AP Inter 2nd Year Civics Model Paper Set 3 with Solutions

Thoroughly analyzing AP Inter 2nd Year Civics Model Papers Set 3 with Solutions helps students identify their strengths and weaknesses.

AP Inter 2nd Year Civics Model Paper Set 3 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.
Explain the composition, powers, and functions of the Union Council of Ministers.
Answer:
Article 74 (1) of the Constitution provides for a Council of Ministers at the Centre. Its main function is to aid and advice the President in the performance of his duties. It consists of Prime Minister and other Ministers. It is this body which runs the entire administration of our country. It is the real Executive authority of the country It functions on the ‘Principle of Collective Responsibility. It holds office till it continues to enjoy the confidence and support of the Lok Sabha.

Formation of Council of Ministers: The formation of the Council of Ministers starts with the appointment of the Prime Minister. The President appoints the Prime Minister and on the advice of the Prime Minister, the other Ministers are appointed by the President.

Composition of Council of Ministers: Our Constitution did not mention the exact size of the Union Council of Ministers. But there are three kinds of Ministers:

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

The Cabinet Ministers are entrusted with the maintenance of some important ministries. They enjoy independence and decision-making powers.

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.

The Deputy Ministers have no independent and discretionary powers. They assist the Cabinet Ministers and perform the functions assigned to them.

The Cabinet or the Council of Ministers is the pivot around which the entire administration of our country revolves, it is the steering wheel of the ship of the State.” It is the hyphen that joins the Executive and Legislative organs of the Government.

Powers and Functions:
1. Executive Powers: The Union Cabinet is a deliberative and policy formulating body. It discusses and decides all National and International policies of the country. The policies decided by the cabinet are carried out by the Ministers. It directs and leads the Parliament for action and gets its approval for all its policies. It coordinates and guides the activities of departments of the Government. It also plays an important role by suggesting persons for all major appointments. It considers the reports of various committees before they are presented to the Parliament.

2. Legislative Powers: The Cabinet plans the legislative programme of the Government at the beginning of each session of Parliament. It drafts Bills on all important matters and introduces them in the Parliament. It also decides the time of summoning and prorogation of Parliament. The inaugural speech of the President to the Parliament is prepared by the Cabinet.

3. Financial Powers: The Cabinet possess important financial powers. It has complete control over national finance. It prepares the Union Budget. It decides what taxes are to be imposed and how much of expenditure is to be incurred. Money Bills are always introduced in the Lok Sabha by the Finance Minister.

4. Foreign Relations: In the field of foreign relations also the Cabinet plays an important role. It determines and formulates the foreign policy of the country and decides India’s relations with other countries. It considers and approves all international treaties and agreements.

Collective Responsibility: Article 75(3) of the Indian constitution states that the union council of ministers shall be collectively responsible to the Lok Sabha, for all their acts of commissions and commissions. They act as a team under the leadership of the Prime Minister. They sail together, they swim together and they sink together.

Conclusion: It is thus clear that the Council of Ministers or Cabinet enjoys far-reaching powers both with regard to the internal and external policies of the country. Internally it maintains law and order within the country and externally protects the country from foreign aggression. The progress of the country largely depends upon the ability of the Cabinet.

Question 2.
Write an essay on the Supreme Court of India.
Answer:
The Supreme Court of India is the Highest Court of Justice in India. Part V of the Indian constitution from Articles 124 to 147 deals with the composition, Appointment, Qualifications of Judges, powers, and Functions of the Supreme Court. Article 124 provides for the establishment of the Super-me Court. The Supreme Court of India was established in New Delhi on January 26, 1950, with the inauguration of our constitution.

Composition: The Supreme Court Consists of the Chief Justice and 30 other Judges. There may be some Ad-hoc Judges
and retired Judges on temporary basis.
1. Seat of the Supreme Court: The Head quarters of the Supreme Court is situated at New Delhi. The Supreme Court ordinarily shall sits at New Delhi.

• Aligeneral cases a adjudicated by a Division Bench Comprising two or more Judges.
• Cases involving the constitutional matters are heard by a constitutional Bench consisting Five Judges.
• For considering special cases larger benches consisting of Five or more than Five Judges are constituted.

2. Appointment: The judges are appointed by the President. While appointing the Chief Justice, the President consults the retiring Chief Justice and the Prime Minister. He appoints the remaining judges on the advice of the Chief Justice.

3. QualIfication: A judge of the Supreme Court

• must be a citizen of India.
• must have worked as a judge of any High Court for at least 5 years or must have 10 years of experience as an advocate either in the Supreme court or any High court or must be a legal expert in the opinion of the President.

4. Salaries: The Chief Justice gets a monthly salary of ₹ 1,00,000/- and each other judge gets ₹ 90,000 per month. They also get allowances. Their salaries should not be reduced to their disadvantage during their term of office.

5. Term of Office: The judges hold office till they reach 65 years of age. However, they can be removed from office by Parliament through a resolution known as impeachment before the end of their term or they may submit their resignation.

Removal: A Judge of the Supreme Court can be removed from his position only on the grounds of proved misbehavior or in capacity by an order of the president after on an address by the Parliament by a Majority of not less than 2/3 votes.

Immunities of Judges: According to Article 121 of the constitution, No discussion shall take place in the Parliament with respect to the conduct of any Judge of the Supreme Court in the discharge of his duties except upon a motion of impeachment.

Powers and Functions of the Supreme Court:
1. Original Jurisdiction: According to the original Jurisdiction, the Supreme Court hears directly any dispute

• between the Government of India and one or more States.
• between the Government of India and any State or States on one side and one or more States on the other
• between two or more States. The Supreme Court also decides all disputes and doubts regarding the election of the President and Vice President. It protects the Fundamental Rights guaranteed to the citizens by issuing several writs.

