AP Inter 2nd Year Civics Question Paper May 2017

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AP Inter 2nd Year Civics Question Paper May 2017

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 cames 10 marks.

Question 1.
Explain the salient features of Indian constitution.
Answer:
Introduction: The Indian constitution was prepared and adopted by the Constituent Assembly which was set up in 1946.
The Constituent Assembly took nearly three years (From December, 1946 to 25’ November, 1949) to complete the framing of the constitution.

The Constituent Assembly approved the Indian Constitution on 26th November, 1949. The Indian constitution came into force on 26th January; 1950. Which we have been celebrating as The Republic Day”. The following are the salient or basic features of the Indian constitution.

1. Preamble: The Indian constitution begins with a preamble. The preamble clearly defines the objectives of our constitution. It declares India as a Sovereign, Socialist, Secular, democratic Republic. It provides liberty, equality, fraternity, and justice. It states that the people of India are the chief source of the political authority.

2. A Lengthy Written Document: The Constitution of India is the most written, lengthy, and detailed document in the world. In 1950, the Indian Constitution had 22 parts, 8 schedules, and 395 articles. After subsequent amendments, it contains 12 schedules and 444 articles for the present.

3. A combination of rigidity and flexibility: The constitution of India is a blend of rigidity and flexibility. Our founding Fathers were programatic enough to provide for rigidity and flexibility as the situation demands. Article 368 provides the details of the amendment procedure.

i) Some of the provisions limit admission of New states (Ex: Telangana), provisions relating to citizenship, salaries and allowances of the members of the constitutional bodies like President, Vice-President, Supreme Court and High Court judges, etc. Can be amended by simple majority It is said to be flexible.

ii) Some provisions can be amended by a special majority i.e., not less than Two-thirds of the members of the House present and voting. Ex: Fundamental Rights, Directive Principles of state policy etc. It is said to be half rigid and half flexible.

iii) Some provisions can be amended by a two-thirds majority of the Parliament and with the concurrence of half of the states. Ex: Election of the President, executive powers of the union and the states, distribution of legislative powers between the union and the states, etc. It is said to be rigid.

4. Quasi-Federal polity: India is a states according to the constitution. Our constitution contains both the features of unitary and Federal Governments. It prescribed unitary system in emergencies and Federal system on ordinary occasions. Provisions of unitary state such as Single Citizenship, Single Integrated Judiciary, Single Election Commission, Role of All India Services Personnel, etc., are found in our constitution. At the same time certain federal features like written, rigid constitution, Dual government, Bicameralism etc., are profoundly seen in our constitution. Thus it is a Quasi-Federal. Polity like Canada.

5. Republican government: Unlike the colonial Master, the UK, India preferred a Republican government. Here all public
offices right from World members to the top president of India are open to all eligible citizens and there is no place for hereditary principles.

6. Parliamentary government: The constitution of India provided a Parliamentary government of the British type but with an elected President of Irish Model. Accordingly, the features of a Parliamentary government such as two executive heads, Ministerial accountability to the lower house of the legislature, Prime Minister leadership, etc., are prevalent in our political system.

7. Fundamental Rights and Fundamental Duties: Part – III of the constitution, Articles from 12 to 35, provides for a set of
basic human rights to all. They are justifiable and ensure basic freedoms.
They are six in number.

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.

The 42nd Amendment to the constitution in 1976 incorporated the fundamental duties in Article 51A under part – IVA. Though they are not justiciable. But they put an obligation on the citizens to render certain duties in return for the protection they have been enjoying through fundamental rights. Fundamental duties relate to respecting the constitution, the National Flag and National Anthem, safeguarding public property etc.

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

9. Universal and Adult Franchise: 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 61st constitution, Amendment Act in 1988.

10. Secular state: 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.

11. Independent judiciary: 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.

12. Directive principles of state policy: Our constitution hinted out certain directive principles as the policy of the state in part IV from Articles from 36 to 51. These principles are drawn from Irish constitution. These principles reflect the welfare state concept. They are the directions to be followed by the various governments. Equal pay for equal work, provision of employment opportunities, fair distribution of wealth, old age pension, protection of ill health, provision of education, protection of women and children, etc., are the some examples of these principles. Though these principles are non-justiciable, No responsible government can afford to ignore them.

