that the financial stability or credit of
India is threatened.

o Effects: The central government can direct states to follow financial policies and can
reduce salaries of government employees, including judges.

Q-26 Define Decentralised

Decentralization refers to the distribution of decision-making authority, responsibilities, and


resources from a central authority to various levels of government or administrative units.

Q-27 Differentiate between municipalities and municipal corporation.

Aspect Municipality Municipal Corporation

Definition Local government for small urban Local government for larger urban areas.
areas.

Size Generally for smaller towns and Generally for large cities and metropolitan
cities. areas.

Structure Managed by a municipal council or Managed by a mayor and a municipal


board. corporation council.

Powers Limited to local administration and Greater powers and autonomy for urban
services. governance.

Revenue Limited revenue sources. More substantial revenue sources


including taxes.

Example A town with a population of around A city with a population over 1 million.
50,000.

Q-28. Enlist the Difference between Gram Panchayat and Gram Sabha

Aspect Gram Panchayat Gram Sabha

Definition Executive body for rural local Assembly of all adult residents in a
governance. village.

Composition Elected members from the village. All eligible voters of the village.
Role Implements decisions and manages Discusses and approves plans and
village affairs. schemes.

Function Day-to-day administration and Broad discussion and planning for


implementation. village development.

Authority Can make decisions on local issues and Has a more advisory role in decision-
development. making.

Q-29. Classify the role of Local Government.

Administrative Role: Managing local services and implementing government policies at the local
level.

Legislative Role: Enacting local laws and regulations.

Judicial Role: Handling local disputes and minor judicial matters.

Developmental Role: Planning and executing local development projects and programs.

Financial Role: Budgeting, collecting local taxes, and managing local funds

Q-30 What is local Self Government?

Local self-government refers to the system where local authorities, such as municipal bodies or
panchayats, have the autonomy to govern themselves and make decisions on local issues without
direct control from higher levels of government. It empowers local communities to manage their
own affairs and participate in decision-making processes that affect their daily lives.

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