AP Inter 2nd Year Civics Model Paper Set 2 with Solutions

Thoroughly analyzing AP Inter 2nd Year Civics Model Papers Set 2 with Solutions helps students identify their strengths and weaknesses.

AP Inter 2nd Year Civics Model Paper Set 2 with Solutions

Time : 3 Hours
Max Marks: 100

Section – A
3 x 10 = 30

Note :

• Answer any THREE of the following questions in 40 lines each.
• Each question carries 10 marks.

Question 1.
What is a constitution? Explain the Historical background of the Indian Constitution.
Answer:
The term Constitution implies a written document embodying the provisions relating to the powers and functions of the government organs, the rights of the people, and their relations with the government.

In simple, Powers and Functions of the state + Rights and Duties of the Citizens = Constitution
Historical Background of Indian Constitution: The constitution of India is the best constitution in the world.
‘It was formulated by Drafting Committee headed by Dr. BR. Ambedkar and approved by the Constituent Assembly Chaired by Dr. Rajendra Prasad.

Earlier the Leaders of Indian National Movement demanded several times for a separate constitution for Indians. They at first emphasized, during the second decade of the 20th century, that the British government shall grant self-rule or the right to formulate a constitution for Indians. It is in this context that leaders like Bala Gangadhara Tilak and Annie Besant launched the Home Rule movement. They requested the British government to apply the “right of self-determination”.

The Swaraj Party Leaders in 1922 made it clear that constitutional arrangements must be made for providing representation to Indians in Legislative Assembly. Later Motilal Nehru moved a resolution in the Central Legislative Assembly requesting the British government for convencing a Round fable Conference for formulating a constitution for Indians.

The Three Round Table conferences held in London in 1930, 1931, and 1932, and their recommendations led to the passage of Government of India Act, 1935. The Act provided for the introduction of Federal Polity and the establishment of provincial autonomy in the British India Provinces.

In the wake of the Second World War, the Congress Ministers in the provincial legislative councils proposed a resolution meant for recognizing India as an independent state and the power to make a constitution by the provincial legislative councils.

Viceroy Linlithgow through his August offer (1940) announced for the first time that Indians must Cooperate with Britain in the Second World War and the primary responsibility of making a constitution wholly vests with the Indians.

In 1942 Prime Minister Winston Churchill made efforts for resolving the Indian constitutional crisis by sending Stafford Cripps, a member of war cabinet to India for extensive discussions with Indian leaders.

The Cripps Mission (1942) was a failure. In this back drop, Indian National Congress under Gandhijis leadership adopted the famous “Quit India Revolution on 8th August 1942 for the immediate ending of British rule in India. After the Second World War, the Jabour party came to power in Britain under the leadership of element Attlee.

Then Viceroy Lord Wavell announced the latest policy of government in September 1945. The British Government despatched a three-member cabinet mission in February 1946 to India for making deliberations with Indian leaders on the issue of setting up of the Constituent Assembly and the provision of independence for Indians.

The Cabinet Mission made clear that elections will be held to the Constituent Assembly and citizens having franchises will elect the members. Except Muslim League all the parties in India have agreed broadly the suggestions of the above team. Lord Wavell formed on interior government with Jawaharlal Nehru as it’s head in 1946, with an increasing communal violence it seemed there is no alternative to partitioning of the sub-continent.

The Mount Batten plan (1947) provided for the partition of the country. The Indian Independence Act of 1947 provided for setting up of a dominion of India and a dominion of Pakistan. The Native states were given the choice of joining and becoming an integral part of either of the two dominions.

The vision and constructive statesmanship of Sardar Vallabhai Patel the deputy Prime Minister and Home Minister facilitated the peaceful merger of most of the Native states into the Indian union. Of course, the merger of Jammu and Kashmir, Junagadh, and Hyderabad states into the Indian Union provided to be a difficult task.

Question 2.
Explain the various types of Directive Principles of state policy mentioned in Indian Constitution.
Answer:
Directive principles of state policy are enumerated in articles from 36 to 51 in the past -IV of the Indian constitution. They are borrowed from the Irish constitution. They help in realizing the objectives mentioned in the preamble.

Types of Directive principles of state policy: Directive principles can be classified into three broad categories namely Socialistic, Liberal-intellectual, and Gandhian principles.
Article 36 defines the term “State”.
Article 37 declares that the directive principles shall not be enforceable by any court.

1. Socialist PrincipIes: ArticIs 38, 39, 41, 42, 43, and 47 explains about the socialistic ideology of the directive principles of state policy.
1. Article 38 prescribes that the state shall strive to provide justice and promote the welfare of the people by creating a proper economic, social, and political atmosphere.
2. Article 39 directs the state to secure its citizens.

• Adequate means of livelihood for all citizens.
• Equitable distribution of wealth for sub-serving the common good.
• Equal pay for equal work for all.
• Protection of adult and child labour.
• Decentralization of nation’s wealth.
• Preserving the health and strength of workers, men and women.
• Protecting childhood and youth against exploitation.

3. To secure right to work and education for all people, relief in the case of unemployment; old age; sickness and disablement, and in other cases of under-served want. (Article 41).

4. To make provision for just and human conditions of work and maternity relief (Article 42).
5. To secure living wage and decent standard of life so as to ensure to the worker’s sufficient leisure and enjoyment of social and cultural opportunities. (Article 43).
6. Raising the level of nutrition and standard of living of the people and the improvement of public health (Article 47).

2) Liberal-intellectual Principles: The principles represent the ideology of liberalism and certain objectives like the provision of basic education, uniform civil code, independent judiciary, and international peace.

They are incorporated in Articles 44, 45, 50, and 51 of the Constitution.