13. Bi-cameralism: The constitution of India introduced Bicameralism at the National level. Accordingly, The Indian Parliament consists of two houses namely the Rajya Sabha (upper house) and the Lok Sabha (lower house). While the Rajya Sabha represents the states, the Lok Sabha represents the people.

14. Panchayati Raj and Nagar Palikas Acts: The Panchayati Raj and Nagar Palikas Acts are recent features of our constitution. The 73rd and 74th Constitutional Amendment Acts gave constitutional recognition to the Rural and Urban local governments. Which came into force in 1993 and 1994 respectively had become operative all over the territory of India. The ideals of democratic decentralization or the grassroots democracy are realised by these acts.

These acts provides for adequate representation for women, scheduled castes, scheduled tribes, and other weaker sections in the policy-making bodies of the local governments.

Question 2.
Explain any five differences between Fundamental rights and Directive principles of state policy.
Answer:

Fundamental rights	Directive Principles
1) The concept was borrowed from American constitution.	1) The concept was borrowed from Irish Constitution.
2) These aim at establishing a political democracy in the country.	2) These aim at establishing a social and economical democracy in the society.
3) These are justicable and then enforced by the courts.	3) These are non-justicable and cannot be enforced by the courts.
4) These are personal and Individualistic in nature.	4) These are societarian and socialistic in nature.
5) These promote the welfare of the Individual.	5) These promote the welfare of the society.

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:

• He summons from time to time each House of Parliament, adjours and prorogues either or both the Houses.
• He addresses either House separately or both the Houses Jointly.
• He can dissolve the Lok Sabha on the advice of the Prime Minister.
• He opens the first session of Parliament after the General Elections and at the commencement of the first session of each year.
• He can send messages to the Parliament.
• He arranges a joint session of both the Houses when there is a deadlock over an ordinary bill.
• All bills passed by Parament require his assent for becoming in acts.
• He nominates 12 members to Rajya Sabha and two Anglo-Indian members to Lok Sabha.
• He promulgates ordinances when the Parliament is not in session.
• He sends the annual reports of the 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.
Describe the powers and functions of the Speaker.
Answer:
Articles 93 to 97 of the Indian Constitution deal with the office of the Speaker of the Lok Sabha. The Speaker acts as head of the Lok Sabha, guardian of members and principal spokesman of the house. He enjoys Supreme Authority and power on the floor of the house.

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

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

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

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

Powers and functions of the Speaker:

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

Question 5.
Estimate the powers and functions of the District Collector.
Answer:
Power and Functions of District Collector: The District Collector enjoys vast power and performs several functions as the head of the district administration. These may be explained as follows :
A) The Collector as District Revenue Officer: The Collector is the Chief District Revenue Officer. He, in that capacity, serves as the chief guide to the farmers in the district by fulfilling several obligations. His revenue functions include various activities such as a collection of land revenue, sanction of agricultural loans to farmers, rescuing the farmers in times of natural calamities by assessing the loss incurred by them, rendering assistance to the union and state authorities in emergency relief measures, etc.

B) The Collector as District Magistrate: The Collector acts as the District Magistrate. He will have supervision over the activities of the district police personnel. He sees that law and order conditions in the district are normal. For this purpose he will be assisted by a large number of police personnel. The district superintendent of police and other police officers owe a responsibility to the Collector in matters such as supervision over police personnel prisons etc,. The Collector can inspect the police stations in the district. He is empowered to issue prohibitory orders on the occasion of breakdown of law and order. He can issue firing orders when all peaceful efforts failed in the restoration of normal.

C) The Collector as Chief Coordinator: The District Collector acts as the chief co-ordinator of various government departments in the district. He acts as the chief counsel and co-ordinator of the departments such as agriculture, irrigation, co-operation and labor affairs.’ The heads of these departments shall oblige and implement the suggestions and guidelines of the collector in the district. Even though these heads formulate their policies independently, they are answerable to the District Collector in their discharge of their obligations.

