AP Inter 2nd Year Civics Model Paper Set 9 with Solutions

Thoroughly analyzing AP Inter 2nd Year Civics Model Papers Set 9 with Solutions helps students identify their strengths and weaknesses.

AP Inter 2nd Year Civics Model Paper Set 9 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 the 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. B.R. 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 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 convincing a Round Table 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 Second World War, the Congress Ministers in the provincial legislative councils proposed a resolution meant for recognizing India as 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 backdrop, 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 Labour 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 seems there is no alternative to partition 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 statemanship 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 Fundamental Rights.
Answer:
Out constitution, embodies a list of fundamental rights in part – III from Articles 12 to 35. The makers of our constitution
have incorporated these rights, on the model of American constitution. At present, there are 6 fundamental rights.
They are:

1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to religion
5. Cultural and Educational Rights and
6. Right to Constitutional Remedies.
7. Right to Equality (Articles 14 – 18): Article 14 guarantees equality before law to all persons. There can be no special privilege to any individual. All those who violate laws are given the same punishment. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, place of birth or any of them. Article 16 provides equality of opportunity in the matter of public employment. Article 17 abolishes untouchability and makes its practice in any form an offence. Article 18 prohibits the State from conferring any title except a military of academic distinction.

2. Right to Freedom (Articles 19 – 22): Article 19 is the most important part of the Constitution. It guarantees 6 freedoms to the citizens.
They are:

• Freedom of speech and expression.
• Freedom to assemble peacefully and without arms.
• Freedom to form associations or unions.
• Freedom to move freely throughout the territory of India.
• Freedom to reside and settle in any part of the territory of India.
• Freedom to practice any profession or to carry on any occupation.

Article 20 says that a person shall be convicted only for violating an existing law. Article 21 says that no person shall be deprived of his life and liberty except according to the procedure established by law. Article 22 provides that every person should be informed the cause of his arrest.

3. Right Against Exploitation (Articles 23 and 24): Article 23 prohibits traffic in human beings and forced labour. Article 24 says that no child below the age of 14 years, shall be employed in any factory mine or engaged in any other dangerous work.

4. Right to Freedom of Religion (Articles 25 – 28): The state is neutral and impartial towards all religions. There is no state religion in India. Article 25 gives power to the State to regulate the secular affairs. Article 26 provides freedom of conscience to every religious group. Article 27 says that the State will not compel any citizen to pay any tax for the promotion of any religion. Article 28 says that religious instruction shall not be imparted in any educational institution maintained wholly or partly by State funds.

5. Cultural and Educational Rights (Articles 29 and 30): Article 29 guarantees to every citizen to conserve 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 administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32): Article 32 deals with the right to Constitutional remedies. The citizens of
India can protect their Fundamental Rights through this right only. Dr. Ambedkar described it as the very soul and heart of the Constitution.

Question 3.
Explain the powers and functions of the President of India.
Answer:
Introduction: The President of India is the constitutional head of the Indian Republic. He is the First citizen of India. He
administers the affairs of the union Government either himself or through the officers subordinate to him. (Articles 52 and 53)

Qualifications: 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 (Article 59 (i))
5. Possess such other qualifications as prescribed by the Parliament.

Election Procedure: 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.

Oath of office: The person who is elected as President assumes office only after he takes oath of office and secrecy by the Chief Justice of India.

Term of office: The President continues in office for five years from the date of his assumption of office.

Salary and Allowances: The President now gets a monthly salary of ₹ 1,50,000/-. His official residence is Rashtrapathi Bhavan at New Delhi. On retirement, he will get a monthly pension of ₹ 75,000/-.

Removal (or) Impeachment: The President can be removed from the office by a process of impeachment for violation of the Constitution. Impeachment is a quasi-judicial procedure adopted by the Parliament.

Powers and Functions: The President shall exercise his powers with the help of the Council of Ministers headed by the Prime Minister. His powers may be analysed under the following heads:
1. Executive Powers: An executive action of the Union Government shall be expressed in the, name of the President. The President appoints the Prime Minister and other Ministers, Attorney General, Comptroller and Auditor General of India, State Governors, Judges of the Supreme Court and State High Courts, Finance Commission, Chairman and members of U.P.S.C., Election Commission and Chief Commissioners of Union Territories. He allocates portfolios to the Ministers.

