SOCIETY
Q1. Explain with examples:
a) Social interdependence: Man cannot produce or manufacture all his needs. He is forced to be dependant on other and that is where the society steps in. Society is based on interdependence and it can be of many types for instance economic interdependence where millions of things are produced and sold. Production is wasted if there is no selling and selling is not possible if there is no production.
For example, production of cloth. Cotton is first grown by the farmer. He has to depend on the carpenter to make the plough, he may have to borrow the finance needed from the bank and seeds from the local shopkeeper. Cotton is produced. He has to sell it to the mill owner through the wholesaler. The mill owner processes and produces the cotton products and it is sold to the wholesaler, then to the retailer and ultimately to us.
b) Modern and Pre-industrial society: History is witness to the fact that man has never lived in a single type of society. Indus valley civilization had a different kind of society, where the tools used were what we call the most primitive. The changes that took place led to the era of empires like Ashok and Akbar where there were laws to be abided and the modes of transport and trade and communication had improved when compared to the earlier eras. But there were not large scale productions going on and the government too was most simple. The king was all powerful in his kingdom and his word was law.
But the society changed after industrialization through the production was done, it was being done on a large scale, it was diversified too. The ways to produce goods were different and a unique type of society developed where there were capitalists, middle classes and workers. Though capitalists controlled the industry but with many revolution that took place the workers too started having a say in the concerned matters too..
The industrial society is more complex when compared to pre-industrial society. The way the people live is in complete contrast when you compare both the societies. The class divide too is completely different and more complex. The means of trade and communication which were simple have now tuned more complex. The present society has changed the world into a global village where one can communicate easily with the persons in any part of the world.
c) Industrial revolution: In the later half of the 18th century. Renaissance took place in most of the parts of Europe. There was enormous change in the way production of goods was done. It was done at one place where hundreds of men and women work together on the machines. It was less personalized and more mechanized. The factories expanded so fast that there were jobs and opportunities but the cities also grew in an unplanned way. The industrial revolution changed the production method to large scale machineries were used and steam was used and this revolutionized production where the end product was more perfect with no room for products with low quality.
d) Colonialism: The control of one nation over another is called imperialism. Due to industrialization, when the production of goods went up, there was not enough market to locally now did the maximum of Europeans have enough purchasing power. The producers had to search for new markets, encouraged by the governments set up colonies in the countries of Asia and Africa. The colonies were not only ready markets for finished goods but also were steady suppliers of raw materials too. By the end of 19th century there were two types of countries one that were the imperialists and the other which were the colonies of the imperialist nations.
e) Functions of the family.: A family is the most simple organization in the social structure. A family shows interdependence among the family members. It develops attitudes in a family. It shapes the habits to make own decisions. A family helps for the total development of an individual so that he can take decisions in the socio and political lives. Though interdependence is taught and inculcated to an individual, he is also taught about individualism where he is taught not only to be submissive but also to assert his rights and stand up for his opinion.
A family readies an individual for the society. A balanced family brings out a balanced individual who is an asset to the family but an imbalanced family brings out an imbalanced individual, who is not only a burden to the society but also to the country.
f) Joint / nuclear family : Our country is a country of joint families where more than one family lives together in a house. A joint family helps for the total and wholesome development of an individual where a person is never alone. The total support of the family is present. It acts as a cushion when a person can lean on at his time of need. A joint family was and is still existing in rural areas where the total family is totally dependent on the land generation to generation and they are closely knit.
But the industrial revolution changed all this when the men had to go to far off places for better standard of living. This led to break up of joint family system and the nuclear families came into being. The nuclear family has its advantages where both the parents are working but when the need arises the support of a joint family is non-existing.
Q2. How many types of societies are you aware of?
The different types of societies are feudal, industrial and modern.
Q3. What are the effects of industrial revolution?
Industrial revolution had many effects. The speed of production increased three fold. Many inventions were made to meet the growing demands of industrialization. The villages were empty and cities started expanding on a very fast scale and this led to the development of unplanned cities. Industrialisation did lead to better standard of living among he individuals but had many negative effects too. Industrialization brought about a new kind of society altogether where monarchy was no longer in existence. Democratic setup came into being. But the effects of industrialization were not always good. The unplanned cities led to the growth of slums and epidemics and general ill health. The society was more complex now and than earlier and this led to the breakup of the traditional family system.
Q4. How does one control the evils of industrialization?
Industrialization has led to many evils. The way the societies changed though were for better living did have evil effects like drinking, unemployment, poverty and increased lawlessness. The family support system vanished and individualism with strong sense of personal benefit came to the fore front. It also developed mistrust of one individual towards another and this mistrust of one country to another led to the world wars being fought. This ultimately led to the destruction of old ways of living and trusting one another. The joint family system completely vanished and gave way to nuclear family system.
But the evils of industrialization can be controlled with a basic support of the most simple form of social organization i.e. the family. A healthy family, which is healthy both physically and mentally can provide qualitative citizens which can slowly and steadily rout out the evils of industrialization and work for the all round development of the nation. A healthy citizen can work for the change and development of the society at large.
ECONOMIC BACKWARDNESS:
Economic backwardness depends on purchasing power of the mass population or it can also be the standard of living of the people of the country. In an economically backward country, the purchasing power of the people is low. This can be that the country is under developed where the education is backward and most of the population of the country lives below the poverty line.
A country can be economically backward where the population has no proper living conditions, no proper education system and so naturally the social structure too collapses. A country’s progress is totally dependent on its economy and any government has to work had to make its country economically progressive.
Wednesday, April 1, 2009
Citizens
CITIZENS
Q1. What does the word citizen mean?
Ans: A citizen is not any person who lives in any country not is he just an inhabitant. He does not merely live in any area but actively participates in the process of the government. A citizen has political rights and is protected by the law of the land. If there are not political rights, then there are no citizens.
Historically there were no citizens only the ruler and the ruled. The governments would tell the people what to do and what not to do and would not listen in return. They were basically feudal societies. But with revolutions like the American and the French, the society changed from monarchy to democratic with declarations of equal rights but equal rights were not granted to the local population. Only a person with property could vote and exercise his suffrage. But with many suffrage movements that took place the right meaning to the world citizen was given that is equal right to every person who is living in that country or state.
Q2. How die the word come up?
Ans.: The word citizen has long history. Though the true definition for the word citizen cannot be given in the country which does not have a democratic rule because here the citizen does not have the right to express his opinion. But the true meaning of the citizen came up after the revolution of America and France.
Previously though citizens did exist in the feudal society, only those with property were truly citizens and only they could take active participation in the government process. But with the many movements and wars that came up, a new meaning to the word citizen was given i.e. any person who is living in that country and is protected by the rights of the constitution of that land, is called the citizen of that country.
Q3. How did the politics go on in the feudal societies?
Ans.: In the olden eras, the people were ruled by the rulers. They framed laws and passed it on to the people they ruled. Those who were ruled had duties but they never had any rights. Though England was the first country to become democratic with monarchy being present on the side, still the subjects did not have total rights. Only the noblemen and aristocratic classes had tota rights. Nazi and fascist societies some of the brutal kinds of societies where the dictators dictated and the people had nil rights. France though enjoyed total democracy after French revolution, but still these countries were very ruthless when it came to their colonies.
These feudal societies gave rights to the people with property and those people who belonged to the ruling classes. The peasants and the slaves did not have any ;rights at all. They were always burdened with the taxes while the upper social classes had not burden of taxes at all. Politics in these feudal societies went on with the idea that men were not equal. So the laws framed too were not equal and never really for the welfare of the subjects but only to the aristocracy.
Q4. What is a democratic government?
Ans: A democratic government is one which is elected by the people and therefore has to work for them. It is accountable to the actions that it performs. All the people who live in that country have equal rights and the most fundamental right i..e. the right to vote. History is witness to the fact that todays democratic government has undergone innumerable changes to gain its present form. The rule that only persons with property could vote was changed to one person one vote which changes in the democratic form of government.