D) The Collector as District Electoral Officer: The Collector acts the chief district electoral officer. He serves as the main agent of the Election Commission of India for conducting elections to the various representative bodies in the district. He takes steps for conducting the elections in fair and impartial manner. These include preparation of electoral list and its modification, hearing public grievances on voters list, registration of new voters, appointing returning officers assistant returning officers etc.

E) The Collector as the Chief Census Officer: The Collector acts as the chief census officer in the district. He on behalf of the union and state governments, takes steps for holding census operations in the district for every ten years. He also sees that the statistical data regarding the number of much cattle, trees, and domesticated animals in the district is collected properly. He also compiles such other information as required by the higher authorities in regard to the construction of houses for the poor, family welfare, women empowerment, rural infrastructure, etc.

F) The Collector as Permanent invitee of Local Bodies;
The District Collector is a permanent invitee to the meetings of Panchayat Raj and urban local bodies in the district. He acts as a main link between the union and state governments and district local bodies on various matters. He participates in the normal emergency meetings of Zilla Parishad and mandal parishads in the district. He sends confidential reports to the state government on the nature of the functioning of these bodies. He conducts the meeting meant for considering the no-confidence motion against the Zilla Parishad chairman.

Other Functions: This Ditrct Collector also performs the following functions.

1. Matters concerning the welfare of Ex-servicemen.
2. Provision of irrigation facilities.
3. Supervision over sub treasuries.
4. Co-ordinating the activities of various government departments.
5. Supervising the training programmes for Junior Officers.

Role of District Collector in Local Government: The District Collector plays a crucial role in the affairs of local governments in the district. He serves as the friend, philosopher, and guide to the common men living in the district. He also serves as a link between people and local bodies in the district. Normally the common men seek guidance and solace from the Collector in times of natural calamities and other unforeseen contingencies.

The Collector makes recommendations to the state government in regard to the working of the local bodies in the district. His valuable remarks are required for constituting new gram panchayats and mandal parishads in the district. The entire administrative, revenue, police, health, educational, and agricultural personnel working in rural areas depend to a great extent upon the advice and suggestions forwarded by the Collector on may occasions. He sees that the farmers in the district receive sufficient agricultural inputs such as fertilizers, water, rural credit, marketing facilities etc.

He supervises the activities of village extension officers and sees that the farmers receive various types of assistance for carrying on their agricultural operations smoothly. He also sees that all persons below poverty line will receive, ration and pension facilities. The fact that the Collector heads more than one hundred committees at the district level demonstrates his role in district affairs. He, like the Chief Minister 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 (WREGS), 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).

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.

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 source of the 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, president’s 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, 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 Assembiry 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 safe guarding of the independence, sovereignty, integrity, law and order.

Question 8.
Mention any two jurisdictions of the Supreme Court.
Answer:
1. Original Jurisdiction: The original jurisdiction of the Supreme Court is purely of federal in nature. This power is confined to disputes between

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

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

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

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

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

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

• a substantial question of law and
• the decision of the Supreme Court.

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

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

Question 9.
Explain any three powers an 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 sent 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 the 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 personnel working in the state.

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

1. 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.
2. The Governor appoints the Advocate General of the State.
3. He makes appointments, postings and promotions of the District Judges in consultation with the Chief Justice of High Court of the State.
4. 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.
5.  He can grant pardon, retrieve, remit and commute the sentence of any person convicted of any offense against any law of the concerned state.

Question 10.
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 Expenðfture 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 11.
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 the State function under the direct supervision and control of the State High Court.

Question 12.
Discuss the Administrative relations between the Union and the States in India.
Answer:
Articles 256 to 263 in Part XI of our Constitution deal with the administrative relations between the Union and States. They are discussed under the following heads:

• during emergencies,
• in normal times.