2. Appellate Jurisdiction: The Supreme Court is the highest Court of appeal in India. All appeals from all other courts can be heard by Supreme Court. The appellate jurisdiction extends to four types of cases namely civil, criminal, constitutional, and special. But, the High Court should give certificate for appealing in the Supreme Court in the first three kinds of cases. But in special cases, the certificate of High Court is not required.

3. Advisory Jurisdiction: The Supreme Court offers its advice to the President on those matters of legal or public importance which are referred to him (Art. 143). Its opinion is purely advisory and not binding on the President. The Supreme Court may refuse to give its opinion to the President. In October 1994 when Dr.S.D.Sharma, the then President of India asked the Supreme Court to give its advisory opinion on the Ayodhya issue, the court refused to give its opinion.

4. Judicial Review: The Supreme Court has the power of Judicial Review. It examines the validity of laws passed by the legislatures or the orders issued by the Executive and declares them as ultra vires or unconstitutional if they are against the provisions of the Constitution.

5. Court of Record: The Supreme Court acts as a court of record. All the judgements and interpretations of the Supreme Court are recorded for future references.

6. Other Powers:
The Supreme Court.

• reviews it’s own decisions.
• supervises the working of the State High Courts and other Subordinate Courts.
• recruits it’s own personnel for its maintenance.
• interprets the Constitution and acts as its guardian.
• initiates contempt proceedings against those who criticise or defy it’s judgments etc.

Conclusion: From the above account it is evident that our Supreme Court enjoys unique position in the judicial system of the country.

Question 3.
Discuss the powers and functions of the Governor.
Answer:
The Governor is the constitutional head of the state government. Article 153 of the Indian constitution provides for an office of the governor in the states. The administration of a state is carried on in the name of the governor.
Appointment: The president appoints the governor on the advice of the Prime Minister. In this contest, the president generally follows two conventions which are mentioned below for the appointment of the governor.

1. Consulting the Chief Minister of the State Concerned.
2. Choosing an eminent person not belonging to the state concerned.

Qualifications: Article 157 of our constitution lays down the following qualifications for the appointment of a person as a governor.

1. He shall be a citizen of India.
2. He should have completed the age of 35 years.
3. He should not hold any office of profit.
4. He should not be a member of either union or state legislature.
5. He should not be an insolvent declared by any court of Law.

Pay and Allowances: The governor is entitled to receive a monthly salary of ₹ 1,10,000/-.He resides in an official rent-free building ‘Raj Bhavan”. Besides, he is entitled to many other allowances and privileges.

Oath of Office: The Chief Justice of the state High Court administers the oath of office to the governor.
Tenure: The Governor holds office as a convention for a term of five years. However, He holds office during the pleasure of the president.

Powers and Functions of the Governor: The Governor exercises six important powers and functions. They are explained as follows.
1. Legislative Powers and Functions: Article 168 describes that the Governor is an integral part of the Stage Legislature. In that capacity, he exercises certain powers and performs functions related to the State Legislature.

• The Governor inaugurates the first sessions of the State Legislative Assembly after the general elections are over.
• He also addresses the first session of State Legislative Assembly every year i.e. budget session.
• He appoints Pro-tern Speaker of the State Legislative Assembly.
• He summons and prorogues the sessions of the two Houses of the State Legislature.
• He addresses the Members of the state Legislature and sends messages in relation to the state legislature.
• The Governor gives his assent to the bills passed by the state Legislature.
• He may return a bill sent by the state Legislature for its reconsideration.
• He dissolves the State Legislative Assembly when he feels no party is in a position to form a stable and viable Government and the advice of the Chief Minister.
• He may promulgate Ordinances to meet an emergency which require immediate action during the recess of the State Legislature.
• He nominates members of Anglo-Indian community to the Legislative Assembly of the state if he feels that community is not represented in the house.
• The Governor nominates 1/6 of the total members of the State Legislative Council.

2. Executive powers and functions: Article 154 of our constitution vests the governor with the executive powers of the
state. The governor exercises these powers either directly of through officers subordinate to him. The governor has the following executive powers.

1. The Governor appoints, the Chief Minister and the members of the Council of Ministers on the advice of the Chief Minister.
2. He allocates Portfolios among the ministers and reshuffles their portfolios. .
3. He removes the Ministers on the advice of the Chief Minister.
4. He appoints the Vice-Chancellors of the Universities in the State. He acts as the Chancellor of the universities.
5. He appoints the Chief Secretary and Advocate General of the State Government.

6. He appoints the Chairmen and other members of the State Commissions such as

• State Public Service Commission
• State Election Commission
• Official Language Commission
• Commission for Women
• Minorities Commission
• Backward Classes Commission and
• SC & ST Commission.

7. He regulates the postings and transfers of the All India Services personnel working in the state.

3. Judicial Powers and Functions:
The Governor also exercises the following judicial powers and functions.

• The Governor renders advice to the President of India in the appointment of Chief Justice and other judges of the High Court of the State.
• The Governor appoints the Advocate General of the State.
• He makes appointments, postings, and promotions of the District Judges in consultation with the Chief Justice of High Court of the State.
• He also appoints persons to the judicial services of the state (Other than the district courts) in consultation with the Chief Justice of High Court and State Public Service Commission.
• He can grant pardon, retrieve, remit, and commute the sentence of any person convicted of any offence against any law of the concerned state.