A democratic government is an association one cannot escape or be indifferent. It has control over one and one’s action but one has freedom of speech and has freedom to participate in the process of the government. In a democratic government though many rights have been given to the cirizens for their protection but the government expects certain amount of response and responsibility from its citizens.
A democratic state particularly depends on the quality of citizens. Passive citizens cannot form a qualitative democratic state. A democratic government can be a success only when there is equal participation from both the sides. Increased participation of ordinary citizens makes the government more responsive and the citizens more responsible.
Q5. What are rights?
Ans: Rights and duties are always linked. One can define rights as what the citizens can demand from the government. In an actual state the rights are of many different types. They refer to civil, political, social, economic and cultural aspects of life. Rights are meant to be opportunities for the expression of the potentialities in people.
The Indian constitution for instance gives a number of rights to its citizens. These are called the fundamental rights.
The rights enjoyed by the Indian citizens are :
Right to equality
Right to Freedom, cultural and educational rights.
Right to religious freedom.
Right against exploitation.
Right to constitutional remedies.
To begin with the right to property was a fundamental right. Under the 44th amendment this right has been omitted. However, it remains a legal right. There is a right to constitutional remedies through which a citizen can being the government to court and protect his rights. This is a right about rights.
Rights always imply duties. Formerly when the duties of the Indian citizen were not spelt out in the constitution, they were implied. Later it was decided to include them in the constitution explicitly. This has been done to clarify the relationship between rights and duties.
Q6. Relation between democracy and citizenship.
Democracy is a form of government which is formed by the citizens of the country and there cannot be a democratic form of government where there are no citizens. Citizens of a country mean those who have complete rights of the land and the most fundamental right being the right to form government. A democratic government exists only when there are citizens who enjoy complete rights. There can be no complete democracy where the citizens have no rights but only duties to perform as in the olden days where the kings would form laws and pass it on to the subjects and the subjects were expected to follows the laws of the kingdom. The subjects did not have any rights to raise their voice against any law and any voice that would arise would be punished severely. But in a democratic form of government, this is not so. Every citizen without giving consideration to his financial, educational and religious status can raise his voice against any law that may be harmful for the citizens in general. Thus a democratic form of government is formed and does exist only when there are citizens in the country and the citizens exist only when there is a democratic form of government in the country.
Q7. A police state and a welfare state.
In today’s form of democratic government, the government is not just expected to maintain the law and order of the state or to maintain the traffic and punish the criminals. The government of today is expected to make life easier for the general public like building of roads, providing of better means of living and in all providing among other things a better infrastructure. Today’s democracy is a welfare democracy where the government provides for the better life of the people or else it is answerable to the people. The government does have full responsibility of providing security internal as well as external to its citizens with the help of armed forces and also with the help of local law maintaining institutions like the police but it also has the responsibility to provide better standard of living for its citizens. Especially when today’s government is elected by the general public and general public tries to bring a welfare government to power. That government that works for a better standard of living and also provide better life for the people is brought to power by the people. Today’s government is both a police state and a welfare state.
Q8. Relation between rights and duties.
Rights are enjoyed by a citizen of any nation. Even if any person is in a country for a short period of time, then also he has certain rights. Rights are the most fundamental or most basic necessity of any person to live a honourable life and any country is bound to provide such rights to the citizens. Where the citizens donot enjoy any rights then that country cannot be termed a free nation it looses its stand as a democratic state. Enjoying rights are the basic rights of any citizen. As a citizen enjoys certain rights, he too has to perform certain duties which are of utmost importance to the nation and it is unwritten but expected of any citizen of any nation. Duties can also include allowing other citizens to enjoy their rights. Rights and duties go hand in hand in any democratic society and for a democratic society to succeed, the citizens have to enjoy their rights and also side by side perform certain duties for peaceful coexistence.
Q9. Relation between law and liberty.
Law in any nation sees to it that its citizen lead a qualitative kind of life. Law sees to it that the citizens are protected not only from criminals but also have every right to enjoy their rights. The liberty to live a qualitative life is provided by the law of the land. Law and liberty go hand in hand. The citizen has a certain amount of liberty and the law sees to it that he enjoys that liberty. Law is certain sets of do and don’ts that see to it that the nation does not become a lawless nation and liberty gives every citizen a right to lead and enjoy a qualitative life in any part of the land. Law and liberty go hand in hand as without law there is no liberty and without any liberty to enjoy the law the citizens do not enjoy a qualitative life.
Q1. What does the word citizen mean?
Ans: A citizen is not any person who lives in any country not is he just an inhabitant. He does not merely live in any area but actively participates in the process of the government. A citizen has political rights and is protected by the law of the land. If there are not political rights, then there are no citizens.
Historically there were no citizens only the ruler and the ruled. The governments would tell the people what to do and what not to do and would not listen in return. They were basically feudal societies. But with revolutions like the American and the French, the society changed from monarchy to democratic with declarations of equal rights but equal rights were not granted to the local population. Only a person with property could vote and exercise his suffrage. But with many suffrage movements that took place the right meaning to the world citizen was given that is equal right to every person who is living in that country or state.
Q2. How die the word come up?
Ans.: The word citizen has long history. Though the true definition for the word citizen cannot be given in the country which does not have a democratic rule because here the citizen does not have the right to express his opinion. But the true meaning of the citizen came up after the revolution of America and France.
Previously though citizens did exist in the feudal society, only those with property were truly citizens and only they could take active participation in the government process. But with the many movements and wars that came up, a new meaning to the word citizen was given i.e. any person who is living in that country and is protected by the rights of the constitution of that land, is called the citizen of that country.
Q3. How did the politics go on in the feudal societies?
Ans.: In the olden eras, the people were ruled by the rulers. They framed laws and passed it on to the people they ruled. Those who were ruled had duties but they never had any rights. Though England was the first country to become democratic with monarchy being present on the side, still the subjects did not have total rights. Only the noblemen and aristocratic classes had tota rights. Nazi and fascist societies some of the brutal kinds of societies where the dictators dictated and the people had nil rights. France though enjoyed total democracy after French revolution, but still these countries were very ruthless when it came to their colonies.
These feudal societies gave rights to the people with property and those people who belonged to the ruling classes. The peasants and the slaves did not have any ;rights at all. They were always burdened with the taxes while the upper social classes had not burden of taxes at all. Politics in these feudal societies went on with the idea that men were not equal. So the laws framed too were not equal and never really for the welfare of the subjects but only to the aristocracy.
Q4. What is a democratic government?
Ans: A democratic government is one which is elected by the people and therefore has to work for them. It is accountable to the actions that it performs. All the people who live in that country have equal rights and the most fundamental right i..e. the right to vote. History is witness to the fact that todays democratic government has undergone innumerable changes to gain its present form. The rule that only persons with property could vote was changed to one person one vote which changes in the democratic form of government.
A democratic government is an association one cannot escape or be indifferent. It has control over one and one’s action but one has freedom of speech and has freedom to participate in the process of the government. In a democratic government though many rights have been given to the cirizens for their protection but the government expects certain amount of response and responsibility from its citizens.
A democratic state particularly depends on the quality of citizens. Passive citizens cannot form a qualitative democratic state. A democratic government can be a success only when there is equal participation from both the sides. Increased participation of ordinary citizens makes the government more responsive and the citizens more responsible.
Q5. What are rights?
Ans: Rights and duties are always linked. One can define rights as what the citizens can demand from the government. In an actual state the rights are of many different types. They refer to civil, political, social, economic and cultural aspects of life. Rights are meant to be opportunities for the expression of the potentialities in people.
The Indian constitution for instance gives a number of rights to its citizens. These are called the fundamental rights.
The rights enjoyed by the Indian citizens are :
Right to equality
Right to Freedom, cultural and educational rights.
Right to religious freedom.
Right against exploitation.
Right to constitutional remedies.
To begin with the right to property was a fundamental right. Under the 44th amendment this right has been omitted. However, it remains a legal right. There is a right to constitutional remedies through which a citizen can being the government to court and protect his rights. This is a right about rights.