2. Legislative Powers: The President is an integral part of Parliament (Art. 79) and as such enjoys extensive legislative powers.
They are:

1. He summons from time to time each House of Parliament, adjours and prorogues either or both the Houses.
2. He addresses either House separately or both the Houses Jointly.
3. He can dissolve the Lok Sabha on the advice of the Prime Minister.
4. He opens the first session of Parliament after the General Elections and at the commencement of the first session of each year.
5. He can send messages to the Parliament.
6. He arranges a joint session of both the Houses when there is a deadlock over an ordinary bill.
7. All bills passed by Parliament require his assent for becoming in acts.
8. He nominates 12 members to Rajya Sabha and two Anglo-Indian members to Lok Sabha.
9. He promulgates ordinances when the Parliament is not in session.
10. He sends the annual reports of Finance Commission, U.P.S.C, etc., for the consideration and approval of Parliament.

3. Financial Powers: The President also enjoys some financial powers. They are:

1. He recommends the financial bills to be introduced by the members in parliament. The Budget is caused to be laid down before the Parliament by the President.
2. He operates the Consolidated Fund of India.
3. He determines the shares of States in the proceeds of Income Tax.
4. No Money Bill can be introduced in the Parliament except on his recommendations.
5. He constitutes a Finance Commission for every five years etc.

4. Judicial Powers:

1. The President can grant pardons, reprieves, respites or remission of punishments.
2. He appoints the judges of the Supreme Court and State High Courts.
3. He can also remove them on an address by the Parliament.

5. Military Powers: The President is the Supreme Commander of the Defence Forces of the Union. He appoints the Chiefs on the Staff for Army, Navy, and Air Force. He can declare war and conclude peace. But he has to take the approval of Parliament.

6. Diplomatic Powers: The president appoints Ambassadors to foreign countries to represent India. He receives the credentials of the Ambassadors appointed in India. He represents our Nation in International affairs. He makes treaties and agreements with other countries subject to the ratification by the Parliament.

7. Emergency Powers: in extraordinary conditions, the President can proclaim emergency to safeguard the security, integrity and independence of our country. They are of three types:

• Emergency caused by war or external aggression or armed rebellion (Article 352),
• Emergency due to failure of Constitutional machinery in the States (Article 356) and
• Emergency due to threat to the financial stability of India (Article 360).

Question 4.
Write an essay on the district-level courts.
Answer:
The state judiciary consists of a High Court and a hierarchy of Subordinate Courts also known as District Courts. The District Courts play an important role in judicial administration at the district level. The courts consist of District Judge and other Judges. They fulfill their obligations at the district, Town, and Major Village levels. They hear civil and criminal cases. They are subject to the authority and control of the State government in administrative matters and to the State High Court in judicial matters.

There are two types of subordinate courts in a State namely:

1. Civil Courts and
2. Criminal Courts.

1. Civil Courts: The Civil Courts deal with civil suits regarding the matter like marriages, divorce, inheritance, business etc. There will be District Civil Courts at the District Level. The District Judge acts as its head. He exercises control and supervision over other civil courts in the district.

There are some senior civil judge courts below the rank of the district civil courts. There are some other junior civil judge courts in addition senior civil judge court. Judicial officers of subordinate courts are given here under:

• Principal District Judge
• Family Court Judge
• SC & ST Act Court Judge
• Senior Civil Court Judge
• Junior Civil Court Judge

The Principal District Court admits the cases pertaining to an amount of Rupees 10 Lakhs and above worth of poverty and deliver the judgements. The Principal District Judge is appointed through direct as well as indirect recruitment (By promotion).

The Family Courts are presided by judicial officers of the cadre of District Judges. This court takes up cases under Hindu Marriage Act relating to divorce, ordering interim maintenance, ordering custody of children etc. In order to protect Scheduled Caste and Scheduled Tribes rights and to implement SC & ST Act strictly, there’is a court for the entire district.