4. Financial Powers and Functions: The Governor will have the following powers and functions of financial nature.

• The Governor sees that the Annual Financial Statement (i.e. Budget) is laid before the State Legislature.
• No Money bill shall be introduced in the State Legislative Assembly without the prior permission of the Governor.
• No Demand for Grant can be made except on his recommendation.
• He maintains the Contingency Rind of the State. He can make advances out of the Contingency Fund to meet any unforeseen expenditure.
• He constitutes a Finance Commission for every five years to review the financial position of village Panchayats and Municipalities.
• He sees that reports of various financial committees are Paid before the State Legislature.

5. Miscellaneous Powers and Functions: The Governor receives the Annual Report of the State Public Service Commission and passes it on to the Council of Ministers for comments. Thereafter, he passes on the report on these comments to the Speaker of the Assembly for placing it before the legislature. He receives the report of the Auditor-General regarding income and expenditure made by different departments working under the State Government. On behalf of the President, he runs the administration as the real head of the state through the enforcement of law and policies during the period of President’s Rule.

6. Discretionary Powers: Under Article 163 (1) of the constitutions the Governor has some discretionary powers which are discharged by him. His decisions in this regard are final. These are mentioned as below.

• Playing a decisive role in appointing the new Chief Minister in a situation when no single party has a clear majority in the state Legislative Assembly.
• Dismissing a Minister when it refuses to resign even after losing majority support in the House.
• Dissolution of the Assembly on the advice of the Chief Minister who lost the majority members’ support.
• Rendering advice to the President for the imposition of the President’s Rule in the štate.
• Reserving a Bill for the consideration and approval of the President.
• Seeking instructions from the president before promulgating ordinances on some important matters.
• Sending back a bill passed by the state legislature for its reconsideration, except money bills.

Question 4.
Explain in brief the Union-State relations in India.
Answer:
Center-state relations is the most important aspect of a federal polity. They are incorporated in part – Xl and part – XII of our Constitution. Articles 245 – 300 deals with the Centre – State relations. Our Constitution clearly defined the Union State relations for avoiding conflicts between the Centre and States and for establishing a cooperative federation. We may study the Union – State relations under three heads.

They are:

1. Legislative relations (Articles 245 – 255)
2. Administrative relations (Articles 256 – 263)
3. Financial relations (Articles 264 – 300)

1. Legislative relations (Articles 245-255): Our Constitution divided the subjects of legislation into three lists, namely;

• Union list
• State list
• Concurrent list.

These are explained below.
i) Union list: At present, the Union list comprises 100 subjects. The subjects included in this list are of national importance. The Parliament has exclusive jurisdiction to make laws for the whole or any part of the territory of India with regard to items included in the Union list. Defence, Foreign affairs, War and Peace, Posts and Telegraphs, Currency and Coinage, Banking, Insurance, Audit and Accounts, Supreme Court and High Courts, U.P.S.C., All India Services etc.

ii) State list: This list comprises of 62 items. These items are of local importance. The State Legislatures have jurisdiction to make laws with regard to items included in the State list. Law and Order, Police, Prisons, Public Health and Sanitation, Agriculture, Forests, Fisheries, Land revenue, State Public Services, Libraries, etc., are included in the State list.

iii) Concurrent list: This list contains 52 subjects. Both the Union Parliament and the State Legislature can make laws on these subjects. However, in case of conflict between the laws of the Central Government and the State Government, the laws of the former will prevail. Criminal law and procedure, Civil law and procedure, Preventive detention, Marriage and Divorce, Population Control, Forests, etc., are included in the Concurrent list.

Residuary Powers: Items not included in any of the three lists are termed as Residuary Powers. The Union Parliament is empowered to make laws on these matters.

Parliament’s authority over the State matters: The Union Parliament has special powers to make legislation on the matters of State list under the following special circumstances.

1. It has the power to enact legislation on the State matters during the proclamation of emergency. Such a law is in vogue so long as the emergency is in vogue.
2. It has power to make laws on any particular item of State list when two or more State Legislatures, request the former to make legislation through a resolution. Such a law applies to the respective States. The above matters prove that the Union has more powers over the States in legislative matters.

2. Administrative relations (Articles 256 – 263): Article 256- 263 of part XI deals with the Administrative relationship between the Centre and States. They are explained below:

• The executive power of the States is to be so exercised as to ensure compliance with the laws of Parliament.
• The Union Government has powers to issue directions to the States for the Construction and maintenance of the means of Communication, ‘declared to be of national or military importance.
• The Union Government can also give directions to the States regarding the measures to be taken for the protection of Railways within the boundaries of the State.
• The Constitution vests the President with the power to establish an Inter-State Council.
• During the national emergency, the federal structure is transformed into a unitary one, and all the executive authority of the State is exercised by the Union, etc.

3. Financial relations (Articles 264 – 300): The Financial relations between the Centre and the States are defined in part XII of the Constitution (Articles 264-300). They are explained below:

1. There are 12 sources of income for the Union Government and 19 sources for the State Government respectively.
2. Some taxes like stamp duty, and customs duty on pharmaceuticals are imposed by the Union Government. The State Governments collect and utilise the proceeds.
3. A part of the income from Railway fares is allotted to the State Governments.
4. The Finance Commission makes recommendations to the President on the matters of allotting financial resources.
5. The Union Government sanctions grants to the States for the completion of certain special projects. It is clear that the States do not possess adequate financial resources to meet their requirements.

Question 5.
Describe the various types of urban local governments in India.
Answer:
As per the 74th Constitution Amendment Act, eight types of Urban Local Bodies are existing in India. They are mentioned as follows:

1. Municipal Corporation
2. Municipality
3. Nagar Panchayat
4. Notified Area Committee
5. Town Area Committee
6. Cantonment Board
7. Township
8. Port Trust
9. Special Purpose Agency.