• The State shall secure for the citizen’s uniform civil code throughout the country (Article 44)
• The State shall provide free and compulsory education for all the children below 14 years of age. The Constitution (Eighty-Sixth Amendment) Act, 2002 substituted the following words in Article 45. The State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.” (Article 45)
• The state organizes agriculture and animal husbandry on modern and scientific lines (Article 48)
• The state protect monuments which are declared to be of national importance (Article 49)
• The state protects and improve the environment and to safeguard forests and wild life (Article 48 A)
• The State shall take steps to separate judiciary from executive in public services of the State. (Article 50)
• The State shall (a) promote international peace, justice and security. (b) Maintain just and honorable relations with other nations (c) protection of monuments and place of historical and cultural interest (d) respect for international
  laws and treaty obligations; and (e) encourage settlement of international dispute by arbitration. (Article 51)

3) Gandhian Principles: These principles are based on Gandhian ideology. They represent the programe of reconstruction enunciated by Mahatma Gandhi during the national movement. These principles provide ideal rule in India. They are reflected in Articles 40,43, 46 and 47.

They may be enumerated as under.

1. The State shall organize village Panchayats and endow them with adequate powers and authority so as to enable them to function as the units of self-government. (Article 40)
2. The State shall strive for the promotion of cottage industries on individual or cooperative basis in rural areas. (Article 43)
3. The State shall promote the educational and economic interests of the SCs, STs, and BCs of society with special care, (Article 46)
4. The State shall endeavour to bring about prohibition of intoxicating drinks and of drugs which are injurious to health (Article 47)

Other Principles: The Constitution (Forty Second and Forty-Fourth Amendment) Acts of 1976 and 1978 added a few more subjects to the list of Directive Principles. While the Constitution (Forty Second Amendment) Act inserted Articles 39A, 43A, and 48 A, the Constitution (Forty Fourth Amendment) Act included Article 39 Clause (2).

They comprise the following provisions.

1. Providing opportunities for healthy development of children.
2. Promotion of equal justice and legal aid to the poor.
3. Securing the participation of workers in the management of industries.
4. Protecting the environment, forests, and wild animals.

Question 3.
Discuss the Powers and Functions of the Prime Minister of India.
Answer:
The Prime Minister is the real executive head of the Union Government. He occupies an important position in the administration of our country. Since India has a Parliamentary form of Government the real power rests with him. He is the ‘uncrowned king’ and ‘the keystone of the Cabinet arch in the Union Government”.

Qualifications:

1. He should be the citizen of India.
2. He should have completed the age of 25 years.
3. He should be qualified for election as a member of the Lok Sabha.
4. He should not hold any office of profit under the union or state or local governments.

Appointment: The President appoints the Prime Minister. Generally, the President has to summon the leader of the majority party in the Lok Sabha to form the Ministry. If no party gets an absolute majority, the President can use his discretion and summon the leader of the party, who in his opinion can manage to form a ministry. Afterwards, the Prime Minister will be asked to prove his majority in the Lok Sabha.

Oath of Office: The President of India will administers the oath of office of the Prime Minister.

Term of Office: The Prime Minister shall remain in office during the pleasure of the President. But actually, he assumes his powers as long as he retains the confidence of the majority members in the Lok Sabha. He resigns when the Lok Sabha accepts a no confidence motion against his ministry.

Salary and Allowances: The aary and allowances of Prime Minister are decided by the Parliament from time to time. He gets his salary and allowances that are payable to a member of Parliament. At present the Prime Minister gets a salary and allowances of ₹ 1,60,000/- per month.

Powers and Functions: The Prime Minister is the head of the union government. He is the real executive. The Council of Ministers cannot exist without the Prime Minister. His powers are explained here under.

1. Leader of the Union Cabinet: The Prime Minister is the leader of the Union Cabinet and Union Council of Ministers. He selects some eminent members of his party in parliament and sees that they are appointed as ministers by the President. He has a free choice of both allocating portfolios and reshuffling the ministry All the ministers are personally and politically loyal to the Prime Minister. He decides the agenda of the cabinet meetings. Further, he presides over the cabinet meetings.

2. Leader of the Union Government: The Prime Minister acts as the leader of the union government. The union executive (Union Council of Ministers) initiates its business after the swearing-in ceremony of the Prime Minister. All the ministers in the union ministry assume their office, owe their position, and exercise their powers along with the Prime Minister. In fact, the Prime Minister influences the nature and working of the union government. He not only has a clear understanding but holds complete control over the affairs of the union government. All the high-level officers and the entire ministry in the union government behave and act according to the wishes of the Prime Minister.

3. Leader of the parliament: The Prime Minister acts the leader of the Parliament in India. He is primarily a member of Parliament. He extends co-operation to the presiding officers in the smooth conduct of the two Hoises. He wields complete control over his party members in the Parliament. He ensures that his party members maintain discipline during the sessions of the Parliament. He informs out the cabinet decisions to the Parliament. He communicates the major domestic and foreign policies of the union government to the members of Parliament. He maintains rapport with the opposition leaders and discusses the major issues confronted by the nation with them.

4. Link between the President and the Council of Ministers:
The Prime Minister acts as the main link between the President and the Union Council of Ministers. It is his duty to communicate to the President about the decisions of the Union Council of Ministers. He furnishes the every information required by the President concerning the affairs of union government. All the ministers shall formally meet the President only with the consent of the Prime Minister.

5. Leader of the Majority Party: The Prime Minister acts as the leader of the majority party or group in the lower House of Parliament. He participates in the meetings of the party and acquaints his party members on various issue and steps taken by his ministry in implementing the party promises. He utilizes the services of the senior party leaders in running the government. He acts as the main link between the part and the government.