There are some courts namely Senior Civil Judge Courts which deal with the cases of property worth rupees above one lakh and below 10 lakhs and deliver the judgments. Cases pertaining to property worth below one lakh will be taken
up by Junior Civil Judge Court and the Judgements are delivered. There are some Nyaya Panchayats, Grama Kacheries, Adalati Panchayats and so on at the lowest level in the district to deal with local legal issues.

2. Criminal Courts: The Sessions Court is the highest criminal court in the district. The Sessions court acts as the superior court at the district level in handling the criminal matters. The Sessions Judge delivers judgments according to the provisions mentioned in the Indian penal code and the criminal procedure code. The following judges deal with at the district level.

They are :

1. District Sessions Judge
2. Senior Assistant Sessions Judge
3. Junior Civil Judge
4. Special Judicial Magistrate

The Principal District Judge will act as District Sessions Judge, who deals with the cases relating to murder and motor
vehicles act violation cases and delivers the judgement and imposes life imprisonment or death sentences which are to be confirmed by the State High Court. The Senior Assistant Sessions Judge will impose an imprisonment of five to seven years, depending on the nature of the case.

If there is a Junior Civil Judge Court for the entire town the court acts as a civil as well as a criminal court and take up the cases and deliver judgement and impose imprisonment below three years. There are Second Class Magistrate Courts which deliver the judgement by imposing fine up to rupees five hundred or a sentence of one year or both.

Special Judicial Magistrate Courts will be established in every town which takes up petty cases nd deliver the judgement by imposing fines below ₹ 500/- and impose imprisonment below six months.

Question 5.
Explain briefly the important provisions of 74th Constitution Amendment Act.
Answer:
The Constitution (Seventy Fourth Amendment) Act, 1992 was approved by the Parliament in December, 1992. It was regarded as a progressive step in strengthening the urban local bodies in India. It provided a common framework for the effective functioning of these bodies. The Act came into force on June 1, 1993.

Main Provisions:

1. The Act gave Constitutional status to the urban local bodies in India for the first time. It introduced a new part in the Constitution, namely part IX-A.
2. It incorporated the 12th schedule in the Constitution.
3. It listed out 18 subjects under the jurisdiction of urban local bodies.
4. It gave definitions of various terms concerning the urban local bodies. It constituted metropolitan area for urban areas having a population of ten lakhs or more.
5. It provided for the Constitution of various urban local bodies such as Municipal Corporation, Municipal Council, Nagar Panchayat etc. The Act authorized the state governments to designate and demarcate the urban local bodies as and when necessary

6. It specified the composition of the Municipalities. It declared that the elected members of the Legislative Assembly and the Lok Sabha of the concerned area will act as ex-officio members of the Municipalities. It also authorized and members of Legislative Council and the Rajya Sabha as members of Municipalities subject to their voting enumeration in the respective areas.

7. It authorized the state legislature to make legislation for the composition of ward committees in Municipalities.

8. It provided for reservation of some seats in urban local bodies for Scheduled Castes and Scheduled Tribes in proportion to their population in municipal areas. It also enabled one-third reservation for women in municipal areas and to the offices of Chairman /Chairperson of Municipalities on rotation basis.

9. It prescribed the uniform term for 5 years for Municipalities. It also clarified that elections shall be held within the six months after its dissolution.

10. It specified that the persons who are disqualified to become members of Legislative Assembly shall also become disqualified as members of Municipality. It also prescribes 21 years of age for becoming a member of Municipality.

11. It empowered the state legislature to make laws enabling the Municipalities to impose and collect taxes, allocate funds, and receive Grant-in-aid from the state government.

12. It enabled the state government to appoint the State Finance Commission for every five years for making recommendations (to the Governor) on the principles for distribution of Grants-in-aid among the urban local bodies.

13. It allowed the state legislature to make legislation for the audit of the accounts of urban local bodies.

14. It provided for the appointment of State Election Commission to conduct, supervise, direct and control the elections to the urban local bodies.

15. It also enabled the state legislature to create a district planning committee in each district for consolidating the plan activities.

16. It provides for the establishment of metropolitan planning committees in every state.

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.
Describe the composition and functions of Estimates Committee.
Answer:
The Estimates Committee was set up in 1950. It consists of 30 members of the Lok Sabha. The members hold their office for a year The Speaker of the Lok Sabha appoints the Chairman of the Committee. If the Duty Speaker is a member of this Committee, the Speaker appoints him as the Chairman of the Committee. The members of this committee may visit different projects and hold discussions with the officers, non-officials, and business groups and receive suggestions from them. The committee functions on permanent basis.