These may be explained as follows:
1. Municipal Corporation: Municipal Corporation is an important category of urban local government. It is the highest local government institution working in each large urban area. It is constituted by a special Act of the State Government. The first Municipal Corporation was set up in the former presidency town of Madras in 1687. It was followed by similar Corporations in Bombay and Calcutta. The state government can declare the transformation of a Municipality into a Municipal Corporation when the population is at least three lakhs and annual income is four crores rupees.

Composition:
The number of members of each Municipal Corporation is determined on the basis of the population of the city concerned by the law passed by the state legislature. Every Municipal Corporation consists of four organs, namely

• Corporation Council,
• Mayor,
• Commissioner and
• Standing Committees.

2. Municipalities: Municipalities are a type of urban local bodies functioning below the level of Municipal Corporation and above that of the Nagar Panchayat / Notified Area. Normally, Municipalities are constituted for a population of 20,001 and above or when annual income is above Rs.60 lakhs. They are also constituted when annual income is above 20 lakhs acquired from Trade Licenses, Professional taxes, and non-agricultural sectors. Sometimes Panchayats are upgraded as Municipalities on the basis of population density and employment opportunities.

Municipalities are classified into five grades basing on their annual income.
They are:

1. Selection Grade Municipalities – Annual income over and above ₹ 4 Crores.
2. Special Grade Municipalities – Annual income varying between ₹ 3 and ₹ 4 Crores.
3. First Grade Municipalities – Annual income varying between ₹ 2 and ₹ 3 Crores.
4. Second Grade Municipalities – Annual income varying between ₹ 1 and ₹ 2 Crores.
5. Third Grade Municipalities – Annual income below One crore.

Composition: There are four organs in Every Municipality namely,

• Municipal Council,
• Municipal Chairman,
• Municipal Commissioner and
• Standing Committees.

3. Nagar Panchayat: Nagar Panchayats are created for transitional areas (the area which is fast changing from a rural to an urban area) or for a very small urban area. For this purpose, several factors are taken into consideration; the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance of the area, and some others.

Composition: The strength of the members of Nagar Panchayat is fixed by the State Legislature from time to time. They are directly elected by the people of the area on the basis of adult franchise. For the purpose of election, the areas of Nagar Panchayat is divided into wards and each ward elects one member. Besides the elected members, the Member of the State Legislative Assembly (M.L.A) representing that area is also the ex-official member of Nagar Panchayat. Every Nagar Panchayat elects one President and one Vice-President among its members. They are elected by all the elected members. The President presides over its meetings.

4. Notified Area Committee: This is constituted either for a fast-developing town or an area not fulfilling the conditions for the creation of a Municipality. As it is created through a special notification of the state government, it is known as the Notified Areas Committee. It does not possess a statutory position. It will have a Chairman and some members who are nominated by the state government. Its functions are more or less same as that of a Municipality.

5. Town Area Committee: Town area committee is set up by an act of State Legislature. It fulfills the public needs of a small town. It will have a chairman and members nominated by the state government. It performs limited functions like street lighting, drainage etc. Its authorities take steps for improving the conditions of the people living in the town area.

6. Cantonment Boards: Cantonment Boards are established in India under the Cantonment Act of 1924. At present, there are 62 Cantonment Boards in India. These bodies take steps for improving the conditions of civilian population and military personnel in their jurisdiction. There are three types of Cantonment Boards in India. They are created by an Act of the defense ministry. Each Board comprises some members belonging to the elected, nominated and ex-official categories. There will be a General Officer on Command (GOC) for every Cantonment Board.

7. Township: Township is established by the public sector undertakings to provide basic civic amenities to its personnel. It has no elected members. There will be a Town Administrator for every Township. He is appointed by the concerned ministry of union government. Its services are meant not for the general public but for the personnel working in the public sector undertakings.

8. Port Trust: Port Trust is setup in the areas where port personnel are in considerable members. It manages the affairs of ports. It takes proper steps for protecting the interests of personnel in the port areas. The union government constitutes a port affairs committee. The committee comprises both nominated and elected members.

9. Special Purpose Agencies: These agencies are meant for tackling some special issues faced by the people. They perform some peculiar functions for the people residing in municipalities and other notified urban areas. They are established by the special Acts of state legislature. Sometimes they came into vogue through a special order of the state government. Housing Board, Water Supply, Undertakings, Electricity Generation and distribution grids, Urban Development Authorities, etc., are some examples of these Agencies.

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.
Write a note on the sources of Indian Constitution.
Answer:
The constitution of India was formulated on the basis of various experiences. Almost all the noble features of the world constitutions have been incorporated in it. Similarly, the peculiar political, social, and cultural conditions present in India have been taken into account at the time of drafting the constitution. The makers of Indian constitution ignored those conditions prevalent in other countries which are contrary to the socio-economic and political background of India.

On the whole, the following sources figure prominently in making the Indian constitution.
1. Many provisions of Indian constitution have been drawn on the basis of West Minister Model (British). These include parliamentary traditions, rule of law, cabinet government, legislative-executive relations, single citizenship, nominal executive head, etc.

2. Some provisions like fundamental rights, judicial review, federal system, presidential election, impeaching the president, etc., have been taken from the American constitution.

3. Items relating to Directive Principles of State Policy have been drawn from the constitution of Ireland.

4. The emergency powers of the President have been taken based on the German constitution.

5. Matters such as Concurrent lists, Business, Commerce, Interstate trade, Special privileges of legislators etc., have been added on the model of Australia.

6. The Union-State relations mentioned in Indian constitution have been designed basing on the Canadian constitution.

7. Matters of constitutional amendment procedure were drawn from South African constitution.

8. The idea of republic and the ideals of liberty, equality and fraternity have been taken from the constitution of France.