In normal times: In normal times, our Constitution has devised techniques of control over the states by the Union to ensure that the State Governments do not interfere with the legislative and executive policies of the Union. The Union Government exercises its influence over the State Governments in the following ways. The Union Government is empowered to issue directions to the State Governments in the following matters:

• To ensure due compliance with the Union laws in the implementation of the State laws.
• To ensure that the exercise of the executive power of the State does not impede the implementation of the Union laws.
• The ensure the Constitution and the Maintenance of the means of communication of military or national importance.
• To ensure protection of Railways within the state.
• To devise and execute schemes for the welfare of the tribal communities as mentioned in the directions.
• To secure the provisions of the adequate facilities for the instruction in the mother tongue at the primary stage to linguistic minorities.
• To ensure the development of Hindi language.
• To entrust certain functions of the Centre to the State and its officers and the Centre will meet the additional expenditure involved in carrying out such functions.
• To issue directions to the State for the welfare of the scheduled castes and Scheduled Tribes.
• The State Governments have to see that the laws made by the Parliament and other laws prevalent in the State are property executed. The Union Government is empowered to give directions to the States for this purpose.
• The Parliament can frame rules regarding the settlement of disputes between two States with regard to the use of water and boundaries.
• The President is empowered to constitute an Inter-State Council to advise the State in settling their disputes.
• The personnel belonging to All India Services working in the State are governed by the rules, regulations and service conditions laid down by the Central government only. They can be removed only by that government.
• The Central Government dispatches the central resource power to the States for tackling any situation of disturbances affecting law and order conditions in the State.
• The Union can impose presidential rule in any State if there is a breakdown of the Constitutional machinery in the State.
• The Election Commission, an independent Constitutional body constituted by the Central Government conduct elections of the Union and State legislatures.
• The Parliament can empower to make grants in aid to any State which is in need of such assistance.

During Emergencies: 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 Judges.

Question 13.
Evaluate the recommendations of the Sarkara Commission.
Answer:
The Union Government appointed a three-member Commission on Centre-State relations under the Chairmanship of R.S.Sarkaria, a retired judge of the Supreme Court. B.Sivaraman, S.R.Sen, and Rama Subramaniam were appointed as other members. The Commission was asked to overhaul and review the working of existing arrangements between the Union and States in all spheres as and recommend such changes and measures as may be appropriate. It was initially given one year time to complete its work, but its term was extended four times. The final report was submitted on October, 27, 1987 and the summary was later officially released in January, 1988.

The Sarkaria Commission made 247 recommendations to improve the center-state relations. The important recommendations are mentioned below:

1. A permanent Inter-State Council called the Inter-Governmental Council should be set up under Article 263.
2. Article 356 (Presidents Rule) should be used very sparingly in extreme cases as a last resort when all the available alternatives fail.
3. The institution of All India Services should be further strengthened and some more such services should be created.
4. The residuary powers of taxation should continue to remain with the Parliament, while the other residuary powers should be placed in the Concurrent list.
5. When the President withholds his assent to the State bills, the reasons should be communicated the State Government.
6. The National Development Council (NDC) should be renamed and reconstituted as the National Economic and Development Council (NEDC).
7. The zonal councils should be constituted afresh and reactivated to promote the spirit of federalism.
8. The Union should have powers to deploy its armed forces, even without the consent of States. However, it is desirable that the States should be consulted.
9. The Centre should consult the States before making a law on a subject of the Concurrent List.
10. The procedure of consulting the Chief Minister in the appointment of the State Governor should be prescribed in the Constitutional itself.
11. The net proceeds of the Corporation tax may be made permissibly shareable with the States.
12. The Governor cannot dismiss the Council of Ministers so long as it commands a majority in the assembly.
13. The Governor’s term of five years in a State should not be disturbed except for some extremely compelling reasons.
14. No commission of enquiry should be set up against a State Minister unless a demand is made by the Parliament.
15. The surcharge on income tax should not be levied by the Centre except for a specific purpose and or a strictly limited period.
16. The present division of functions between the Finance Commission and the Planning Commission is reasonable and should continue.
17. Steps should be taken to uniformly implement the three language formula in its true spirit.
18. No autonomy for radio and television but decentralization in their operations.
19. No change in the role of Rajya Sabha and the Centre’s power to reorganize the States.
20. Giving powers to the Municipalities to issue tax-free bonds.