Rights always imply duties. Formerly when the duties of the Indian citizen were not spelt out in the constitution, they were implied. Later it was decided to include them in the constitution explicitly. This has been done to clarify the relationship between rights and duties.
Q6. Relation between democracy and citizenship.
Democracy is a form of government which is formed by the citizens of the country and there cannot be a democratic form of government where there are no citizens. Citizens of a country mean those who have complete rights of the land and the most fundamental right being the right to form government. A democratic government exists only when there are citizens who enjoy complete rights. There can be no complete democracy where the citizens have no rights but only duties to perform as in the olden days where the kings would form laws and pass it on to the subjects and the subjects were expected to follows the laws of the kingdom. The subjects did not have any rights to raise their voice against any law and any voice that would arise would be punished severely. But in a democratic form of government, this is not so. Every citizen without giving consideration to his financial, educational and religious status can raise his voice against any law that may be harmful for the citizens in general. Thus a democratic form of government is formed and does exist only when there are citizens in the country and the citizens exist only when there is a democratic form of government in the country.
Q7. A police state and a welfare state.
In today’s form of democratic government, the government is not just expected to maintain the law and order of the state or to maintain the traffic and punish the criminals. The government of today is expected to make life easier for the general public like building of roads, providing of better means of living and in all providing among other things a better infrastructure. Today’s democracy is a welfare democracy where the government provides for the better life of the people or else it is answerable to the people. The government does have full responsibility of providing security internal as well as external to its citizens with the help of armed forces and also with the help of local law maintaining institutions like the police but it also has the responsibility to provide better standard of living for its citizens. Especially when today’s government is elected by the general public and general public tries to bring a welfare government to power. That government that works for a better standard of living and also provide better life for the people is brought to power by the people. Today’s government is both a police state and a welfare state.
Q8. Relation between rights and duties.
Rights are enjoyed by a citizen of any nation. Even if any person is in a country for a short period of time, then also he has certain rights. Rights are the most fundamental or most basic necessity of any person to live a honourable life and any country is bound to provide such rights to the citizens. Where the citizens donot enjoy any rights then that country cannot be termed a free nation it looses its stand as a democratic state. Enjoying rights are the basic rights of any citizen. As a citizen enjoys certain rights, he too has to perform certain duties which are of utmost importance to the nation and it is unwritten but expected of any citizen of any nation. Duties can also include allowing other citizens to enjoy their rights. Rights and duties go hand in hand in any democratic society and for a democratic society to succeed, the citizens have to enjoy their rights and also side by side perform certain duties for peaceful coexistence.
Q9. Relation between law and liberty.
Law in any nation sees to it that its citizen lead a qualitative kind of life. Law sees to it that the citizens are protected not only from criminals but also have every right to enjoy their rights. The liberty to live a qualitative life is provided by the law of the land. Law and liberty go hand in hand. The citizen has a certain amount of liberty and the law sees to it that he enjoys that liberty. Law is certain sets of do and don’ts that see to it that the nation does not become a lawless nation and liberty gives every citizen a right to lead and enjoy a qualitative life in any part of the land. Law and liberty go hand in hand as without law there is no liberty and without any liberty to enjoy the law the citizens do not enjoy a qualitative life.
The Indian Constitution
THE INDIAN CONSTITUTION
Q1. What is a constitution? Why is it needed?
Ans. A democratic government is one in which the government is responsible for the people. But this government gets its source of power through a written document called the consititution. A constitution is considered the formal source of power and authority of government. It lays down the powers of any particual agency in the most precise manner so as to minimize confusion and conflict when it comes to performing of duties. The constitution also lays down the limits within which a particular government can form and enforce laws. It is the most important document of any land as it controls the abuse of power by any government to suit its ends. Even the changes that can be made to suit the changing needs of the changing society can be done with in a certain frame work and also under the guidance of an independent judiciary. The constitution provides a frame work within which a government can work.
Q2. What are the main differences between parliamentary and presidential form of government?
Ans. Representative governments can be of two types. Parliamentary and Presidential. The type of government depends on the relation the executive organ has with the legislature. In a parliamentary form of government, the prime minister and his council of ministers are directly elected by the people of the land. The executive consists of the council of ministers and is called the cabinet. The council of ministers are formed out of the elected members and the leader of the party becomes the prime minister. The council of ministers work collectively. The work of the government is distributed amongst the ministers i.e. giving of portfolios. Though the respective ministers are responsible for their portfolios, the ministers are as a whole are responsible for the running of the government. The support for the government is decided on the floor of the house through the vote of confidence.
But in presidential form of government, the executive is removed from the legislature and does not depend on its confidence. Though there is a cabinet of sorts but they are not responsible for the congress nor are members of the congress but are responsible only to the president and only the president can control them. Sometimes a situation may arise when the president may belong to one party and legislature to another party and when this comes about, it can create unwanted situations.
In presidential form of government, because the president is not answerable to the legislature, he can at his discretion execute policies but a prime minister has to have the support of the legislature to pass all his policies. Though in presidential form of government, the legislature has the power to block the budget. Though it is generally believed that parliamentary system has a weaker executive than the presidential form, but at the end of the day each has its own strength and weakness.
Q3. What is meant by collective responsibility of ministers in a parliamentary government?
Ans. In a parliamentary form of government, the prime minister and his council of ministers work together as a team and are responsible for each others action. They are responsible for the laws that they pass, they are also responsible for every act of omission or commission. In fact they swim and sink together. In the rarest of the cases that the entire team does not take the blame and a single minister is dropped. This is the reason it is said that the ministers have collective responsibility. On any destructive act the opposition may bring about a no confidence motion and the entire council of ministers may be forced to resign.
Q4. What are the main differences between a unitary and federal governments? Why are federations created?
Ans. Modern nation states have large territories. Though sizes of the nation states vary, on one extreme you have very large states like the USSR, USA or India, on the other you have small states like Luxemburg, England, Panama. Governing large states obviously cannot be done from one single office or administration. The government’s orders or laws have to be implemented in all parts of the country. So there have to be a great many centres from which administration is carried on. Similar is the case with the legislature. Though the central legislature would make laws for the entire country, these laws are often very general. Other people have to do something very much like filling the blanks in these laws. When laws are broken, or quarrels arise about them, they are so many that one single court can hardly handle them all. Government, therefore, simply cannot be run from one single centre. It has to be spread out all over the territory of a state. This is done in two ways in two different kinds of government. One way of dealing with this problem is to have one central government and then a large number of its subsidiary levels. Powers are all with the central government. The central government itself hands down some of its powers to its branches at the lower levels. The lower levels exercise these powers only on the authority of the central government. The central government can make changes it likes. It can enlarge or take away those powers. The lower levels enjoy the powers by delegation and not by right. This state is called a unitary state.
A federal government runs differently. There, too, are various levels of government. The central and the state governments are the most significant. The relation between the centre and the states is quite different here. Unlike a unitary state, the regional governments in a federation are not considered entirely subordinate to the centre. They have an independent existence. Their powers do not depend on the wishes of the centre instead they are derived from the constitution. The centre cannot ordinarily interfere with them. In a federal system, the consititution divides the powers of government between the centre and the states. Since there can be disputes, normally, there is a supreme court to decide the issue between them.
Thus in a unitary form of government the centre is powerful but in a federal form of government the powers are divided between the centre and the state.
Q5. What is division of powers in a federation?
Ans. In a federal form of government, the powers are divided equally between the centre and the state government. Both the governments get their power from the constitution of the land and the state government does not get its powers from the centre. The centre cannot interfere in the working of the state government but if the machinery of the state fails only then can the President interfere and implement president’s rule in the state. In case of dispute between the centre and state, then the supreme court settles the matter. There are different areas where the centre and the state can function and cross tracks only in rare cases. The centre deals with the security of the land, while the state deals with the law and order situation within the state. The centre builds the highways connecting the states together and also builds the railways the state looks into the transportation infrastructure within the state. Thus different areas have been earmarked and the powers have been properly divided between the centre and the state.