9. Most of provisions of Indian constitution were drawn from the Government of India Act, 1935.

Question 7.
Describe the six freedoms of a citizen.
Answer:
Our constitution in Chapter III under Article 19 (clause 1) guarantees certain fundamental rights subject to certain restrictions. They are also known as fundamental freedoms. They are:

1. Freedom of speech and expression.
2. Freedom of Peaceful Assembly without Arms.
3. Freedom of Associations and Unions.
4. Freedom of movement throughout the territory of India.
5. Freedom of residence and settlement in any part of the Territory of India.
6. Freedom of profession, trade occupation or business.

These freedoms would facilitate the progress of Indian citizens in social, political, and economic spheres. These freedoms are not absolute. The state may, if necessary, impose certain reasonable restrictions on the enjoyment of the above freedoms by the Indian citizens. These restrictions relate to the maintenance and safeguarding of the independence, sovereignty, integrity, law, and order.

Question 8.
Mention any two emergency powers of the Indian President.
Answer:
1. National Emergency (Article 352): The President exercises this power during the period of war, External aggression or armed rebellion. He declares emergency if he is satisfied that the sovereignty and security of India or any part thereof is threatened by external aggression. When National Emergency is in force, the federal provisions of our constitution ceases to operate. So far, National Emergency was proclaimed on four occasions in our country.

They are:

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

2. Constitutional Emergency (Article 356): Article 356 of Indian constitution Empowers the President to proclaim the constitutional emergency. If the Prèsident, on receipt of a report from the Governor or otherwise, is satisfied that a situation has arisen in which the government of a state cannot be carried on according to the constitutional provisions. He is empowered to proclaim this emergency. It is also called as the President’s rule. So far this type of emergency was proclaimed for over too times.

Question 9.
What do you know about Public Accounts Committee?
Answer:
Public Accounts Committee was set up in 1921. It consists of 22 members. Out of them 15 members belong to the Lok Sabha and 7 members to the Rajya Sabha. Their term of office is one year. They are elected by means of proportional representation and single transferable vote. It became a convention to appoint one of the members of the Opposition in the Lok Sabha as its chairman since 1967-68.

The Committee performs the following functions:

1. The Committee examines the annual audit reports of the Comptroller and Auditor General (CAG) of India.
2. It examines Public Expenditure not only from legal and formal points of view to discover technical irregularities but also from the point of view of economic prudence, wisdom, and property.
3. It brings out the appropriation accounts and the finance accounts of the Union Government and any other accounts laid before the Lok Sabha.
4. It examines whether the public funds are disbursed properly.
5. It examines the accounts of Autonomous and Semi-Autonomous bodies, the audit of which is conducted by the CAG.
6. It investigates the money spent on any service during the financial year in the excess of the amount granted by the Lok Sabha for that purpose.

Question 10.
Write about the Writ Jurisdiction.
Answer:
The word ‘writ’ literally means ride in written form. Article 32 of our Constitution confers authority upon the Supreme Court, to issue a constitutional writ for the enforcement of the Fundamental Rights of the citizens. Any person, whose fundamental rights have been violated, can directly move the Supreme Court for remedy.

The Supreme Court issues Habeas Corpus, Mandamus, Prohibitions, Quo-Warrantðand Certiorari, for enforcing the fundamental rights.
i) Habeas Corpus: Literally means ‘to have the body of. It is issued by the court to affect the release of a person who has not been detained legally. Under this writ the court issues orders to the concerned authority to produce the person before the court. The failure to abide by the writ order is met with punishment for contempt of court.

ii) Mandamus: It means ‘we command’. The writ is a command issued by the court to a public official to do a duty which he has failed to do. This writ cannot be issued against private persons.

iii) Prohibition: It means ‘to forbid’. It is issued by a higher court to a lower court to prevent the latter from exceeding its jurisdiction that it does not possess. This writ can be issued only against judicial and quasi-judicial authorities. This writ can be issued only against judicial and quasi-judicial authorities.

iv) Certiorari: It means ‘to be certified’ or ‘to be informed’. This writ is issued against the lower courts by the Supreme Court or High Courts if the lower former courts violate their jurisdiction.

v) Quo Warranto: It means ‘by what authority or ‘warrant’. If the court finds that a person is holding a public office which is not entitled to hold that office, it issues this writ for restricting that person from acting in that office. This writ is also not issued with respect to the private offices. Besides the above, many other mechanisms have been established for protecting of human rights. The National Commission for Women, the National Commission for Scheduled Castes & Scheduled Tribes, the National Human Rights Commission, etc are some examples in this regard.

Question 11.
Explain any three powers and functions of the Chief Minister.
Answer:
The following are the three important powers and functions of the Chief Minister.
i) Formation of the Ministry: The first and foremost responsibility of the Chief Minister is the formation of Ministry of his choice. The CM has a free hand in the selection and appointment of Ministers. He chooses some members of his party (or coalition partners in the case of a coalition) and recommends their names to the Governor to be appointed as Ministers. He advises the Governor to allocate portfolios among the Ministers.

ii) Leader of the State Council of Ministers: The Chief Minister is the head of the Council of Ministers. As such he occupies a position of exceptional authority. He is the Chairman of the State Council of Ministers The Chief Minister decides the time, venue and the agenda of Cabinet meetings. The CM presides over such meetings, discussions are carried under his direction. He guides, directs, controls and co-ordinates the activities of the Ministers.

iii) Link between the Governor and the State Council of Ministers: The Chief Minister is the principal channel of communication between the Governor and the State Council of Ministers. As part of his Constitutional duty, he communicates all the administrative decisions and legislative proposals of the State Council of Ministers to the Governor. It is his responsibility to furnish any information related to the activities of the Ministers as the Governor may call for. No minister shall meet the Governor without the consent of the Chief Minister.