6. Leader of the Nation: The Prime Minister is the leader of the nation. He takes initiative in finding solutions to several
problems in the internal matters of the country. He plays an important role in the development of the nation.

7. Maker of Foreign Policy: The Prime Minister plays a dominant role in shaping the foreign policy of the nation. He keeps in touch with the developments in all countries. He meets Heads of various countries and maintains friendly relations with them.

8. Chairman of NITI Aayog: the Prime Minister heads the NITI Aayog (National Institution for Transforming India) NITI
Aayog means policy commission. It is a policy think tank of the government of India that replaces planning commission which aims to involve the states in economic policy-making in India. It will provide strategic and technical advice to the central and state governments. It will have a governing council comprising Chief Ministers of all the states and it governors of Union Territories. Union government set up the NITI Aayog on January 1, 2015.

Question 4.
Describe the powers and functions of the Speaker.
Answer:
Articles 93 to 97 of the Indian Constitution deal with the office of the Speaker of the L.ok Sabha. The Speaker acts as head of the Lok Sabha, guardian of members and principal spokesman of the house. He enjoys Supreme Authority and power on the floor of the house.

Election: The members of the Lok Sabha elect the Speaker from among themselves. According to the Parliamentary convention the speaker is unanimously elected or chosen by the members on the request of the Prime Minister. A person elected as the speaker must be a member of the Lok Sabha.

Tenure: The speaker continues in office for five years. Though the Lok Sabha is dissolved the speaker continues in office until the new Lok Sabha eLects its speaker. (Article 94).

Removal: The speaker can be removed from office by a majority members, resolution, preceded by a 14-day prior notice to that effect.

Salary and allowances: At present, the speaker receives a monthly salary of ₹ 1,40,000. Besides he is provided with ent free accommodation, Medical, traveling and telephone facilities.

Powers and functions of the Speaker:

1. The speaker presides over the meetings of the L.ok Sabha. He conducts the meetings with dignity order and efficiency.
2. He allots time to the members to express their viws on the bills, conducts voting if necessary and announces the results.
3. He sends bills to the Rajya Sabha after they are approved by the Lok Sabha. On the receipt of the Bills from the Rajya Sabha, he certifies and sends them to the President of India for his consent.
4. He acts as the representative of the Lok Sabha. He sends messages and directives to the members on behalf of the Lok Sabha.
5. He takes steps for safeguarding the rights and privileges of the members and for upholding the respect of the house.
6. He has the privilege of determining whether a bill is money bill or not.
7. He accords permission to the members for introducing various bills in the house. He gives his signature on the bill approved by the house.
8. He is empowered to permit the members to move a No confidence motion against the government, postpone the meetings of the house and decide the Quorum in the house.
9. He constitutes various house committees and appoints their chairpersons.
10. He presides over the joint session of the Parliament.
11. He exercises his casting vote in case of a tie over a bill.
12. He conducts the election of the Deputy Speaker in case of a vacancy.

Question 5.
Explain the functions of Panchayat Raj Institutions in India.
Answer:
Rural Governments m India after Independence were set up on the recommendations of Baiwant Raj Mehta Committee (1957) Earlier the new constitution (1950) made a reference of these bodies in Article 40 of the Directive Principles of State Policy The Rural Local Governments or Panchayati Raj Institutions are known by several names such as democratic decentralized institutions, local self-government institutions, three-tier democratic bodies, grass root level democratic agencies etc. The word Panchayati Rai denotes the name of local self-governments in rural in India.

At present Panchayati Raj Institutions in India are constituted on the basis of the Constitution (Seventy-Third Amendment) Act, 1992. Normally all the states in India (excepting those whose population is less than 20 lakhs) provided three tier system in the rural areas. The nomenclature, however, could differ from state to state.

These relate to

1. Village Panchayats.
2. Panchayat Samithi (Mandai Parishads) and
3. Zila Parishads

1. Village Panchayat: Village (or) Gram Panchayat is the lowest tier in the Panchayat Raj System. Normally there will be a
village panchayat for a minimum population of 250. Composition of Gram Panchayat: Every Gram Panchayat comprises four organs, namely;

• Panchayat
• Sarpanch
• Panchayat Secretary and
• Gram Sabha.

Essential Functions: Essential functions have to be carried out by the Gram Panchayat without fail. These include the following items.

• Construction, repair, and maintenance of roads and other public places.
• Construction, repair, and maintenance of drainage canals.
• Construction and maintenance of burial grounds.
• Erection and maintenance of electric polls.
• Maintenance of birth and death registers.
• Conducting vaccinations for controlling rabbis and other contagious diseases.
• Provision of drinking water facilities.
• Construction, repair, and maintenance of footpaths, causeways, culverts, public parks, and playgrounds.
• Manufacture and sale of manures.
• Maintenance of cattle farms and so on.

Discretionary Functions: Gram Panchayat performs these functions subject to the availability of financial resources. These include the following.

• Construction and maintenance of rest houses.
• Construction and maintenance of primary schools, dispensaries, libraries, reading rooms, marketplaces etc.
• Establishment and maintenance of maternal and child welfare centers.
• Mobilizing voluntary labour for community development works.
• Publicising the modern methods of cultivation.
• implementation of land reforms and so on.

2. MandaI Parlshad: Mandal ”parishad is the intermediate tier in the Panchayat Raj System.
Composition: Every Mandai Parishad comprises four organs namely,

1. Mandal Parishad
2. Mandal Parishad President
3. Mandal Parishad Development Officer and
4. Mandal Mahasabha

Functions of Mandai Parishad: MandaI Parishad performs the following functions.