The Union Government has implemented 180 (out of 247) recommendations of the Sarkaria Commission. The most important is the establishment of the Inter-State Council in 1990 but it has not served the purpose.

Question 14.
Write a Note on the Electoral Reforms.
Answer:
The Electoral Reforms will ensure the free and fair elections in the country. The successful functioning of Indian democracy depends on the electoral reforms.

Some Electoral Reforms proposed:

1. The donation of companies to the political parties should be strictly banned.
2. The accounts of the political parties are to be audited by the Election Commission periodically.
3. The number of members of the Election Commission shall be raised.
4. The limit on election expenditure of the candidates must be proper, practical and realistic.
5. The announcement of new policies, projects and programmes by the party in power during elections should be banned.
6. The members of the election commission should be appointed by the president on the advice of the prime minister, leader of the opposition in the Lok Sabha and the chief justice of India.
7. The government should meet the election expenditure of the candidates.
8. The election commission should be authorised to invalidate the election of a candidate if it was proved that he had used government machinery during elections.
9. Notification should be issued to the voters and electronic voting machines should be introduced after fool-proof arrangements.
10. The candidate who secure 51 percent of the polled votes shall be declared as winner.

Question 15.
Explain briefly about the Bharatiya Janata Party.
Answer:
Bharatiya Janatha Party is one of the All India Parties in India. It was established on April 6, 1980. Earlier it was known as
Bharatiya Jan Sangh was founded by Shyam Prasad Mukherjee on October 21, 1951. Deenadayal Upadhyaya, Atal Bihari Vaj Payee, Lal Krishna Advani, Murali Manohar Joshi, Jana Krishna Murthy, Kushbhav Thakre, and Venkaiah Naidu acted at its presidents. Although initially unsuccessful, winning only two seats in the 1984 general election, it grew in strength on the back of the Ram Janmabhoomi and Babri Majid issue. Following victories in several state elections and better performances in national elections, the BJP became the largest party in the Parliament in 1996; however, it lacked a maòrity in the lower house of Parliament, and its government lasted only 13 days. After the 198 general elections, the BJP-led coalition known as the National Democratic Alliance (NDA) formed a government under Prime Minister Atal Bihari Vajpayee for a year.

Following fresh elections, the NDA government, again headed by Vajpayee, lasted for a full term in office; this was the first non-Congress government to do so. In the 2004 general election, the BJP-led NDA suffered an unexpected defeat, and for the next ten years the BJP was the principal Opposition party Long time Gujarat Chief Minister Narendra Modi, a principal campaigner and charismatic leader of the party, led it to a landslide victory in the 2014 general elections. Since that election, Narendra Modi leads the NDA government as Prime Minister with the alliance of 13 states owned parties.

Sri Amith Shah is the present President of the party. The party had spread its influence in Madhya Pradesh, Chattisgarh, Jharkhand, Rajasthan, Gujarat, Himachal Pradesh, Delhi etc.

Policies: Bharatiya Janatha Party favours a strong unitary state in place of the present quasi-federation. It has the following policies.

1. The party is committed to adopt the principles of nationalism, democracy, value-based politics, national integration, positive secularism, and Gandhian socialism.
2. It strives to implement five concepts, namely Suraksha, Sucharita, Swadeshi, Somrastha, and Suvajya.
3. It aims at the construction of Ram temple at Ayodhya, abrogation of Article 3 to, and implementation of Uniform Civil Code.
4. It also aims at adopting electoral reforms.
5. It believes in the implementation of Swadeshi and Swabhiman policies.
6. It also aims at the adoption of a practical non-aligned policy in foreign affairs. It faours settlement of all disputes with the neighboring states through dialogue and discussion. It strongly believes in the utilization of nuclear energy and arms for achieving peace and prosperity. It demands more democratization of the United Nations Organisation by expanding the membership of the security council.
7. It favours the continuation of the economic reforms initiated by the earlier governments through the policies of liberalization, privatization and globalization.
8. It vehemently opposes dynastic rule, assigning top executive offices and strongly supports decentralization of power and empowerment of women.