Question 12.
Explain the Administrative functions of the High Court.
Answer:
The High Court exercises certain administrative functions within its territorial jurisdictions.

1. Under Article 227, every High Court has the power of supervision over all Courts and Tribunals functioning in its territorial jurisdiction except Military Courts or Tribunals in the State.
2. It ensures the proper working of these courts. It exercises the power to make and issue general rules and regulations for securing the efficient working of the court.
3. The High Court can transfer any case from one court to another court under Article 228 and can even transfer the case itself and decide the same.
4. The High Court has the power to investigate or enquire into the records or other connected documents of any court subordinate to it.
5. It appoints its administrative staff and determines the salaries and allowances and other conditions of the personnel working in subordinate courts.
6. It is empowered to withdraw any case involving the interpretation of the Constitution and dispose of the case itself.
7. The High Court is the Highest Court of Justice in the State. All other Courts and Tribunals (except Military Courts and Tribunals) in State function under the direct supervision and control of the State High Court.

Question 13.
Examine the legislative relations between the Union and the States.
Answer:
Articles 245 to 255 in Part Xl and Chapter I of the Indian Constitution deal with the legislative relations between the Union and the States. The Constitution of India makes threefold distributions of legislative powers between the union and the States viz.

i) The union list
ii) The state list and
iii) The concurrent list.

They can be explained in the following way.
The Union List: The Legislative relations have been divided between the Union and States in a unique way. The Union list is a longest list. In the beginning of the constitution, it consists of 97 subjects. This list has at present 100 subjects. The Union Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List. The subjects in this list include Defence, atomic energy, matters related to the UN, Foreign Affairs, diplomatic representation, treaties with foreign states, war and peace, citizenship, Railways, National Highways, airways, shipping, regulation and control of air traffic, Post and Telegraph, Telephones, currencies, commerce and Banking, Interstate Trade, Insurance, foreign loans, patents, weights waters, Union Public Service Commission, All India Services, election to Parliament etc. The laws made on these subjects are applicable to all the State and to all the citizens equally.

State List: Under normal circumstances, the State Legislature has exclusive powers to make laws with respect to any of the matters enumerated in the State List. It consists of 66 subjects of provincial importance. After the 42nd Amendment, this number was reduced to 62 subjects. The State Legislatures have exclusive power the make laws on matters enumerated in this list. Some of the important subjects included in the State list are law and order, justice, jails, police, agriculture, irrigation, public health, local self-government, pilgrimages, libraries, fisheries, markets and fairs and land revenue, etc. These laws are only applicable to the individuals or institutions within that state only.

The Concurrent List: Both Parliament and the State Legislatures are authorized to make laws over the subjects included in this list. There are 47 subjects of local and national importance. After the 42nd Amendment Act, 1976, their number was increased to 52. Both the Union and State Governments may enact laws on these matters. But the Union law prevails upon the laws of the States in case of conflict between the two, Some of the subjects under the Concurrent List are – forests, protection of wild animals and birds, population control and family planning, education including technical and medical education, criminal law and procedure, marriage and divorce, trusts and trustees, adulteration, trade unions, electricity, press and newspapers, and weights and measures except establishment of standards, etc.

The Union Parliament is empowered to amend and repeal the laws made by the States or any subjects mentioned in the Concurrent list. It has power exclusively to make any law with respect of any subject not enumerated in the Concurrent List or State List. But under certain special circumstances, the Union Government is empowered to abolish the powers of the states over the subjects included in the State List.

Residuary Powers: The powers which are not included in any of the above lists are called Residuary Powers. They are assigned to the union government. Ex: The power of the Parliament to impose taxes on the services sector of the economy.

Question 14.
Write a brief note on Mandal Parishad.
Answer:
Mandal Parishad is the intermediate tier in the Panchayat Raj System. It is set up according to the statutes of state government. In different states, the Panchayat Samiti has been given different names. Tamil Nadu calls them Panchayat Union Council, in Karnataka as the Taluka Development Board, in Gujarat as the Taluka Panchayat. However, the most popular name happens to be the Panchayat Samithi.

Composition: Every Manai Parishad comprises four organs namely,

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

Question 15.
Write a short note on the composition and functions of the Election Commission.
Answer:
Composition: The Election Commission of India consists of the Chief Election Commissioner and two other commissioners. They are appointed by the President of India.

Functions of Election Commission:

1. It prepares all periodically revised electoral rolls.
2. It makes every effort to ensure that the voter’s list is free of errors like the non-existence of names of registered voters or existence of names of that non-eligible or non-existent.
3. It notifies the dates and schedules of election and scrutinizes nomination papers.
4. During this entire process, the Election Commission has the power to take decisions to ensure a free and fair poll.
5. It can postpone or cancel the election in the entire country or a specific State or constituency on the grounds that the atmosphere is vitiated and therefore, a free and fair election may not be possible.
6. The Commission also implements a model code of conduct for parties and candidates. It can order a re-poll in a specific constituency.
7. It can also order a recount of votes when it feels that the counting process has not been fully fair and just.
8. The Election Commission accords recognition to political parties and allots symbols to each of them.
9. It advices the President whether elections can be held in a state under President’s rule ifi order to extent the period of emergency after one year.
10. It advices the Governor on matters relating to the disqualifications of the members of State Legislature.

Question 16.
Write briefly the characteristics of Indian Party system.
Answer:
Political parties are essential for the success of Democracy.
They acts as agencies of public opinion and link between the government and the people. Modern democracy is unthinkable in the absence of political parties.