1. It takes steps for implementing various community development programmes.
2. It makes arrangements for providing amenities like dispensaries, drinking water, vaccination and non-choking gas stoves.
3. It implements several programmes like community educations communications, cooperation, cottage industries, women’s welfare, social welfare etc.
4. It takes steps for raising production in agricultural sector through the provision of superior quality seeds, manures, pesticides, latest technology etc.
5. It implements programmes for improving the health and strength of cattle by furnishing improved fodder, artificial insemination centers, cattle grazing etc.

3) Zilla Parishad: Zilla Parishad is the upper tier of the Panchayat Raj System. There will be a Zilla Parishad in every
district. Zilla Parishad is the superior local body at the district level and has the corporate status. It is known as Zilla Panchayat in Gujarat, Zilla Vikasparishat in Tamil Nadu and Mahakum Council in Assom, District Development Council in Karnataka.

Composition: Zilla Parishad comprises six organs, namely;

• Zilla Parishad
• Zila Parishad Chairman’
• Zila Mahasabha
• Chief Executive Officer
• Standing Committees and
• District Collector

Functions of Zilla Parishad: Zilla Parishad performs the following functions

1. It approves the annual budget of the Mandai Parishads in the District.
2. It allocates the grants sanctioned by the union and state governments among the Mandal Parishads.
3. It takes steps for implementing the directives of the union and state governments.
4. It acts as the supervising and coordinating agency of various programmes of Mandai Parishad in the district.
5. It conducts statistical surveys as per the guidelines of various union and state governments.
6. It maintains secondary schools in the district.
7. It renders advice to the union and state governments on financial matters of the Village Panchayats and Mandal Parishads.

Section – B
8 x 5 = 40

Note:

• Answer any EIGHT of the following questions in 20 lines each.
• Each question carries 5 marks.

Question 6.
Explain any three salient features of Indian Constitution.
Answer:
1. A combination of rigidity and flexibility: The constitution of India is a blend of rigidity and flexibility. Article 368 provides the details of the amendment procedure. Some of the provisions like Admission of New States (Ex: Telangana), provisions relating to citizenship, salaries, and allowances of the President, Vice president, Supreme Court, and High Court judges, etc., can be amended by simple majority. It is said to be flexible.

Some provisions can be amended by a special majority i.e., not less than two-thirds of the members of the House present and voting. Ex: Fundamental Rights, Directive principles of state policy etc. It is said to be half rigid and half flexible. Some provisions can be amended by two-thirds majority of the Parliament and with the concurrence of half of the states. Ex: Election of the President, Distribution of Legislative powers between the union and the states etc. It is said to be rigid.

2. Republican government: Unlike the colonial master, the U.K., India preferred a Republican government. Here all public
offices right from ward members to the top President of India are open to all eligible citizens and there is no place for hereditary principles.

3. Single citizenship: Our constitution provides for single citizenship for all persons who are born in India and who resided in India for a specific period. It enables the citizens to possess and enjoy identical rights and privileges. It also promotes unity, integrity, and fraternity among the people.

Question 7.
Explain any three Fundamental Rights of a citizen.
Answer:
1. Right to freedom of Religion: This right denotes the secular nature of Indian political system. It aims at transforming India into a secular state. Both the citizens and aliens of India enjoy this right. Article 25 empowers every persons to profess, practice, and propagate a religion of this liking.

Article 26 guarantees the following rights to every person.

• To establish and maintain religious and charitable institutions.
• To manage his their religious affairs.
• To own and acquire moveable and immovable properties and
• To maintain such properties in accordance with the provision of the law.

Article 27 prohibits the state to impose or collect taxes from individuals purely on religious grounds. It also prohibits the state to impose and collect taxes for the benefit and maintenance of any particular religion or religious denominations. Article 28 bans religious instructions in educational institutions wholly or partly maintained by the state funds.

2. Educational and Cultural Rights: Indian constitution provided several cultural and educational opportunities for Indian
citizens through this right. Article 29 enables every citizen to preserve and protect his own language and culture irrespective of one’s religion, language or region.

Article 30 prohibits special treatment to any citizen in the admission into educational institutions either wholly or partly funded by the state on the grounds of caste, religion, region, colour, language or sect. However, it allowed the minorities some special facilities for preserving and promoting their language and culture. The state can grant financial assistance to them in this regard.

3) Right to Constitutional Remedies: This right enables the individuals to approach a high court under Article 226 or the Supreme Court under Article 32 to get any of the fundamental rights restored in case of their violation. The Supreme Court and the state High courts issue various writs for the implementation of Fundamental Rights. Dr. Ambedkar described this right as the Heart and Soul of the Constitution.

Question 8.
How is the President of India elected?
Answer:
The President of India shall be elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament. State Legislative Assemblies and elected members of Delhi and Pondicheri. The election is held in accordance with the system of proportional representation by means of a single transferable vote system and secret ballot.

Each member of the Electoral College has one vote. But the value of the vote differed from State to State. The value of the vote of a Parliament member also differs from the value of the vote of a member of State Assembly.

The value of the vote of an M.LA is worked out as follows.
The total population of the State is divided by the total number of elected members of the Assembly. The quotient thus obtained is to be divided by 1,000. Fractions of half or more should be counted as one and added to the quotient. If it is less than half, it is ignored. This may be shown as follows.

1. Value of vote of an M.L.A. = Population of State/number of elected members of the Assembly/1,000.
2. Value of vote of M.P. = Total value of votes of all Assembly members/Total number of elected members of both Houses of Parliaments.

This method is followed to keep the election of the President above narrow political considerations.