Q6. Can there be conflict between the executive and the legislature in the presidential system?
Ans. In a presidential system, the executive is removed from the legislature, and does not depend on its confidence. True, the American President also has a cabinet of sorts. There is a Secretary of State, Secretary of the Treasury, and so on. But they are not members of the Congress or in any way responsible to the congress. They are responsible only to the President. Congress cannot control them only the President can. It is quite possible that in America the President would be from one party and the legislative majority from another. Fortunately, such situations are rare. But, if it happens it can be quite difficult for both sides. At times, the entire government can be under serious strain. Actually, there are some cases when the American legislature blocked the policies of the President. Once this happened after the first world war, Woodrow Wilson, the American President supported the idea of a world body called the League of Nations. In fact, Wilson played a big part in persuading other governments to accept the idea. Ironically, however, after it came into being, he could not get his own country, the USA to become a member. Important decisions like this involved the assent of the legislature and the legislature at that moment happened to be controlled by his rival party. In the end, the unwilling legislature quashed Wilson’s move.
Q 7. What are the important features of the Indian constitution?
Ans. The Preamble to the Indian Constitution sets out the ideals that the State should follow. These ideals are democracy, socialism, secularism and national sovereignty and the provision of justice, equality and liberty. The Preamble strictly speaking is no a part of the legal section of the Constitution. Still, it is very important, precisely because it sets out the State aims and ideals. The two most important aspects of the Indian Constitution are that it has a parliamentary government and it is a federal state. The federal form of Indian government has two distinct levels on which the government is run – the centre and the state. The Indian federation is not like the American federation. In fact it is just the opposite. The Constitution has described India as a Union of States and the Centre though is strong, the states too have powers to act independently under the purview of the Constitution.
Another important feature of our Constitution is rather long list of rights. The Indian Constitution mentions two sets of rights. Some of these are called fundamental rights, the others are directive principles of State Policy. There is a provision that the constitution of India can be amended but it has to be passed in both the houses of the parliament with absolute majority.
India is a country of many religions, languages and cultures. It is natural, therefore, that there would be minorities. The Constitution provides certain guarantees to the minorities for preserving their identity. For certain groups of people who have been traditionally oppressed, like the scheduled castes and tribes, the constitution provides for some special guarantees.
Q1. What is a constitution? Why is it needed?
Ans. A democratic government is one in which the government is responsible for the people. But this government gets its source of power through a written document called the consititution. A constitution is considered the formal source of power and authority of government. It lays down the powers of any particual agency in the most precise manner so as to minimize confusion and conflict when it comes to performing of duties. The constitution also lays down the limits within which a particular government can form and enforce laws. It is the most important document of any land as it controls the abuse of power by any government to suit its ends. Even the changes that can be made to suit the changing needs of the changing society can be done with in a certain frame work and also under the guidance of an independent judiciary. The constitution provides a frame work within which a government can work.
Q2. What are the main differences between parliamentary and presidential form of government?
Ans. Representative governments can be of two types. Parliamentary and Presidential. The type of government depends on the relation the executive organ has with the legislature. In a parliamentary form of government, the prime minister and his council of ministers are directly elected by the people of the land. The executive consists of the council of ministers and is called the cabinet. The council of ministers are formed out of the elected members and the leader of the party becomes the prime minister. The council of ministers work collectively. The work of the government is distributed amongst the ministers i.e. giving of portfolios. Though the respective ministers are responsible for their portfolios, the ministers are as a whole are responsible for the running of the government. The support for the government is decided on the floor of the house through the vote of confidence.
But in presidential form of government, the executive is removed from the legislature and does not depend on its confidence. Though there is a cabinet of sorts but they are not responsible for the congress nor are members of the congress but are responsible only to the president and only the president can control them. Sometimes a situation may arise when the president may belong to one party and legislature to another party and when this comes about, it can create unwanted situations.
In presidential form of government, because the president is not answerable to the legislature, he can at his discretion execute policies but a prime minister has to have the support of the legislature to pass all his policies. Though in presidential form of government, the legislature has the power to block the budget. Though it is generally believed that parliamentary system has a weaker executive than the presidential form, but at the end of the day each has its own strength and weakness.
Q3. What is meant by collective responsibility of ministers in a parliamentary government?
Ans. In a parliamentary form of government, the prime minister and his council of ministers work together as a team and are responsible for each others action. They are responsible for the laws that they pass, they are also responsible for every act of omission or commission. In fact they swim and sink together. In the rarest of the cases that the entire team does not take the blame and a single minister is dropped. This is the reason it is said that the ministers have collective responsibility. On any destructive act the opposition may bring about a no confidence motion and the entire council of ministers may be forced to resign.
Q4. What are the main differences between a unitary and federal governments? Why are federations created?
Ans. Modern nation states have large territories. Though sizes of the nation states vary, on one extreme you have very large states like the USSR, USA or India, on the other you have small states like Luxemburg, England, Panama. Governing large states obviously cannot be done from one single office or administration. The government’s orders or laws have to be implemented in all parts of the country. So there have to be a great many centres from which administration is carried on. Similar is the case with the legislature. Though the central legislature would make laws for the entire country, these laws are often very general. Other people have to do something very much like filling the blanks in these laws. When laws are broken, or quarrels arise about them, they are so many that one single court can hardly handle them all. Government, therefore, simply cannot be run from one single centre. It has to be spread out all over the territory of a state. This is done in two ways in two different kinds of government. One way of dealing with this problem is to have one central government and then a large number of its subsidiary levels. Powers are all with the central government. The central government itself hands down some of its powers to its branches at the lower levels. The lower levels exercise these powers only on the authority of the central government. The central government can make changes it likes. It can enlarge or take away those powers. The lower levels enjoy the powers by delegation and not by right. This state is called a unitary state.
A federal government runs differently. There, too, are various levels of government. The central and the state governments are the most significant. The relation between the centre and the states is quite different here. Unlike a unitary state, the regional governments in a federation are not considered entirely subordinate to the centre. They have an independent existence. Their powers do not depend on the wishes of the centre instead they are derived from the constitution. The centre cannot ordinarily interfere with them. In a federal system, the consititution divides the powers of government between the centre and the states. Since there can be disputes, normally, there is a supreme court to decide the issue between them.
Thus in a unitary form of government the centre is powerful but in a federal form of government the powers are divided between the centre and the state.
Q5. What is division of powers in a federation?
Ans. In a federal form of government, the powers are divided equally between the centre and the state government. Both the governments get their power from the constitution of the land and the state government does not get its powers from the centre. The centre cannot interfere in the working of the state government but if the machinery of the state fails only then can the President interfere and implement president’s rule in the state. In case of dispute between the centre and state, then the supreme court settles the matter. There are different areas where the centre and the state can function and cross tracks only in rare cases. The centre deals with the security of the land, while the state deals with the law and order situation within the state. The centre builds the highways connecting the states together and also builds the railways the state looks into the transportation infrastructure within the state. Thus different areas have been earmarked and the powers have been properly divided between the centre and the state.
Q6. Can there be conflict between the executive and the legislature in the presidential system?
Ans. In a presidential system, the executive is removed from the legislature, and does not depend on its confidence. True, the American President also has a cabinet of sorts. There is a Secretary of State, Secretary of the Treasury, and so on. But they are not members of the Congress or in any way responsible to the congress. They are responsible only to the President. Congress cannot control them only the President can. It is quite possible that in America the President would be from one party and the legislative majority from another. Fortunately, such situations are rare. But, if it happens it can be quite difficult for both sides. At times, the entire government can be under serious strain. Actually, there are some cases when the American legislature blocked the policies of the President. Once this happened after the first world war, Woodrow Wilson, the American President supported the idea of a world body called the League of Nations. In fact, Wilson played a big part in persuading other governments to accept the idea. Ironically, however, after it came into being, he could not get his own country, the USA to become a member. Important decisions like this involved the assent of the legislature and the legislature at that moment happened to be controlled by his rival party. In the end, the unwilling legislature quashed Wilson’s move.