Characteristics (or) Features of Indian party system :
The Indian party system has the following characteristics (or) features.
1. Multi-Party System: The continental size of the country, the diversified character of Indian Society, the adoption of universal adult franchise, the peculiar type of political process and other factors have given rise to a large number of political parties. In fact, India has the largest number of political parties in the world. At present, there are 6 National parties, 64 State Parties, and 1737 registered – unrecognized parties in the country. Further, India has all categories of parties – leftist parties, centrist parties, rightist parties, communal parties, non-communal parties, and so on. Consequently, the hung Parliament hung Assemblies, and coalition governments have become a common phenomena in Indian Political System.

2. One-Party Dominance System: In spite of the multi-party system, the political scence in India was dominated for a long period by the Congress party. Hence, Rajani Kothari, an eminent political scientist, preferred to call the Indian Party System as one-party dominance system, or the ‘Congress System’.

3. Lack of Clear Ideology: Except the BJP, CPI, and CPM, all other parties do not have a” clear-out ideology. They are ideologically close to the each other. They have close resemblance in their policies and programmes. Almost every party advocates democracy, secularism, socialism, and Gandhism. More than this, every party has only one consideration i.e., power capture.

4. Personality Cult: Quite often the parties are organized around an eminent leader who becomes more important than the party and its ideology. Parties are known by their leaders rather than by their manifesto. It is a fact that the popularity of the Congress was mainly due to the leadership of Nehru, Indira Gandhi, and Rajiv Gandhi. Similarly, the AIADMK in Tamil Nadu and TDP in Andhra Pradesh got identified with M.G. Ramachandran and N.T. Rama Rao respectively. In Tamil Nadu, after MG. Ramachandran, Jayalalitha became the icon of the party for this culture. Hence, it is said that ‘there are political personalities rather than political parties in India’’.

5. Traditional Factors: A large number of parties in India are formed on the basis of religion, caste, language, culture, race, and so on. For example Shiy Sena, Muslim League, Hindu Maha Sabha, Akali Dal, Bahujan Samajwadi Party, Gorkha League etc., work for the promotion of communal and sectional interests and there by undermine the general public interest.

6. Emergence of Regional Parties: Another significant feature of the Indian Party System is the emergence of a large number of regional parties and their growing role. They have become the ruling parties in various states like BJD in Orissa, DMK and AIADMK in Tamil Nadu, Akali Dal in Punjab, AGP in Assom, National Conference in J & K, JD(U) in Bihar, and so on. These regional parties have come to play a significant role in the national politics due to coalition governments at the Centre. In 1984 elections, the TDP emerged as the largest opposition party in the Lok Sabha and played a decisive role in national politics. In one context, i.e., during the NDA Government when Vajpayee was the Prime Minister at the Centre, Nara Chandra Babu Naidu played a King Maker’s role at the center.

7. Factions and Defections: Factionalism, defections, splits, mergers, fragmentation, polarization and so, etc., have been important aspects of the functioning of political parties in India. These factors led to the disintegration of the parties. Thus there are two Janata Dals, two Communist parties, two Congresses, and so on.

8. Lack of Effective opposition: In the last 63 years, an effective strong, organized, and a viable national opposition could never emerge except in flashes. The opposition parties have no unity and very offen adopt mutually conflicting positions with respect to the ruling party.

Question 17.
Why are human rights commissions necessary at the National and State level?
Answer:
People are human so they are entitled to Human Rights. Human rights determine standards to states and governments to protect the vulnerable individuals and groups against oppression. The Human Rights Protection Act, 1993 facilitates not only the creation of National Human Rights Commission but also a State Human Rights Commission at the state level. At present 23 states in India have constituted the State Human Rights Commission and Andhra Pradesh is one among them.

The main objective of State Human Rights Commission is to inquire into violation of human rights only in respect of subjects mentioned in the State List and concurrent List of the 7th schedule of Constitution. The National Human Rights Commission 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. Whereas the State Human Rights Commission is the guardian of human rights in. the state.

Section – C
15 x 2 = 30

Note:

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

Question 18.
Universal Adult Franchise.
Answer:
The makers of the Indian constitution provided for the universal adult Franchise for all citizens without any discrimination based on caste, colour, creed, community, language, religion, region, sex, property etc. At the beginning, adult Franchise was given to all the citizens who attained the age of 21 years. Later voting age was reduced to 18 years through the 61 Constitution, Amendment
Act in 1988.

Question 19.
Cultural and Educational Rights.
Answer:
Article 29 guarantees to every citizen to protect his own language, script or culture. Article 30 provides that all minorities whether based on religion or language shall have the right to establish and maintain educational institutions of their choice.

Question 20.
Election of President.
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.

Question 21.
Any two functions of the Union Cabinet.
Answer:

1. The Union Cabinet formulates the policies of the union government. It finalizes the domestic as well as foreign policies of the nation after having serious deliberations.
2. It pilots several bills in the Parliament at various stages and strives to secure the approval of the latter.

Question 22.
The Speaker of Loksabha.
Answer:
The office of the Speaker has great dignity, honour, and authority As the speaker acts as the chairman of the Lok Sabha and as the member of the Lok Sabha represents the people directly. He represents the whole Nation. He acts as the friend, philosopher, and guide to the members.

Question 23.
Committee on public undertakings.
Answer:
The Committee on Public Undertakings was created in 1964. It consists of 22 members out of which 15 are from Lok Sabha and 7 from Rajya Sabha. It examines whether the autonomy and efficiency of public sector undertakings are being managed in accordance with sound business principles and prudent commercial practices.

Question 24.
Judicial Review.
Answer:
Judicial Review means the power of the Supreme Court or High Court to Examine the constitutional validity of the legislative enactments and executive actions of both central and state governments and to declare them null and void if found repugnant of the provisions of the constitution.

Question 25.
State Executive.
Answer:
Articles 153 to 167 deal with the matters of the state executive.
The state executive consists of

• the Governor
• the Chief Minister and
• Members of the State Council of Ministers.