Question 9.
Explain briefly about the stages of Law Making Procedure in Indian Parliament.
Answer:
Lawmaking is an important function of Indian Parliament. The Parliament has the power to pass all acts, A bill becomes an act after it receives the assent of the President. Every bill has to pass through different stages as described below.
1. First Reading: A bill may be introduced by any member of Parliament. One has to ask for the leave of the House to introduce a bill. The title of the bill is to be read out. If the bill is voted for it is deemed to have been read first time and is published in the Gazette of India.

2. Second Reading: The printed copies of the bill are distributed to all the members at this stage. It may be moved that the bill be referred to a select committee or that the bill be circulated for public opinion. There will be a general discussion on the main principles of the bill at this stage.

3. Committee Stage: If the House approves the principles, the bill is referred to and examined by the select committee. Then it is thoroughly discussed clause by clause.

4. Report Stage: The report of the committee with suggestions is presented to the House. If the House agrees to consider the bill as reported by the select committee the bill is taken up for clause-by clause discussions and members may move amendments.

5. Third Reading: The bill enters for the third reading. If it is approved by the House, only oral amendments are allowed at this stage. If the House accepts the bill it is deemed to have been passed by the House.

6. Consideration by the other House: When the bill is passed by the House, it is sent to the other House for consideration. The procedure in one House is repeated in the other House. If the second House disagrees, a joint sitting is arranged to resolve the differences.

7. Assent by President: If the bill is passed by both the Houses of Parliament, it is sent to the President for his assent.
After the bill is given assent, it becomes an act which will be implemented by the Executive.

The President sometimes send a bill passed by the Parliament for reconsideration. The suggestions sent by the President along with the bill have to be taken up for discussion by the Parliament immediately. If the bill is passed second time by the Parliament, then the President has to give his assent to the bill.

Question 10.
Mention any two jurisdictions of the Supreme Court.
Answer:
1. Original Jurisdiction: The original jurisdiction of the Supreme Court is purely of federal in nature.
This power is confined to disputes between

• the Government of India and any of the States in India.
• The Government of India and any State or States on one side and other States on the other side or
• two or more States.

This power exclusively belongs to the Supreme Court and no other court in India is empowered to entertain any such suit. However, disputes arising out of any treaty agreement, convenience, engagement, etc., do not come under this Jurisdiction unless referred to by the President for advisory opinion. The Supreme Court can directly hear the disputes concerning the election of the President and the Vice-President.

2. Appellate Jurisdiction: The Supreme Court is the highest court of appeal in India. Its appellate Jurisdiction may be divided into three heads.

• Cases involving interpretation of the constitution,
• Civil cases and.
• Criminal cases.

i) The Supreme Court hears cases involving a substantial question of Law as the interpretation of the Constitution. It requires the certificate of the High Court for hearing such a case. Sometimes the Supreme Court can take up the appeal if it is satisfied that the case has do with certain interpretation of the Constitution.

ii) In case where no constitutional question is involved, the Supreme Court hears appeals on the basis of a certificate of the High Court. Such cases, in the opinion of High Court involve (a) a substantial question of law and (b) the decision of the Supreme Court.

iii) In case of the criminal matters the Supreme Court hears appeals from any Judgement, whether they are in the form of a final order or sentence of the High Court. It hears two specified cases namely.

• Where the High Court has on an appeal reversed on order of acquittal of an accused and sentenced him to death and
• Where the High Court has tried the appeals from any of its subordinate courts convicted the accused and sentenced him to death.

Question 11.
What are the differences between the Governor of a State and the President of India?
Answer:

Governor of a State	President of India
1) The Governor is a nominated person.	1) The President is an elected person.
2) He has no security of Tenure. His Tenure depends upon the Pleasure of the President.	2) The President has a fixed tenure of Office of five years in general.
3) The Governor can be removed easily by the President on the advice of the Union Council of Ministers headed the Prime Minister.	3) He can be removed only by the difficult process of Impeachment by the Parliament.
4) The Governor has discretionary power.	4) The President has no discretionary powers.
5) The Governor does not have Military and diplomatic powers.	5) He has Military and Diplomatic powers.
6) The pardoning power of the Governor is limited. He can not pardon death sentence and any sentence inflicted by the Martial Court.	6) The pardoning power of the president is absolute. He can pardon even the death sentence and sentence of Martial Court.
7) The Governor does not have emergency powers. He can only suggest for the imposition of president’s Rule.	7) The President can Promulgate orders for the declaration of all the three types of Emergencies.
8) The Governor has no power to remove the Chairman and Members of the State Public Service Commission though he appoints them.	8) The President can remove the Chairman and the Members of the Union Public Service Commission on the grounds stipulated by the Constitution.
9) The Governor sometimes may reserve a bill for the consideration of the President.	9) The President need not reserve any bill for the consideration of any other authority before giving his assent.
10) The Governor cannot issue ordinance without instructions from the President on the matters (a) which might affect the powers of the Union (b) affecting powers of the High Court (c) Imposing reasonable restrictions upon Inter-State Trade or Commerce.	10) The President can promulgate any ordinance on the advice of the Council of Ministers of the Union.

Question 12.
Write any two powers and functions of the State High Court.
Answer:
The following are the two powers and functions of the High Court.
1. Original Jurisdiction: Every High Court in India has original jurisdiction in regard to matters of admiralty, will, marriage, divorce, company laws, contempt of court and certain revenue cases. Every High Court is empowered to issue directions, orders or writs for the enforcement of any of the Fundamental Rights. Every High Court is empowered to settle disputes relating to election of members of Parliament and State Legislatures.

The High Courts of Bombay, Calcutta, and Madras possess original jurisdiction in Civil as well as Criminal cases arising within the presidency towns. They are authorized to hear Civil Cases involving property of the value of ₹ 20,000/- or more. They enjoy exclusive privileges and authority in this regard. In fact this power of High Court was in vogue before independence. It has been retained in the new Constitution. The other High Courts also enjoy the same jurisdiction as was available to them before independence.