Question 16.
What are the powers and functions of Information Commission?
Answer:
The following are the powers and functions of information commissions both at the central and state levels.
1. The Central Information Commission State Information Commission (CIC/SCIC) has a duty to receive complaints from any person

• Who was not been able to submit an information request because a PIO has not been appointed?
• Who has been refused information that was requested?
• Who has received no response to his/her information request within the specified time limits;
• Who thinks the fees charged are unreasonable;
• Who thinks the information given is incomplete or false or misleading; and
• Any other matter relating to obtaining information under this law.

2. Power to order inquiry if there are reasonable grounds.

3. The Central Information Commission / State Information Commissions (CIC/SCIC) will have powers of the Civil Court such as-

• Summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things.
• Requiring the discovery and inspection of documents.
• Receiving evidence on affidavit.
• Requisitioning public records or copies from any court or office.
• issuing summons for examination of witnesses or documents.
• Any other matter which may be prescribed.

4. All records covered by this law (including those covered by exemptions) must be given to Central Information Commission / State Information Commission (CIC / SCIC) during inquiry for examination.

5. Power to secure compliance of its decisions from the Public Authority includes

• Providing access to information in a particular form.
• Directing the public authority to appoint a PIO / APIO where none exists.
• Publishing information or categories of information.
• Making necessary changes to the practices relating to management, maintenance, and destruction of records.
• Enhancing training provision for officials on RTI.
• Seeking an annual report from the public authority on compliance with this law.
• Require it to compensate for any loss or other detriment suffered by the applicant.
• Impose penalties under this law.

Question 17.
What are the different options suggested by Sri Krishna Committee regarding the status of Andhra Pradesh.
Answer:
The government of India constituted a Committee for consultations on the situation in Andhra Pradesh on February, 2010 headed by Justice B.N.Sri Krishna. It Examined two main issues namely:

• The demand for separate statehood of Telangana.
• Keeping the state united in the present form, Andhra Pradesh.

The Committee submitted its report on 30 December, 2010 to the union home ministry. The committee’s report contained the following six options.

1. Maintaining the status quo.
2. Bifurcation of the state into Seemandhra and Telangana. Each state is to develop its own capital. Hyderabad is to
   be converted into a Union Territory.
3. Dividing A.P into two states – one of Rayala Telangana with Hyderabad as its capital and the second one of the coastal Andhra Pradesh.
4. Dividing Andhra Pradesh into Seemandhra and Telangana with Hyderabad metropolis as a separate union Territory. It will be linked geographically to Guntur district in coastal Andhra via Nalgonda district in the south East and via Mahaboob Nagar district in the South to Kurnool district in Rayalaseema.
5. Bifurcation of the state into Telangana and Seemandhra as per existing boundaries, with Hyderabad as capital of Telangana and Seemandhra to have new capital.
6. Keeping the state united and providing for creation of statutorily empowered Telangana Regional Council for the Socio-economic development and political development of the Telangana Region.

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.
Preamble.
Answer:
The Indian constitution begins with a preamble. The preamble clearly defines the objectives of our constitution. It declares India as a sovereign, as a socialist, Secular Democratic Republic. It provides liberty, equality, fraternity and justice. It states that the people of India are the chief sources of the political authority.

Question 19.
Significance of Fundamental Duties.
Answer:
Fundamental duties are considered most significant from the following viewpoints.

1. The Fundamental Duties act as a reminder to the citizens that while enjoying their rights, they should also be conscious of duties they owe to their country, their society, and to their fellow citizens.
2. They serve as warning against antinational and anti-social activities.
3. They serve as the source of inspiration for the citizens and promote sense of discipline and commitment among them.
4. They help the courts in examining and determining the constitutional validity of a law.