In our Parliamentary system Governor is the titular or constitutional head of the state. The Chief Minister is the real executive head of the Government. The Chief Minister and the Ministers being represents the people.

Question 26.
Privileges of State Legislature.
Answer:
Privileges of a State Legislature are a sum of special rights, immunities and exemptions enjoyed by the State Legislatures. They are necessary in Order to secure independence and effectiveness of their actions. The Houses can’t maintain the authority, dignity, and honour without these privileges. They can protect their members from any obstructions in the discharge of their legislative responsibilities.
i) Collective privileges
ii) Individual privileges

i) Collective Privileges: The legislature has the right to publish its reports, debates and proceedings and also to prohibit others publishing the same.
ii) Individual Privileges: The privileges belonging to the members of state legislature individually. They can not be arrested during the session of the state legislature or 40 days before and after the end of the session.

Question 27.
Qualifications of High Court Judges.
Answer:
A person to be appointed as judge of High Court should possess the following qualifications.

• He should be a citizen of India.
• He should have held a judicial office in the territory of India at least 10 years. or
• He should have been an advocate of a High Court or of two or more such courts for 10 years period.

However, the constitution has not prescribed a minimum age for appointment as a judge of a High Court.

Question 28.
Residuary powers.
Answer:
The powers which are not included in any of the above lists are called residuary powers. They are assigned to the union government. Ex: The power of the Parliament to impose taxes on the services sector of the Economy.

Question 29.
Any two extra-constitutional devices of Union government.
Answer:

1. National Institute for Transforming India (NITI Ayog)
2. National Development Council
3. National Integration Council
4. Inter-State Council

Question 30.
Zila Mahasabha.
Answer:
There will be a Zilla Mahasabha in every Zilla Parishad. It comprises a chairman and some other members of Zilla Parishad. It serves as an advisory body to the Zilla Parishad. The Zilla Parishad Chairman presides over its meetings in an ex-officio capacity. It performs three important functions namely.

1. Examining the annual budget and audit reports of Zilla Parishad.
2. Administrative report of the previous year.
3. Other matters of Zilla Parishad.

Question 31.
Municipal Council.
Answer:
Municipal council is the deliberative body of the Municipality.
It consists of some

• Elected
• co-opted and
• ex-officio members.

Registered voters in the municipal area elect the first category of members. They are called councillors. The elected members will in turn elect the second category of members. They are called co-opted members. The District collector and the municipal commissioner; the members of the Lok Sabha and State Legislative Assembly of the area concerned are called as the ex officio members. Normally the Council meets once in a month. The municipal council considers the matters relating to the Municipality.

Question 32.
Functional Representation.
Answer:
It is based on occupation. People engaged in the same kind of occupation have more things in common than people living in the same locality. Doctors, farmers, industrial workers, traders, journalists, lawyers, teachers, etc., have more in common than those who live as neighbours. One man cannot represent all traders. Hence, representation should be on functional basis. A legislature representing such different occupational groups would be a proper forum where different interests would be projected and pleaded for. But it is not possible to provide representation to each and every occupation Which are innumerable in number and the classification of profession is a touch task.

Question 33.
Election offences.
Answer:
Some of the electoral offencs as given below.

1. Promoting enmity between classes or grounds of religion, race, community or language.
2. Convening, holding or attending any public meeting during 48 hours before the end of poll.
3. Causing disturbance at election meetings.
4. Printing of election pamphlets, posters, etc., without printers/publishers’ names and addresses.
5. Violation of maintenance of secrecy of vote.
6. Influencing of voting by officials connected with conduct of elections and police personnel.
7. Disorderly conduct and disturbance in or near a polling station, indulging use of loudspeakers etc.
8. Canvassing within loo meters of a polling station on the day of poll.
9. Misconduct at the polling station or failure to obey the lawful direction of the presiding officer.
10. Illegal hiring or procuring of vehicles for conveying voters to and from polling stations.
11. Unlawful removal of ballot papers/EVMs from the polling stations.
12. Booth capturing.

Question 34.
Regional Parties.
Answer:
A political party which participates in state Assembly elections and secures 6% of valid polled votes and 2 Assembly seats can be recognised as a regional party. Ex: TDP in Andhra Pradesh, DMK and AIADMK in Tamil Nadu, AGP in Assom, National conference in J & K, Akalidal in Punjab, BJD in Odisha etc.

Question 35.
D.M.K.
Answer:
The term ‘Dravida Munnetra Kazhagm’ means ‘Tamilian Development Party. It was the product of South Indian Association (1916) and Justice Party (1917). E.V. Ramaswamy Naicker was its founder. This party has opposed Vehemently.

• The dominance of upper castes.
• Vedas.
• Puranas and
• All religious ceremonies are conducted by the priests.

When Ramaswamy Naicker refused to honour the national flag and the Indian constitution, C.N. Annaclurai opposed his decision and seeded from the parent institution Dravida Kazhagm (DK) and formed the present Dravida Munnetra Kazhagam (DMK) on September 17, 1949.

Question 36.
Criteria to be followed to be appointed as the chairperson of NHRC.
Answer:
The Chairperson of the NHRC is appointed by the president of India, on the recommendations of a six (6) member committee consisting of further a sitting judge of the Supreme Court or a sitting chief justice of High Court can be appointed only after consultation with the chief justice of India. This high-level and politically balanced committee, together with the statutory requirements relating to the qualifications of the chairperson.

Question 37.
What is information?
Answer:
Information is any material in any form. It includes Records, documents, memos, e-mails, opinions, advice, press releases, circulars, orders, log books, contracts, reports, papers, samples, models, and data material in any electronic form.