Q 7. What are the important features of the Indian constitution?
Ans. The Preamble to the Indian Constitution sets out the ideals that the State should follow. These ideals are democracy, socialism, secularism and national sovereignty and the provision of justice, equality and liberty. The Preamble strictly speaking is no a part of the legal section of the Constitution. Still, it is very important, precisely because it sets out the State aims and ideals. The two most important aspects of the Indian Constitution are that it has a parliamentary government and it is a federal state. The federal form of Indian government has two distinct levels on which the government is run – the centre and the state. The Indian federation is not like the American federation. In fact it is just the opposite. The Constitution has described India as a Union of States and the Centre though is strong, the states too have powers to act independently under the purview of the Constitution.
Another important feature of our Constitution is rather long list of rights. The Indian Constitution mentions two sets of rights. Some of these are called fundamental rights, the others are directive principles of State Policy. There is a provision that the constitution of India can be amended but it has to be passed in both the houses of the parliament with absolute majority.
India is a country of many religions, languages and cultures. It is natural, therefore, that there would be minorities. The Constitution provides certain guarantees to the minorities for preserving their identity. For certain groups of people who have been traditionally oppressed, like the scheduled castes and tribes, the constitution provides for some special guarantees.
The Central Government
THE CENTRAL GOVERNMENT
Q1. What is meant by the supremacy of the Parliament?
Ans. The Indian Parliament is the final law making body and it derives its powers from the people as it is directly elected by the people and this forms the most popular element of any government. The parliament forms laws on the Union and Concurrent list and even has the powers to impeach the President or the Vice President. It controls the expenditure of the government through budgets and money bills. If need be it can amend the Constitution under the supervision of the High Court.
The Parliament too plays an important role in the democratic system. The Council of Ministers who are elected to the parliament are answerable to it. The Prime Minister who is the leader of the majority party is the main spokesman of his Council of Ministers. The Parliament has a term of five years but in case of emergency its term can be extended for a year more. There are two houses in the Parliament. The Lok Sabha and The Rajya Sabha.
Q2. What is the confidence of legislature and pleasure of the President?
Ans. The Prime Minister and his council of Ministers derive their power from the Parliament and are answerable to it. They work as a team and are answerable to the parliament in the matters of all omissions and commissions. If one of the ministers is unparliamentary, then they sink together i.e. they loose the confidence of the Parliament. The Parliament holds a vote of confidence and if the Council of Ministers are not able to garner majority support then the Parliament is dissolved and elections are held.
Pleasure of the President is the term that is coined meaning a Prime Minister and his council of Ministers can be in the office during the Pleasure of the President. But in reality the Prime Minister and his council of ministers remain in office till they enjoy the confidence of the legislature. The President, when he sees that the Prime Minister and his Council of Ministers have lost the majority support in the Parliament can call for its dissolution.
Q3. POWERS OF THE PRESIDENT:
The President of our country has various types of powers like Executive, Legislative, Judicial, Emergency and Financial Powers.
a) Executive Powers: The President occupies the highest executive office in our country. After the General elections he invites the leader of the majority party to form the government at the centre. He is responsible for various appointments like the Chief Justice of the Supreme Court, the Attorney General, Ambassadors to other countries and also checks the credentials of the ambassadors of other countries sent to India.
b) Legislative powers: He can summon or prorogue the parliament and can dissolve the Lok Sabha. He inaugurates the joint session of the Parliament and any bill can become a law only when the President inks his signature on the bill. If he is not satisfied he can send it back to the parliament to be rediscussed and can do so only once. When once again it is presented, he has to put his signature on it.
c) Financial powers: The President causes for the budget to be formed and placed before the Parliament and no bill can be introduced without his prior approval. He has total control over the consolidated and contingency funds with the approval of the Parliament.
d) Judicial powers: He appoints all the judges of the supreme court and the high court. He cannot be sued by any court till he is in office and can commute sentences and also grant pardon.
e) Emergency powers: He enjoys three types of emergency powers
1) emergency arising out of war or external aggression or armed rebellion.
2) emergency because of breakdown of constitutional machinery.
3) financial emergency
1) When the country is threatened by war or external aggression or armed rebellion, he can declare a state of emergency and curtail the rights of the citizens.
2) If any state is not run according to the constitution, then President can impose President’s rule for a period of six months and with the Parliamentary approval can extend for 6 more months.
3) When there is financial instability or the credit of our country is threatened, then financial emergency can be declared by the President. He can alter the salaries of all government officials including judged and from financial powers.
Q4. VARIOUS JURISDICTIONS OF THE SUPREME COURT:
The Supreme court has several functions and as in legal prelance it is called jurisdiction of the Supreme court. Firstly it has the original jurisdiction on disputes between the government of India and one or more state government or between two or more state government. Secondly it has appellate jurisdiction over civil and criminal cases decided by the High Court in the States. Thirdly the Supreme Court has an advisory jurisdiction under which it can report to the President its opinion on any legal matter. Fourthly it protects the Constitution from any unwanted amendments made by any government to suit its policies.
Q5. POSITION OF THE PRIME MINISTER:
The Prime Minister is the leader of the majority party and as long as this leadership is not questioned, his position is strong. Another factor that adds to his strength is the discipline of the party. Because of these factors he holds a position of pre-eminance and in all practicality is more powerful than the President of the Country. He is the constant factor in the Parliamentary executive. The ministers are appointed, shuffled from one portfolio to another at his instance. He decides, co-ordinates the work of different ministries and if there are frictions, he smoothens them out. He is also the head of the planning commission which supervises economic policies of the country.
Q6. RELATIONSHIP BETWEEN THE PARLIAMENT AND THE JUDICIARY IN INDIA
The Indian Parliament is the final law making body in the country. As it is elected directly by the people, it is the most popular element in the entire government. It has the powers to make law on the Union and Concurrent list. It is a part of the process of election of both the President and Vice-President and can even impeach either of them. The main role that the Parliament plays is being the centre of a democratic process.
For the democratic process or for democracy to be successful, it is highly essential that the judiciary should be independent. The judiciary is equally responsible for maintaining democracy in India. The parliament is the law making body of the country but the judiciary sees to it that the laws that are passed are not biased and also sees to it that the laws are rightly implemented. Both the judiciary and the parliament have equal authority and equal responsibility in the success of democracy in the country.
Q7. RELATIONSHIP BETWEEN THE PRESIDENT AND THE PRIME MINISTER.
The President is the formal head of the executive and all the business of the government is carried on in the name of the President, the ceremonial head of the State. But the decisions which the President signs are actually made by the Prime Minister and his cabinet collegues. The Prime Minister is the head of the government. According to the Constitution, the President has all the significant powers and that the Prime Minister will only aid and advise him. But actually the Prime Minister and his council of ministers who have the actual powers. The President has to ink his signature on whatever bill has been passed in the Parliament. If at all he is not satisfied, he can send it back for rediscussion but once it is again presented, he has no other option but to sign it.
Q1. What is meant by the supremacy of the Parliament?
Ans. The Indian Parliament is the final law making body and it derives its powers from the people as it is directly elected by the people and this forms the most popular element of any government. The parliament forms laws on the Union and Concurrent list and even has the powers to impeach the President or the Vice President. It controls the expenditure of the government through budgets and money bills. If need be it can amend the Constitution under the supervision of the High Court.
The Parliament too plays an important role in the democratic system. The Council of Ministers who are elected to the parliament are answerable to it. The Prime Minister who is the leader of the majority party is the main spokesman of his Council of Ministers. The Parliament has a term of five years but in case of emergency its term can be extended for a year more. There are two houses in the Parliament. The Lok Sabha and The Rajya Sabha.
Q2. What is the confidence of legislature and pleasure of the President?
Ans. The Prime Minister and his council of Ministers derive their power from the Parliament and are answerable to it. They work as a team and are answerable to the parliament in the matters of all omissions and commissions. If one of the ministers is unparliamentary, then they sink together i.e. they loose the confidence of the Parliament. The Parliament holds a vote of confidence and if the Council of Ministers are not able to garner majority support then the Parliament is dissolved and elections are held.