Under Article 226, the High Courts is empowered to issue writs for enforcing Fundamental Rights. The High Court issues writs like Habeas-corpus, Certiorari, Mandamus, Quo-warranto, and Injunction for protecting the Fundamental Rights of the India Citizens.

2. Appellate Jurisdiction: Every High Court hears appeals against the judgement of the subordinate courts. The appellate Jurisdiction of the High Court extends to both Civil and Criminal Cases.

a) Civil Cases: An appeal to the High Court on the civil side is either a first appeal or a second appeal. In civil cases, appeal to the High Court lies from the decision of a District Court. Appeals can also be made from the subordinate courts directly provided the dispute involves a value of more than ₹ 5,00,000/- (or) a question of fact of law. When a court subordinate to the High Court decides an appeal differing from the decision of an inferior court, a second appeal can be made to the High Court.

b) Criminal Cases: In Criminal cases, it hears the appeals in which the accused has been sentenced to more than seven years imprisonment by the Sessions Judge. All cases involving capital punishment awarded by the Sessions Court come to High Court as appeals. Its approval is necessary for the imposition of death sentences by the District Sessions Judge. It also hears cases involving the interpretation of the Constitution.

Question 13.
What are the financial relations between the Union and the States? Explain.
Answer:
Articles 268 and 293 in Part XII of the Constitution deal with the Centre-State financial relations. The relations between the Centre and the States can be discussed under the following heads:
1. Taxes and Duties levied by the Centre: There are certain taxes which are exclusively assigned to the Union. These include customs and exports duties, income tax, excise duties on tobacco, jute cut corporation tax, taxes on the capital value of the assets, estate duty in respect of property other than agricultural land, railways, post and telegraphs, telephones, wireless, broadcasting and other forms of communications, foreign exchange, currency and coinage, etc.

2. Taxes and duties levied and used by the State: Certain items of revenue fall under the exclusive jurisdiction of the State. There are land revenue, taxes on goods and passengers carried by road or inland water, taxes on the consumption or sale of electricity and toll tax, duty on alcoholic liquors for human consumptions, taxes on entertainment, amusement, betting, gambling, etc.

3. Taxes levied by the Union but collected and appropriated by States: Revenue from the, following items is collected and appropriated by the States. These include Stamp duties on bills of exchange, cheques, promissory notes, bills of lending, transfer of shares, excise duties on medical and toilet materials, opium, etc.

4. Taxes levied and collected by the Union but assigned to States: The taxes on certain items are levied and collected by the Union but exclusively allotted to the States. These are: railway freight and fares, terminal taxes on goods or passengers carried by rail, sea, or air, estate duty in respect of property other than agricultural land.

5. Taxes levied and collected by the Union and distributed among the Union and the States: There are certain items, on
which the taxes are levied and collected by the Union but shared with the States. Such items are tax on income other than agricultural income, excise duties on items other than medical and toilet materials.

6) Union Government grants-in-aid and loans to the States:
The Union Government makes special provisions by two other means.
i. Grants-in-aid: The Union Government provides grants-in-aid (which are not paid back) to the States for different purposes. These grants are generally given for the purpose of financing development programmes for promoting the welfare of Scheduled Castes, Scheduled Tribes, and Backward Classes or budget deficit or for helping the States during natural calamities like drought, floods, earthquakes, etc. The States of Assam, Bihar, and Orissa are given special grants-in-aid in lieu of export duty on the export of jute goods produced in these States.

ii. Advancement of central loins: Besides grants in aid, the Union Government may advance loans to the State Governments and also give security to the loans by the Union Government within the provisions of the Constitutions.

7. Financial Relations between Union and States during Financial Emergency: During the proclamation of Financial Emergency, the President can give financial directions to the States. The President can suspend the grant-in-aid to the States. During such an emergency the States are left only with revenues available under the State List and the other resources can be controlled as per the wishes of the Centre. The President can issue directions to reduce the salaries and other allowances of the government employees including the judges.

Question 14.
Explain the advantages of Local Government.
Answer:
Definition: Local Government is defined in many ways by different political scientists. Some of them are cited below According to Sidgewick “Local government consists of certain subordinate bodies which have defined powers of making rules and regulations within their prescribed area of administration.” Prof. Finer. H defined that “the Local Government means authority to determine and execute measure within a restricted area inside and smaller than the whole state.” In the words of Duane Lockard “Public Organization authorized to decide and administer a large range of public policies within its small territory”.

Advantages of Local Governments: Local governments have the following advantages:

1. Local government institutions provide extensive range of service to the people.
2. They lead to the efficiency of administration at local as well as state and national level.
3. They lead to the economy in administration.
4. They cultivate a spirit of Self-help and self-dependence.
5. They promote the spirit of liberty among people.
6. The Local Governments facilitate the ventilation of people’s grievances and provide effective solutions to local problems.
7. They ensure the participation of the people in the formulation and implementation of development programmes at the grassroots level.

Question 15.
What do you know about Party System? Give a note on types of Party System.
Answer:
Party System: A Party System is a modem phenomenon which has less than 200 years of age. Parties and party systems emerged in Europe, North America, and Japan around the third decade of the 19th century.

The party system refers to complex social and political processes individual leaders, societal associations, political groups and organizations and their interaction and inter-relationships. These interaction patterns are governed by constitutions, statutes, rules regulations and institutions.

Rajini Kothari has argued in his book Politics in India” that the party system evolved from an identifiable political center. This political center, curved during the nationalist movement, comprised of the political elite sharing common socio-economic background i.e., educated, urban, upper-caste people belonging mainly to middle and upper classes.