The committee performs the following four important functions:

1. It offers suggestions in regard to the economy in expenditure, improvement in organization and efficiency of the Union Government.
2. It examines as to whether the public funds are disbursed as per the estimates.
3. It also examines the matters assigned to it by the Speaker of the Lok Sabha.
4. It examines whether the money is well laid out within the limits of the policy implied in the estimates. Hence, it has been described as a “continuous economy committee.

Question 7.
Estimate the role of a District Collector.
Answer:
The fact that the Collector heads more than one hundred committees at the district level demonstrates his role in district affairs. He not only presides over such meetings but also takes steps for implementing the decisions taken there of He visits various mandals and villages in the district for about twenty days in every month and supervises the development of local bodies at the field level. He, like the chief iinister at the state level, will have tremendous influence and powers in the district. Many programmes of union and state governments like National Rural Employment Guarantee Scheme (NREGS), Pradhan Mantri Gram Sadak Yojana (PMGSY), Janani Suraksha Yojana (JSY), Aam Admi Bima Yojana (AABY), Rural Landless Employment Guarantee Programme (RLEGP). Prime Ministers Employment Generation Programme (PMEGP), Valmiki Ambedkar Awas Yojana (VAMBAY), National Rural Health Mission (NRHM), Mid-Day Meal (MDM) scheme, etc, depend upon the dynamic leadership of the district collector.

The union and state governments, rely on the District Collector in tackling the financial, political, and cultural matters of the people living in local areas. They nominate the District Collector as the chairman, co-ordinator or secretary of the above programmes at the district level. People regard the Collector as a repository of authority functioning independently with dedicated spirit. Even though some states like Gujarath and Maharashtra relieved the Collector from the perspective of development functions, even today it is popularly felt about the prominence of the Collector due the popular confidence and credibility. The people of North India prefer to address the District Collector as their maa-baap (mother and father).

Question 8.
Estimate the conditions helped for the emergence of Telangana Rashtriya Samithi Party.
Answer:
Telangana Rashtra Samithi (FRS) is a regional party which was established in the year 2001 in the integrated state of Andhra Pradesh by Sr. K. Chandra Sekhar Rao.

Conditions helped for the emergence of TRS:

• Telangana statehood struggle is one of the longest peoples movement in the country. The six-decade struggle, which began in early 1950s has reached its goal in February, 2014.
• The first statehood movement of 1950s led to the State Reorganization Commission recommending the Telangana state (then called Hyderabad State) in 1955 itself. Due to the political conditions that prevailed in Telangana then it had merged with Andhra State to form Andhra Pradesh.
• State in November, 1956. In May 1971, Telangana Praja Samithi headed by Marri Chenna Reddy won 10 of the Parliament seats in Telangana region. But, very soon, Chenna Reddy merged his party with Congress Party.
• While the statehood aspirations were alive in people it took sometimes before they found the right platform to intensify the agitation. In mid-1990s, several peoples’ organizations started organizing meeting on the statehood issue.
• Sri Kalvakuntla Chandrashekar Rao (KCR), Who was the Deputy Speker of A.P State Assembly, had started background work

on Telangana issue in early 2000. On 17th May, 2001, K. Chandra Sekhara Rao announced the launch of Telangana Rashtra Samithi party. Prof. Jayashankar, the ideologue of statehood movement extended his support to K. Chandra Sekhar Rao.

From then on wards it has been demanding a separate state hood for Telangana Region. It contested in 2004 elections being an ally of congress party both for Lok Sabha as well as state legislative Assembly In that elections T.R.S has won 5 Lok Sabha seats and 26 Assembly seats. it joined the Congress governments both at the centre and the state.

Later, owing to certain political differences it came out from the government both at the centre and the state. In 2009 General elections. It contested to both Lok Sabha and Assembly being an ally of Grand Alliance with TDP, CPI and CPM. It got 2 Lok Sabha seats and 10 Assembly seats.