Pleasure of the President is the term that is coined meaning a Prime Minister and his council of Ministers can be in the office during the Pleasure of the President. But in reality the Prime Minister and his council of ministers remain in office till they enjoy the confidence of the legislature. The President, when he sees that the Prime Minister and his Council of Ministers have lost the majority support in the Parliament can call for its dissolution.
Q3. POWERS OF THE PRESIDENT:
The President of our country has various types of powers like Executive, Legislative, Judicial, Emergency and Financial Powers.
a) Executive Powers: The President occupies the highest executive office in our country. After the General elections he invites the leader of the majority party to form the government at the centre. He is responsible for various appointments like the Chief Justice of the Supreme Court, the Attorney General, Ambassadors to other countries and also checks the credentials of the ambassadors of other countries sent to India.
b) Legislative powers: He can summon or prorogue the parliament and can dissolve the Lok Sabha. He inaugurates the joint session of the Parliament and any bill can become a law only when the President inks his signature on the bill. If he is not satisfied he can send it back to the parliament to be rediscussed and can do so only once. When once again it is presented, he has to put his signature on it.
c) Financial powers: The President causes for the budget to be formed and placed before the Parliament and no bill can be introduced without his prior approval. He has total control over the consolidated and contingency funds with the approval of the Parliament.
d) Judicial powers: He appoints all the judges of the supreme court and the high court. He cannot be sued by any court till he is in office and can commute sentences and also grant pardon.
e) Emergency powers: He enjoys three types of emergency powers
1) emergency arising out of war or external aggression or armed rebellion.
2) emergency because of breakdown of constitutional machinery.
3) financial emergency
1) When the country is threatened by war or external aggression or armed rebellion, he can declare a state of emergency and curtail the rights of the citizens.
2) If any state is not run according to the constitution, then President can impose President’s rule for a period of six months and with the Parliamentary approval can extend for 6 more months.
3) When there is financial instability or the credit of our country is threatened, then financial emergency can be declared by the President. He can alter the salaries of all government officials including judged and from financial powers.
Q4. VARIOUS JURISDICTIONS OF THE SUPREME COURT:
The Supreme court has several functions and as in legal prelance it is called jurisdiction of the Supreme court. Firstly it has the original jurisdiction on disputes between the government of India and one or more state government or between two or more state government. Secondly it has appellate jurisdiction over civil and criminal cases decided by the High Court in the States. Thirdly the Supreme Court has an advisory jurisdiction under which it can report to the President its opinion on any legal matter. Fourthly it protects the Constitution from any unwanted amendments made by any government to suit its policies.
Q5. POSITION OF THE PRIME MINISTER:
The Prime Minister is the leader of the majority party and as long as this leadership is not questioned, his position is strong. Another factor that adds to his strength is the discipline of the party. Because of these factors he holds a position of pre-eminance and in all practicality is more powerful than the President of the Country. He is the constant factor in the Parliamentary executive. The ministers are appointed, shuffled from one portfolio to another at his instance. He decides, co-ordinates the work of different ministries and if there are frictions, he smoothens them out. He is also the head of the planning commission which supervises economic policies of the country.
Q6. RELATIONSHIP BETWEEN THE PARLIAMENT AND THE JUDICIARY IN INDIA
The Indian Parliament is the final law making body in the country. As it is elected directly by the people, it is the most popular element in the entire government. It has the powers to make law on the Union and Concurrent list. It is a part of the process of election of both the President and Vice-President and can even impeach either of them. The main role that the Parliament plays is being the centre of a democratic process.
For the democratic process or for democracy to be successful, it is highly essential that the judiciary should be independent. The judiciary is equally responsible for maintaining democracy in India. The parliament is the law making body of the country but the judiciary sees to it that the laws that are passed are not biased and also sees to it that the laws are rightly implemented. Both the judiciary and the parliament have equal authority and equal responsibility in the success of democracy in the country.
Q7. RELATIONSHIP BETWEEN THE PRESIDENT AND THE PRIME MINISTER.
The President is the formal head of the executive and all the business of the government is carried on in the name of the President, the ceremonial head of the State. But the decisions which the President signs are actually made by the Prime Minister and his cabinet collegues. The Prime Minister is the head of the government. According to the Constitution, the President has all the significant powers and that the Prime Minister will only aid and advise him. But actually the Prime Minister and his council of ministers who have the actual powers. The President has to ink his signature on whatever bill has been passed in the Parliament. If at all he is not satisfied, he can send it back for rediscussion but once it is again presented, he has no other option but to sign it.
The State Government
THE STATE GOVERNMENT
Q1. What is a federation?
Ans.: The distribution of powers between the centre and the state is called a federation. This is generally done so that the maximum power is not vested with the central government or with the state government. The distribution of power is basically to ensure that the power is not with any central authority and that if it is vested with any central authority then it can lead to a dictatorship type of government.
Q2. What are the main features of the Indian federation?
Ans.: The Indian Federation has divided the powers between the centre and the state. The authority or the power is not with either the centre or the states. Each have their own area of authority to frame laws and to work towards development. The Centre has the Union and the Concurrent list and the States have the state list. But both the Centre and the State can frame laws on the topics in the Concurrent list but if there is a conflict then the decision of the Centre will prevail. The States have their own democratic governments but the Union Territories are supervised by the centre. The States have been divided on the basis of language and that is the reason the States of India are called Linguistic States.
Q3. How is the legislative power distributed between the Centre and the States?
Ans. The States have a government which has the same structure as the Centre with a Governor, a Chief Minister and his Council of Ministers and a Chief Justice at the High Court. The State Government is partly autonomous meaning though it has freedom to frame laws, it cannot be unconstitutional. Our Constitution divides the powers of the Government into three lists – one reserved for the Centre, another exclusively for the States and third on which both the Central and the State Governments can legislate. But the Constitution has laid the guidelines that if there is any conflict between the State and the Central Laws on matters of the Concurrent list, the Centre’s law will be effective. The State Government handles matters on the State List and the Concurrent List.
Q4. What is the relation between the Council of Ministers and the Governor?
Ans. Just like the Centre, the State too has a Governor and the Council of Ministers who aid and advise him. In reality he appoints the leader of the majority party in the State Legislature as the Chief Minister and appoints other Ministers on his advice. Like the President, his powers too are formal. He goes through the process of appointment of Advocate General of the State and Members of the State Public Service Commission. He issues ordinances when the legislature is not in session. Bills cannot become law without his approval but his disapproval can be overridden by the State Legislature.
Q5. What are the Governor’s powers? Does he have any powers he can use at his discretion?
Ans. The Governor is the extension of the President and is the President’s representative in the State he has certain Legislative, Executive and certain powers at his discretion which he can use at his own will but under the purview of the Constitution of India.
His Executive powers include appointing the leader of the majority party as the Chief Minister of the State, Advocate General of the State and suggesting to the President the likely candidates for judge of the High Court.
The Legislative powers include signing on the Bills that without his signature cannot become law. He addresses the joint session of the State Legislature. He can dissolve the State Legislature if the ruling party looses its majority. He can issue ordinances when the State Legislature is not in session. He can grant pardons and reprieve.
He has some powers which he can use at his discretion like appointing of Chief Ministers and if the State Machinery has failed, he can report to the President for the implementation of President’s Rule.
Q6. How is the money bill passed in the State Legislature?
Ans.: In a bicameral State Legislature, a money bill can be introduced in the Legislative Assembly alone. Once the assembly has passed the Money bill, the Council has to send its recommendation on the Bill within 14 days. The Assembly may accept or reject these recommendations. The Governor has an important power regarding bills. Bills after they are passed by the Legislature must come to him to assent. And he can send the bill for consideration to the President of India.
Q7. What are the Powers of the High Court?