Types of party systems: There are different types of party systems which are discussed below. They are classified into a single-party system, a Bi-party system, and Multiparty system.

Single-party system: In a single-party system only one political party is in existence. The other political parties are not allowed to function. It is possible that the dissension and grouping may exist within the same political party viz.., Nazi Party in Germany Fascist Party in Italy, Communist Party in China, and in former USSR.

Bi-party System: Under a Bi-part system, two major political parties are in working in a political system, one forms the government, and the other functions as opposition. political power in such cases alternates between the two major political parties, viz., the labour and the conservative parties in U.K. or the Republican and Democratic parties in the U.S.A.

Multi Party System: In multi-party system there are more than two parties operating in a political system. But in practice they are aligned with either the ruling party or the opposition party. This type of party system is in existence in India, France, Sweden and Norway, etc.

Question 16.
Examine the factors that led to Jai Andhra Movement.
Answer:
Jai Andhra Movement (1972) was a sequel to the Telangana agitation (1969) which demanded only “Mùlkis” should be appointed to the posts in Telangana including Hyderabad city. The ‘Mulki issue had a long history behind it. As early as in 1969, the Nizam State of Hyderabad issued a farman laying down that only ‘Mulkis are eligible for public appointments in the state. ‘Mulki’ was defined as one who was born in the State of Hyderabad or resided there continuously for fifteen years and had given an affidavit that he or she has abandoned the idea of returning to his or her native place.

Even after the formation of Andhra Pradesh, the Mulki rules continued to be in force in the Telangana region. As these rules stood in the way of the people of the Andhra region to compete for the posts, their validity was challenged in the High Court. The High Court struck down Mulki’s rules. On an appeal by the state government, the Supreme Court declared that the Mulki rules were valid and were in force. The judgment created a great political crisis in the state. The people of the Andhra region felt that they were reduced to the status of second-class citizens in their own state capital. They have an agitation demanding the separation of the Andhra region from Andhra Pradesh.

As the agitation continued President Rule was imposed in the state (1973) and a political settlement was arrived at with the initiative from the Central Government. A ‘Six Point formula’ was agreed upon by the leaders of the two regions to prevent any recurrence of such agitations in the future. It included, among others the following two points.

1. The abolition of Mulki rules and the Telangana Regional Committee.
2. The establishment of a Central University at Hyderabad to augment educational facilities.

Question 17.
What are the initiatives undertaken by NHRC?
Answer:
The National Human Rights Commission (NHRC) is a statutory body. It was established on October 12th, 1993. The NHRC is the guardian of Human Rights in the country. i.e., the Rights relating to life, liberty, equality, and dignity of the Individuals guaranteed by the Constitution.

Initiatives undertaken by NHRC:

1. The enquire into any violation of human rights.
2. To intervene in any proceeding involving an allegation of violation of human rights pending before a court.
3. To visit jails and detention places to study the living conditions of inmates and make recommendations thereon.
4. To review the constitutional and other legal safeguards for the protection of human rights and recommended measures for their effective implementation.
5. To review the factors including acts of terrorism that inhibits the enjoyment of human rights and recommend remedial measures.
6. To study treatises and other international instruments on human rights and make recommendations for their effective implementation.
7. To undertake and promote research in the field of human rights.
8. To spread human rights literature among the people and promote awareness of the safeguards available for the protection of human rights.
9. To encourage the efforts of NGO’s working in the field of human rights.
10. To recommend to the concerned authorities to make payment of compensation or damage to the victims.

Section – C
15 x 2 = 30

Note :

• Answer any FIFTEEN of the following questions in 5 lines each.
• Each question carries 2 marks.

Question 18.
Secular State.
Answer:
Our constitution stands for a secular state. It does not uphold any particular religion as the official religion of the Indian state. It ensures complete religious freedom to the people it abolishes discrimination between individuals on religious grounds in the matters of employment, education, and legislation. It prohibits religious instructions in state-owned or state-aided educational institutions.

Question 19.
Rigid Constitution.
Answer:
A rigid constitution is one whose provisions cannot be charged easily. In this system, the constitutional amendment methods are different from those of ordinary laws. There will be a special procedure for amending the provisions of the rigid constitution. The rigid constitution will have firmness due to its special procedures of amendment: Ex: United States and India.

Question 20.
Fundamental Rights.
Answer:
Fundamental Rights are an important feature of Indian constitution. They are incorporated in part – III Articles from 12 to 35 in our constitution. They enable the citizens to realise their personality.
They are:

• Right to Equality
• Right to Freedom
• Right against exploitation
• Right to Freedom of Religion
• Educational and cultural rights
• Right to constitutional remedies.

Question 21.
Habeas Corpus.
Answer:
Habeas corpus literally means ‘To produce the body of’. It is in the nature of calling upon a person who has detained another to produce the latter before it. The court wants to know on what grounds a person has been detained. This writ frees a person whose detention has no legal justification.

Question 22.
Article – 352
Answer:
Article 352 of the Indian constitution empowers the President to impose a National Emergency during the period of war, External Aggression, Armed Rebellion or internal disturbance. So far National Emergency was proclaimed on Four occasions.
They are:

• Chinese Aggression (1962)
• Indo – Pak war (1965)
• Indo-Pak war in the context of the Bangladesh Liberation Movement (1971) and
• Opposition’s call for blocking Parliament (1975).

Question 23.
Qualifications required for contesting the Presidential Elections.
Answer:
A person to be eligible to contest the office of the president shall possess the following qualifications.

1. He should be a citizen of India.
2. He should have completed the age of 35 years.
3. He should be qualified for election as a member of the Lok Sabha.
4. He should not hold any office of profit under the Union, State or Local Governments.
5. Possess such other qualifications as prescribed by the Parliament.