Question 20.
Chairman of Rajya Sabha.
Answer:
The Vice President is the ex-officio chairman of the Rajya Sabha. As such he enjoys the same powers like the speaker of Lok Sabha such as

1. Presiding over the meetings of Rajya Sabha.
2. Maintaining discipline, decency, and decorum in the House.
3. Exercising casting vote in case of a tie.
4. Protecting the privileges and rights of the members.

Question 21.
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 22.
Qualifications of Rajya Sabha member.
Answer:

1. He shall be a citizen of Idia.
2. He shall have completed 3o years of age.
3. He should not hold any office of profit under union state or local government.
4. He shall possess such other qualifications as prescribed by the Parliament.

Question 23.
Question Hour.
Answer:
In both houses of Parliament, first hour is allotted to question hour. The members, by giving notice to the presiding officer, can ask questions pertaining to public issues, administrative inefficiency or about the role of the government.

Question 24.
High Court as a court of record.
Answer:
The State High Court acts as a court of Record. It records all its decisions and judgements. Such records are of great significance. They carry evidentiary value. They are taken as Judicial precedents to the Judges and Advocates in legal matters.

Question 25.
The Chief Minister.
Answer:
The Chief Minister is the center of the real executive authority at the state level. He plays a decisive role and occupies a key position in the State Government. The progress of the people and development of the state largely depends upon the Cabinet, Personality, Preservance, and political stature of the Chief Minister.

Question 26.
Cabinet minister.
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 determine the policies of the State Government under the Stewardship of the Chief Minister.

Question 27.
Qualifications of M.L.C.
Answer:
A person who wishes to contest for the membership of the State Legislative Council must possess the following qualifications.

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

Question 28.
Quorum.
Answer:
Quorum is the minimum number of members required to be present in the house before it can transact any business. According to Article 188 of the constitution, the Quorum for conducting the State LegislatÏve Assembly meeting was fixed at 1/10th of the total membership. However, in some states, where the strength of the State Legislative Assembly is very less, the quorum will be a minimum number of 10. The speaker decides whether there is a quorum or not on a particular day.

Question 29.
Appointment of High Court Judges.
Answer:
The Chief Justice of High Court is appointed by the President after consultation with the Chief Justice of India and the Governor of the concerned State. The other judges of High Court are appointed by the President with the consultation of the Chief Justice of High Court of the concerned State. In the case of a common High Court for two or more States, the Governors of concerned States are consulted by the President.

Question 30.
NITI Aayog.
Answer:
The NITI Aayog (National Institute for Transforming India) is tasked with the role of formulating policies and directions for the government. Its governing council will consist of the Chief Ministers of all the states in Indian Union and the Lieutenant Governors of the Union Territories.

Question 31.
Gram Sabha.
Answer:
There will be a Gram Sabha in every Panchayat. it comprises all the adult citizens who have been entitled to vote. It meets at least twice a yeat It discusses and approves the administrative and audit reports. It identifies the beneficiaries of development schemes. It takes steps for mobilizing voluntary labour for community welfare programmes. The Union Government directed the state governments to make arrangements for convening Gram Sabha on April 14 of every year. (Second one in the month of October).

Question 32.
Cantonment Board.
Answer:
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-officio categories. There will be a General Officer on Command (GOC) for every Cantonment Board.

Question 33.
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 neighbors. One man cannot represent all traders. Hence, representation should be on a 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 touchy task.

Question 34.
Composition of Election Commission of India.
Answer:
Article 324 of the constitution has made the following provisions with regard to the composition of election commission. Since its inception 1950 and till 15th Oct, 19, the election commission functioned a single-member body consiting of the Chief Election Commissioner. 16th October, 1989 the President of India appointed two more election Commissioners to cope up with the increased work of tle Election Commission. Thereafter, the Election Commission started functioning a multimember body consisting of 3 Election Commissioners.

Question 35.
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, BJP in Odissa etc.

Question 36.
Multi-Party system.
Answer:
In a multi-party system, there are more than two parties operating in a political system. Ex: This type of party system is in existence in India, France, Sweeden, etc.

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.