On Nov 29th 2009 K. Chandra Sekhara Rao had announced an indefinite hunger strike demanding statehood to Telangana. The movement spread like wildfire with students, employees, people’s organizations plunging into it. In the next 10 days, the whole of Telangana region came to a standstill. As K. Chandra Sekhara Raos health was deteriorating very fast on December 9th 2009, the UPA government announced that the process of statehood for Telangana would be initiated. But within two weeks, the UPA backtracked on this issue. K. Chandra Sekhara Rao then brought all political forces in Telangana region together to form the Telangana JAC an umbrella body of several organizations and parties under the chairmanship of Prof. Kodandaram. TRS cadre and leaders actively participated in several agitations and protests launched by Telangana Joint Action Committee (TJAC).

After four years of peaceful and powerful protests, the UPA government started the statehood process in July 2013 and concluded by passing the statehood bill in both Houses of Parliament in February 2014. After the separate statehood of Telangana, in 2014 general elections of the state, TRS party won the majority of seats and formed the government headed by K. Chandra Sekhar Rao as its first Chief Minister.

Question 9.
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 followig 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 basing on the German constitution.

5. Matters such as Concurrent List, Business, Commerce, Inter-State 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 10.
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 11.
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 Emergence was proclaimed on four occasions in our country.
They are:

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

2. Constitutional Emergency (Article 356): Article 356 of Indian constitution Empower she President to proclaim the constitutional emergency. If the President, 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 100 times.

Question 12.
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 leqve 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 13.
Write about the composition of the Supreme Court.
Answer:
The Supreme Court of India is the highest court of Justice in India part V of the India Constitution from Articles 124 to 147 deals with the composition, Appointment, Qualifications of Judges, powers and functions of the Supreme Court. The Supreme Court of India was established in New Delhi on January 26, 1950.

Composition: The Supreme Court consists of the Chief Justice of India and such number of other Judges as is provided by the law. The parliament is authorised to determine the number of Judges in the Supreme Court. At present, there are a chief Justice and 30 other Judges in the Supreme Court. There may be some Adhoc Judges and retired Judges on temporary basis in the Supreme Court. All general cases are adjudicated by division Bench comprising two or more judges. Cases involving the constitutional matters are heard by a constitution bench consisting Five Judges. For considering special eases larger benches consisting of Five or more than Five Judges are constituted.

Question 14.
What is the meaning of Independence of Judiciary? How is it ensured by the constitution?
Answer:
The Judiciary performs its Functions independently. The Legislature or the executive shall not interfere in the working of
the Judiciary. The Judiciary carries on its obligations according to the constitutional norms and democratic principles. The following measures have been taken by the constitution to ensure the independence of Judiciary in India.

Measures ensuring for Independence of Judiciary:
1. The Legislature is not involved in the process of appointment of judges. Thus, it is believed that party politics would not play a role in the process of appoinments. In order to be appointed as judge, a person must have experience as a advocate and/or must be well-versed in law. Political opinion of the person or his/her political loyalty should not be the criteria for appointments to judiciary.

2. The judge have a fixed tenure. They hold office till reaching the age of retirement. Only in exceptional cases judges may be removed as per the procedure prescribed in the Constitution. This measure ensures that judge could function without fear or favor.

3. The Judiciary is not financially dependent on either the executive or legislature. The Constitution provides that the salaries and allowances of the judges are not subjected to the approval of the legislature.

4. The actions and decisions of the judges are immune from personal criticism. The judiciary has the power to penalize those who are found guilty of contempt of court. This authority of the court is seen as an effective protection to the judges from unfair criticism.

5. Judiciary in India is neither branch of the executive nor a hand-made of the Iegislture. It has an independent identity under the Constitution.

6. Our Constitution prescribes specific and high qualifications for the judges. Thus, only those persons who have specific qualifications and experience as prescribed by the Constitution can be appointed as Judges of Supreme Court.

7. Security of the service for the Judges is an essential quality for securing the independence of Judiciary. No Judge can be removed from the office except by impeachment and only on the grounds of proven misbehavior or incapacity.

8. The Judiciary in India enjoys the vast jurisdiction. It is no way subordinate to the other organs of the government. Its decisions bind all. Such a powerful position helps the Judiciary to maintain its independence.