Question 24.
Qualifications required for contesting as vice-president.
Answer:
A person to be eligible for election as vice president should possess the following qualifications:

1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Council of States.
4. He should not hold any office of profit under the Union, State, or Local Governments in India.

Question 25.
Categories of Union Council of Ministers.
Answer:
There are three kinds of ministers in the Union Council of Ministers. They are

1. Cabinet Minister.
2. Ministers of State.
3. Deputy Ministers.

1. The Cabinet Ministers are entrusted with the maintenance of some important ministries like Finance, Home, Defence, etc.
2. The Ministers of state act as the heads of some important sections in the Ministry. They are directly responsible to the Prime Minister for their activities.
3. The Deputy Ministers have no independent and discretionary powers. They assist the Cabinet Ministers.

Question 26.
Composition of Indian Parliament.
Answer:
Indian Parliament consists of the

• President
• Rajya Sabha (Council of States)
• Lok Sabha (House of People)

The upper house, Rajya Sabha represents the states and union territories.
The lower house, Lok Sabha represents the people.
The President of India has the power to summon or prorogue the two houses of Parliament though he is not a member of either house. He can dissolve the Lok Sabha on the advice of the Union Council of Ministers headed by the Prime Minister.

Question 27.
Quorum of Lok Sabha.
Answer:
Quorum implies the minimum attendance of members required for conducting the meetings of the Lok Sabha. Quorum is fixed at 1/10th of the total membership. The speaker determines whether there is Quorum on a particular day for conducting the meetings. Whenever there is no Quorum, he postpones the meetings for an hour or two or for the next day. There are several instances where in the meetings of the Lok Sabha were deferred due to lack of Quorum.

Question 28.
Removal of the judges of Supreme Court.
Answer:
A judge of the Supreme Court can be removed from his position only on the grounds of proved misbehavior or incapacity He can be removed from his office by an order of the president, after an address from each house of Parliament, supported by a majority of the total membership of that house and by a majority of not less than 2/3 notes of the members present and voting passed.

Question 29.
Special responsibilities of the governor.
Answer:
The Governor has certain special responsibilities to discharge according to the directives issued by the President under Articles 371 (Z) 371 (A) (1) b, 371 (C) in case special responsibility through the Governor is to consult the Council of Ministers the final decision shall be in his individual judgement which no court can question.

The Governor of Assam. Maharashtra, Gujarat, Wougaland, Manipur and Sikkim have special responsibilities on specific matters related to their respective states.
For example:
1. The Governor of Assom shall in his discretion determine the amount payable by the state of Asscm to district council as the royalty accruing from licenses of minerals decides the amount of money received from mineral resources and which has to be allocated to the District Council.

Question 30.
Qualifications of M.LC.
Answer:
A person who wishes to contest for the membership of the State Legislative Council must possess the following qualifications.

• He should be a citizen of India.
• He should have completed 30 years of age.
• He should possess such other qualifications as laid down by an Act of Parliameñt.

Question 31.
Administrative Relations during emergencies.
Answer:
During the operation of a national emergency, the Union Government will work as a powerful body. The state governments are brought under its complete control. However, they can’t be suspended by the union. When the President’s rule is imposed in a state the President can assume to himself the functions of the state government. He can assign such functions to the Governor. During the financial emergency, the union can direct the states to observe canons of financial propriety. The President can issue directions including the reduction of salaries of persons serving in the state government and the High Court Judge.

Question 32.
Legislative powers between the Union and the States.
Answer:
Articles 245 to 255 in Part XI and Chapter I of the Indian constitution deal with the legislative relations between the union and the states. The constitutions of Indian makes three-fold distributions of legislative powers between the union and states. List -I (The Union List), List -II (The State List), and List – III (the concurrent List).

Question 33.
Zilla Parishad.
Answer:
Zilla Parishad is the upper tier of the Panchayat Raj System. There will be a Zill Parishad in every district. Zilla Parishad is the superior local body at the district level and has the corporate status.
Zilla Parishad comprises six organs, namely;

• Zilla Parishad
• Zilla Parishad Chairman
• Zilla Mahasabha
• Chief Executive Officer
• Standing Committees and
• District Collector

Question 34.
M.PD.O.
Answer:
Mandal Parishad Development Officer (MPDO) is the administrative head of Mandai Parishad ‘the plays a crucial role in the administrative affairs of the Mandal Parishad. He prepares the agenda of the parishad meetings and participates in the meeting and renders advice to the members on several matters of the Mandal Parishad. He prepares the annual budget of the Mandal Parishad. He takes steps for the effective working of the Mandal Parishad.

Question 35.
Territorial Representation.
Answer:
In the territorial or geographical representation system, the total electorate of the country is divided into territorial units called constituencies which elect one or more representatives. The constituencies are more or less equal in size and population. All voters living in a particular constituency take part in the election of representatives. Where one representative is elected from a constituency it is known as a single-member constituency. Where more than one representative is elected, it is known as a multimember constituency. Most of the modem states, including India, have followed single. Members constituencies for the elections to the lower houses of the legislature.

Question 36.
National parties.
Answer:
A political party which participates in four or more states in Lok Sabha elections and secures 6% of valid polled votes plus 4 Lok Sabha seats can be recognised as National Party by the election commission of India. At present, there are 6 National Parties in India. Indian National Congress, BJP, CPI, CPM, BSP, NCP.

Question 37.
Fazal Ali Commission.
Answer:
On 22nd December 1953, the Indian government has announced the formation of States Re-organization Commission (SRC) under the chairmanship of Fazal Ali, besides him H.N Kunzty and K.M Phanikkar were other members. The committee had submitted its report to the union government on September 1955.