Ans. The High Courts have the power of superintendence over all Subordinate Courts in its territory. District Judges are appointed by the Governor inconsultation with the High Court. It is also the Governor’s responsibility to appoint persons to other posts in the judicial service of the State. However he does it according to rules made inconsultation with the State Public Service Commission and the High Court. The High Court controls the subordinate courts. The questions of posting, promotion, leave of officials in subordinate courts are decided by it. The 42nd Amendment of 1976 has added a new institution to the judiciary. The Parliament can set up administrative tribunals for cases regarding Civil Servants.
Q8. What is the effect of emergency on the federal system in India?
Ans: The State of emergency is imposed when the constitutional machinery breaks down. To maintain security in the region, the President’s rule is imposed. In any State, in the federal form of Government, if the State machinery has broken down, the Governor reports to the President and President’s rule is imposed in the State. The Legislature is dissolved and the day to day working of the State is looked after by the Governor. The elections to elect the new State Government is held within 6 months.
Q9. When can the Governor use his discretionary powers?
Ans. The Governor has some powers which he can use on his own. These are called the Powers of Discretion. At times, he can use discretion in appointing Chief Minister, for instance, when no oneparty gets the clear majority in the Assembly. Second, the Governor is to act as a link between the Centre and the State Government. If he thinks that the Government of the State is not running according to the Constitution, he can report it to the President. The President can impose President’s rule in the State.
Q1. What is a federation?
Ans.: The distribution of powers between the centre and the state is called a federation. This is generally done so that the maximum power is not vested with the central government or with the state government. The distribution of power is basically to ensure that the power is not with any central authority and that if it is vested with any central authority then it can lead to a dictatorship type of government.
Q2. What are the main features of the Indian federation?
Ans.: The Indian Federation has divided the powers between the centre and the state. The authority or the power is not with either the centre or the states. Each have their own area of authority to frame laws and to work towards development. The Centre has the Union and the Concurrent list and the States have the state list. But both the Centre and the State can frame laws on the topics in the Concurrent list but if there is a conflict then the decision of the Centre will prevail. The States have their own democratic governments but the Union Territories are supervised by the centre. The States have been divided on the basis of language and that is the reason the States of India are called Linguistic States.
Q3. How is the legislative power distributed between the Centre and the States?
Ans. The States have a government which has the same structure as the Centre with a Governor, a Chief Minister and his Council of Ministers and a Chief Justice at the High Court. The State Government is partly autonomous meaning though it has freedom to frame laws, it cannot be unconstitutional. Our Constitution divides the powers of the Government into three lists – one reserved for the Centre, another exclusively for the States and third on which both the Central and the State Governments can legislate. But the Constitution has laid the guidelines that if there is any conflict between the State and the Central Laws on matters of the Concurrent list, the Centre’s law will be effective. The State Government handles matters on the State List and the Concurrent List.
Q4. What is the relation between the Council of Ministers and the Governor?
Ans. Just like the Centre, the State too has a Governor and the Council of Ministers who aid and advise him. In reality he appoints the leader of the majority party in the State Legislature as the Chief Minister and appoints other Ministers on his advice. Like the President, his powers too are formal. He goes through the process of appointment of Advocate General of the State and Members of the State Public Service Commission. He issues ordinances when the legislature is not in session. Bills cannot become law without his approval but his disapproval can be overridden by the State Legislature.
Q5. What are the Governor’s powers? Does he have any powers he can use at his discretion?
Ans. The Governor is the extension of the President and is the President’s representative in the State he has certain Legislative, Executive and certain powers at his discretion which he can use at his own will but under the purview of the Constitution of India.
His Executive powers include appointing the leader of the majority party as the Chief Minister of the State, Advocate General of the State and suggesting to the President the likely candidates for judge of the High Court.
The Legislative powers include signing on the Bills that without his signature cannot become law. He addresses the joint session of the State Legislature. He can dissolve the State Legislature if the ruling party looses its majority. He can issue ordinances when the State Legislature is not in session. He can grant pardons and reprieve.
He has some powers which he can use at his discretion like appointing of Chief Ministers and if the State Machinery has failed, he can report to the President for the implementation of President’s Rule.
Q6. How is the money bill passed in the State Legislature?
Ans.: In a bicameral State Legislature, a money bill can be introduced in the Legislative Assembly alone. Once the assembly has passed the Money bill, the Council has to send its recommendation on the Bill within 14 days. The Assembly may accept or reject these recommendations. The Governor has an important power regarding bills. Bills after they are passed by the Legislature must come to him to assent. And he can send the bill for consideration to the President of India.
Q7. What are the Powers of the High Court?
Ans. The High Courts have the power of superintendence over all Subordinate Courts in its territory. District Judges are appointed by the Governor inconsultation with the High Court. It is also the Governor’s responsibility to appoint persons to other posts in the judicial service of the State. However he does it according to rules made inconsultation with the State Public Service Commission and the High Court. The High Court controls the subordinate courts. The questions of posting, promotion, leave of officials in subordinate courts are decided by it. The 42nd Amendment of 1976 has added a new institution to the judiciary. The Parliament can set up administrative tribunals for cases regarding Civil Servants.
Q8. What is the effect of emergency on the federal system in India?
Ans: The State of emergency is imposed when the constitutional machinery breaks down. To maintain security in the region, the President’s rule is imposed. In any State, in the federal form of Government, if the State machinery has broken down, the Governor reports to the President and President’s rule is imposed in the State. The Legislature is dissolved and the day to day working of the State is looked after by the Governor. The elections to elect the new State Government is held within 6 months.
Q9. When can the Governor use his discretionary powers?
Ans. The Governor has some powers which he can use on his own. These are called the Powers of Discretion. At times, he can use discretion in appointing Chief Minister, for instance, when no oneparty gets the clear majority in the Assembly. Second, the Governor is to act as a link between the Centre and the State Government. If he thinks that the Government of the State is not running according to the Constitution, he can report it to the President. The President can impose President’s rule in the State.
Local Government
LOCAL GOVERNMENT
Q1. What are the structures of
a) CORPORATIONS: A major body in the corporation is its council. The council functions as the legislature of the city. It consists of members who are called councillers. They are elected by the adult franchise. The mayor is elected by the council and is the first citizen of the city and looks after the work of the secretariat of the council. The executive officer of the corporation is the Municipal Commissioner who is a high ranking official appointed by the State Government. He administers the policies laid down by the council.
b) MUNICIPAL COUNCILS: The Municipal council is the legislative body and can pass bylaws within its jurisdiction. Its embers are called councillers. These councilors are elected through adult suffrage though some sections of the society do have reserved seats. The President is elected from the members and he looks after the financial and executive work of the Municipality. The Municipalities handle the various areas of work through the committees.
c) PANCHAYATI RAJ BODIES : The adult population of the village forms the Gram Sabha. The members of the Gram Sabha elect the members and the President of the Gram Panchayat. Its main functions relate to providing of civic facilities in the village and also do the developmental work. The Panchayat Samiti forms the middle tier system and the Presidents of the Gram Panchayats of a block form its members. The members of the State Legislature and the Central Parliament are its associate members. The Panchayat Samiti has an elected President. On the top of the Panchayat Raj is the Zila Parishad. It is the link between the rural local government bodies at the lower level, the state legislature and the Parliament. It has representation of scheduled castes, tribes, women and representatives of co-operative societies. A Zila Parishad consists of the Presidents of the Panchayat Samitis of the District, members of the parliament, members of the state legislature from the district, a representative by the co-operative societies, a specified number of representatives from the scheduled castes and tribes and some co-opted members. The members of the Zila Parishad elect a President among themselves.
Q 2. What are the functions of the Urban Local Government Bodies?
Ans. In cities the local governments are called corporations but in towns they are called municipalities. Either way the responsibility of the local government is to improve the condition of the public life in cities and towns. They have to provide services like water supply, electricity, transport, lighting and cleaning of streets, schools, provide medical facilities by establishing hospitals registering of births and deaths, maintain fire brigade, develop parks, museums, zoos and many other things. They get their revenue by taxing property, vehicles etc., and a portion of the revenue is derived from the State Governments. The Corporations have direct link with the State Governments and the Municipalities have to go through the district administration. Hence corporations are more powerful than the Municipalities.