Question 15.
Explain any three powers and functions of the Governor.
Answer:
1) Legislative Powers and Functions: Article 168 describes that the Governor is an integral part of the State 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 addressing the first session of State Legislative Assembly every year i.e. budget session.
• He appoints Pro4em 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 senty 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: 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 personal 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.

Question 16.
Write a note on the Legislative Assembly.
Answer:
Legislative Assembly is the Lower House of the State Legislature. The Members of Legislative Assembly are called M.L.As. According to Article 170 of the Indian Constitution, it consists of not more than 500 members and not less than 60 members. It means that it’s strength depends on the population and size of the state. But small states have been allowed to have less number of members. Thus Goa and Mizoram have only 40 members, while Sikkim has 32 Members.

Composition of the Legislatve Assembly: The Legislative Assembly is the popular and powerful chamber of the State Legislature. It is the lower house and resembles more or less the Lok Sabha at the Centre. It consists of representatives directly elected by the people of the State on the basis of universal adult franchise. Those who become members of State Legislative Assembly must be citizens of India and must be above 25 years of age.

Term of office: The normal term of Assembly is 5 years. It may be dissolved earlier by the Governor on the advice of the Chief Minister. The Parliament may extend it’s term by one year, when National Emergency is in force.

Presiding officers: The Presiding Officer of Assembly is known as Speaker. He is elected by the members of the Assembly. The Assembly also elects a Deputy Speaker to conduct the business of the House in the absence of the speaker.

Question 17.
Explain briefly the composition of High Court.
Answer:
The Constitution of India provides for a High Court for each state. But the 7th Amendment Act, 1956 authorised the Parliament to establish a common High Court for two or more states and a Union Territory

Composition: Every High Court shall consist of a Chief Justice and some other Judges. The President of India may appoint them from time to time. Besides, the President has the power to appoint Additional Judges for a temporary period not exceeding two years as an acting Judge, where a permanent Judge of a High Court is temporarily absent or unable to perform his duties. Such judges hold office until the permanent Judge resumes his office. The number of Judges varies from 5 in Gauhati High Court to 48 in the Allahabad High Court. Our Çonstitution does not specify the exact strength of High Court judge and leaves it to the discretion of the President. Accordingly, the President determines the strength of a High Court from time to time depending upon its workload.

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.
Public Interest Litigation (PIL).
Answer:
the Public Interest Litigation any person or group can approach the Supreme Court and High Court for the redressai of grievances on behalf of the victim or victims who were incapable of approaching the court. Under this new arrangements, a destitute citizen can file a writ petition even through a simple letter written on the postcard.

Question 19.
Cabinet Ministers.
Answer:
The Cabinet is a small boy consisting of Ministers holding the most important portfolios such as Home, Finance, Planning and Industries, etc. They enjoy independence in taking and implementing decisions concerning their Ministry. They attend the Cabinet meetings, concerned by the Chief Minister. Sometimes the Ministers of State and Deputy Ministers may attend the Cabinet meetings, in case their presence is needed during deliberations. They met frequently and determined the policies of the State Government under the Stewardship of the Chief Minister.

Question 20.
Deputy Chairman of Legislative Council.
Answer:
The Members of the State Legislative Council elect one among them as a Deputy Chairman. The Deputy Chairman performs the duties in the absence of the Chairman.

Question 21.
Rigid Constitution.
Answer:
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 22.
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 23.
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 24.
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 25.
Qualifications for contest in 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 26.
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 27.
Composition of 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 28.
Quorum of Lok Sabha.
Answer:
Quorum implies 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 29.
Removal of Supreme Court Judges.
Answer:
A judge of the Supreme Court can be removed from his position only on the grounds of proper 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 30.
Special responsibilities of the Government.
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 a special responsibility 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 Assim to the 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 31.
Privilleges 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 House Carot maintains 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 32.
Qualifications of the judges of High Court.
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 33.
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 34.
Legislative relations between Union and the State.
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 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 35.
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. Municipal council considers the matters relating to the Municipality.

Question 36.
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 multi-member constituency. Most of the modern states, including India, have followed single. Members constituencies for the elections to the lower houses of the legislature.

Question 37.
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.