Q3. What are the powers and functions of the District Officer?
Ans. The Basic unit of administration in India is the district and this is under the charge of the district officer. Though his main function is administration, he has to maintain law and order, collect revenue and taxes. He also has to look into the direction and fulfillment of economic plans of his district. He has to co-ordinate the work of the district and sometimes acts as a district magistrate. He acts in the supervisory capacity by deciding the transfers and postings of the officers who work under him. He controls the jail administration and also has the most important duty of holding elections in his district.
Q4. How was the Panchayat Raj system created?
Ans. The Panchayat System existed even in historical times when the villages had a certain level of autonomy mainly because the means of communication were weak and the sometimes because of weak central government. During the course of the national struggle, the national leaders supported the cause of local governments in villages so that the plans could be fulfilled at the most grass root levels. After independence the Balwant Rai Mehta Committee too suggested that the country should have a system of local government reaching down to the villages and would also help in the implementation of developmental projects. Because the country side administration consisted of village, block and district, the committee suggested panchayat at village level, panchayat samiti at block level and zila parishad at district level.
Q5. What was the original plan of Panchayat Raj?
Ans. The Balwantrai Mehta Committee suggested that the country should have a system of local government reaching down to the villages which would help in the implementation of developmental projects. The committee suggested that there should be three tier system of Panchayats that is Gram Panchayat at the village level, Panchayat Samiti at the Block Level and Zila Parishad at the district level. Though while implementation of the recommendations slight changes were made to suit the needs of the particular areas but the ideas have overall remained the same.
Q6. What are the functions of the various organs of the Panchayati Raj as it functions now?
Ans. The Gram Panchayat sees to the proper supply of water and electricity, maintain and build proper roads, supervise sanitation and work towards prevention of diseases, take steps for development of agriculture promote cottage industry and maintain record of all births and deaths. The panchayat samiti has mainly two types of functions – providing civic amenities and supervising developmental work. The zila parishad has supervisory and coordinating functions. It examines and approves the budgets of panchayat samities. It also co-ordinates developmental plans for its area.
Q7. What is the need for local government in a democracy?
Ans. The local government is needed in a democracy for three reasons. Firstly they take the participation down to the smallest units i.e. the towns and villages. Secondly it makes for greater contact between administration and the people so that the district administration is helped in the administrative work. Thirdly these bodies are considered important for the process of development and planning.
Q8. What role can the local government agencies play in development work?
Ans. The Panchayati Raj institutions ensure participation in local government and to help the development programmes and plans. The local government has taken even the villager into the general government of the country. The villager does not only vote but is also involved in the institutions that are quite near to him. He is totally involved in the developmental work and can ensure its completion first hand. He is involved in decision making and also sees to it that the right decisions are taken and is there it ensure it is within the purview of the constitution. The local government is a big help to the State and the Central governments in the fulfillment of the developmental programs.
Q1. What are the structures of
a) CORPORATIONS: A major body in the corporation is its council. The council functions as the legislature of the city. It consists of members who are called councillers. They are elected by the adult franchise. The mayor is elected by the council and is the first citizen of the city and looks after the work of the secretariat of the council. The executive officer of the corporation is the Municipal Commissioner who is a high ranking official appointed by the State Government. He administers the policies laid down by the council.
b) MUNICIPAL COUNCILS: The Municipal council is the legislative body and can pass bylaws within its jurisdiction. Its embers are called councillers. These councilors are elected through adult suffrage though some sections of the society do have reserved seats. The President is elected from the members and he looks after the financial and executive work of the Municipality. The Municipalities handle the various areas of work through the committees.
c) PANCHAYATI RAJ BODIES : The adult population of the village forms the Gram Sabha. The members of the Gram Sabha elect the members and the President of the Gram Panchayat. Its main functions relate to providing of civic facilities in the village and also do the developmental work. The Panchayat Samiti forms the middle tier system and the Presidents of the Gram Panchayats of a block form its members. The members of the State Legislature and the Central Parliament are its associate members. The Panchayat Samiti has an elected President. On the top of the Panchayat Raj is the Zila Parishad. It is the link between the rural local government bodies at the lower level, the state legislature and the Parliament. It has representation of scheduled castes, tribes, women and representatives of co-operative societies. A Zila Parishad consists of the Presidents of the Panchayat Samitis of the District, members of the parliament, members of the state legislature from the district, a representative by the co-operative societies, a specified number of representatives from the scheduled castes and tribes and some co-opted members. The members of the Zila Parishad elect a President among themselves.
Q 2. What are the functions of the Urban Local Government Bodies?
Ans. In cities the local governments are called corporations but in towns they are called municipalities. Either way the responsibility of the local government is to improve the condition of the public life in cities and towns. They have to provide services like water supply, electricity, transport, lighting and cleaning of streets, schools, provide medical facilities by establishing hospitals registering of births and deaths, maintain fire brigade, develop parks, museums, zoos and many other things. They get their revenue by taxing property, vehicles etc., and a portion of the revenue is derived from the State Governments. The Corporations have direct link with the State Governments and the Municipalities have to go through the district administration. Hence corporations are more powerful than the Municipalities.
Q3. What are the powers and functions of the District Officer?
Ans. The Basic unit of administration in India is the district and this is under the charge of the district officer. Though his main function is administration, he has to maintain law and order, collect revenue and taxes. He also has to look into the direction and fulfillment of economic plans of his district. He has to co-ordinate the work of the district and sometimes acts as a district magistrate. He acts in the supervisory capacity by deciding the transfers and postings of the officers who work under him. He controls the jail administration and also has the most important duty of holding elections in his district.
Q4. How was the Panchayat Raj system created?
Ans. The Panchayat System existed even in historical times when the villages had a certain level of autonomy mainly because the means of communication were weak and the sometimes because of weak central government. During the course of the national struggle, the national leaders supported the cause of local governments in villages so that the plans could be fulfilled at the most grass root levels. After independence the Balwant Rai Mehta Committee too suggested that the country should have a system of local government reaching down to the villages and would also help in the implementation of developmental projects. Because the country side administration consisted of village, block and district, the committee suggested panchayat at village level, panchayat samiti at block level and zila parishad at district level.
Q5. What was the original plan of Panchayat Raj?
Ans. The Balwantrai Mehta Committee suggested that the country should have a system of local government reaching down to the villages which would help in the implementation of developmental projects. The committee suggested that there should be three tier system of Panchayats that is Gram Panchayat at the village level, Panchayat Samiti at the Block Level and Zila Parishad at the district level. Though while implementation of the recommendations slight changes were made to suit the needs of the particular areas but the ideas have overall remained the same.
Q6. What are the functions of the various organs of the Panchayati Raj as it functions now?
Ans. The Gram Panchayat sees to the proper supply of water and electricity, maintain and build proper roads, supervise sanitation and work towards prevention of diseases, take steps for development of agriculture promote cottage industry and maintain record of all births and deaths. The panchayat samiti has mainly two types of functions – providing civic amenities and supervising developmental work. The zila parishad has supervisory and coordinating functions. It examines and approves the budgets of panchayat samities. It also co-ordinates developmental plans for its area.
Q7. What is the need for local government in a democracy?
Ans. The local government is needed in a democracy for three reasons. Firstly they take the participation down to the smallest units i.e. the towns and villages. Secondly it makes for greater contact between administration and the people so that the district administration is helped in the administrative work. Thirdly these bodies are considered important for the process of development and planning.
Q8. What role can the local government agencies play in development work?
Ans. The Panchayati Raj institutions ensure participation in local government and to help the development programmes and plans. The local government has taken even the villager into the general government of the country. The villager does not only vote but is also involved in the institutions that are quite near to him. He is totally involved in the developmental work and can ensure its completion first hand. He is involved in decision making and also sees to it that the right decisions are taken and is there it ensure it is within the purview of the constitution. The local government is a big help to the State and the Central governments in the fulfillment of the developmental programs.
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