AP Inter 2nd Year Civics Study Material Chapter 13 Recent Developments in Andhra Pradesh and India

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 13th Lesson Recent Developments in Andhra Pradesh and India Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 13th Lesson Recent Developments in Andhra Pradesh and India

Long Answer Questions

Question 1.
Describe the Formation of Andhra Pradesh State.
Answer:
The Desire of Formation of Andhra Pradesh is not a new one. Sri C.R. Reddy expressed his feeling of formation of Andhra Pradesh by virtue of their Telugu speaking on the eve of his guest lecture of convocation of Osmania University in 1938 later Proi. Mamidipudi Venkata Rangaiah expressed this view in an article.

1) Role of Communist Party:
The Credit of the development of concept of Visalandhra has goes to communists of Andhra. They got thumping majority in 1952 general elections both in Andhra and Telangana regions the formation of Visalandhra was also included in their election manifesto to they used to promote the feeling among the people by establishment of Andhra State in 1953, October 1st the politics has gone through the regions of Andhra and Telangana towards the formation of Visalandhra.

2) First Visalandhra Mahasabha :
In 1949, November 26 the first Visalandhra mahasabha was held at Vijayawada under the leadership of Sri Ayyadevara Kaleswara Rao.

3) Second Visalandhra Mahasabha:
In 1954, June 13 and 14 the second Visalandhra Mahasabha was held at Hyderabad led by Sri. Sri.

4) Fazal Ali Commission:
In the wake of formation of separate Andhra the Keralites, Kamatakas used to agitate for separate states. The Marathas’had also joined with them N.V Gadgil advised Nehruji, it is inevitable to the formation of linguistic state, unless and otherwise the congress party eould not survive in South India. By following this advice on 22nd December, 1953 the Indian government has announced the formation of State Reorganization Commission (SRC) under the chairmanship of Fazal Ali, Besides him H.N.,Kunzru and K.M. Phanikkar were other members. The committee had submitted its report to the union government on 30th September, 1955.

The contmittee in its report observed and examined merits and demerits by forming Visalandhra and it also studied deeply the formation of separate, Telangana and its positive arguments by mentioning positive and Negative views the committee advised it is better to make an agreement like Sri Bagh which was held in the case of formation of separate Andhra State which does not create any obstructions for development of Telangana and will not create any harm to job opportunities and to protect the interests of Telangana people then the Visalandhra can be formed in addition to the above the Telangana Legislators has to approve the resolution with 2/3 majority who were elected in 1952.

5. Gentlemen’s Agreement :
In order to clear the doubts among the people of Telangana that the Visalandhra may obstruct their interests, the gentlemen’s Agreement look place on 20th February, 1956 at Delhi basing on the recommendations of Fazal Ali Commission. It was attended by Sri Bezawada Gopala Reddy the then Chief Minister of Andhra State, and his Colleagues Sarvasri Neelam Sanjeeva Reddy, Gouthu Lanchanna, Alluri Satyanarayana Raju from Andhra Region.

Sri Burgula Ramakrishna Rao the then Chief Minister of Hyderabad state and his colleagues Savasri K.V. Ranga Reddy, Marri Chenna Reddy, J.V. Narsinga Rao from Telangana Region, They had signed on the Agreement which contains the follows aspects. ‘

  1. The administrative expenditure of the state shall be contributed in proportion of both Andhra and Telangana. The surplus of Telangana should be confined for its development up to five years and it may be extended for another five years at the request of Telangana legislators.
  2. The educational opportunities which are in Telangana shall be provided for them only more development is to be extended. Technical education and seats in Universities shall be allocated up to 1/3 for Telangana students.
  3. The Vacancies arise in Future shall be allocated to both Regions in proportion to their population.
  4. 12 years of Residency is must for Andhra people to get job in Telangana.
  5. Regional Development council shall be constituted for over all development of Telangana.
  6. In Council of ministers there shall be 60% from Andhra and 40% from Telangana respectively there must be one Muslim from Telangana part.
  7. If the chief minister is belongs to Andhra Region, the deputy chief minister must be from Telangana Region and vise-versa. At least 2 port folios must be given to Telangana out of Home, Finance, Revenue, Planning, Development, Commerce and Industry.

Decks had been cleared for formation of Visalandhra in the wake of gentle men’s agreement. The state Reorganization Bill was introduced in both houses of parliament on 16th March, 1956.

On 5th April, 1956 the bill was approved by the Andhra legislative assembly by the following amendments.

  1. The Name of the state should be Andhra Pradesh.
  2. The capital and the high court must be set up at Hyderabad.
  3. The general elections shall be held for the entire Andhra Pradesh in 1962.
  4. The legislative council with 72 members should be setup.

→ On 13 April, 1956 the bill was approved by the Hyderabad state legislative assembly.
→ On 25th August, 1956 the bill was approved by Rajya Sabha and later by Lok Sabha.
→ On 31st August, the president of India gave his assent to the bill.
→ On 1st November, 1956 on the eve of Diwali the first linguistic state of Andhra Pardesh was formed.
→ C.M. Trivedi was the first governor.
→ Neelam Sanjeev Reddy was the first chief minister.

AP Inter 2nd Year Civics Study Material Chapter 13 Recent Developments in Andhra Pradesh and India

Question 2.
Examine the causes that led to Bifurcation of Andhra Pradesh.
Answer:
The movement for separate Telangana state was revived with the creation of Chattisgarh, Jharkhand and Uttarakhand in 2000. This time, the political movement was spear headed by the Telangana Rashtra Samithi (TRS). Andhra Pradesh was the first state to be formed on the linguistic basis. But even after co-existence of 57 long years, the sense of same language has failed to keep the people of the state united.

The rationale behind the agitation for Telangana is not merely .’Economic Backwardness’ but the culmination of grievances such as intentional neglect of the region in water sharing, funds allocation, employment opportunities and even cultural discrimination. These claims may or may not pass the test of rationality. But, once a section of people start exhibiting their serious apprehensions and inconveniences to, live with their counterparts in other regions, it is difficult to sustain unity.

Causes that led to Bi-furcation :

  1. The congress party entered into an alliance with TRS in 2004 elections.
  2. The congress led UPA government promised that the decision on separate Telangana state will be taken at an appropriate time by getting consensus of all the political parties through the presidential address to the parliament during its first session on the eve of formation of 14th Lok Sabha. ,
  3. The U.P.A government constituted a cabinet sub-committee headed by Sri Pranab Mukhaijee to have wider consultations with all the political parties regarding credtion of separate Telangana. Sri Raghuvams Prasad Singh (RJD) and Sri Dayanidhi Maran (DMK) were the other two members.
  4. The Ruling party showed little interest in creating Telangana state. By the year 2009 when general elections are due, the congress party had gone back on its promise.
  5. During 2009 elections the Telugu Desam, CPI and CPM parties entered into electoral alliance with TRS by forming the grand Alliance that they are in favour of separate State of Telangana.
  6. In the Wake of Hunger Strike of Sri K. Chandra Sekhar Rao, the TRS supreme and with the intensification of agitation for separate Telangana. Home Minister Chidambaram said in December 2009, that is serious about Telangana.
  7. The government of India constituted a committee for consultations on the situation in Andhra Pradesh on 3rd February 2010. It was headed by Justice B.N. Sri Krishna. It examined two main issues namely, (i) the demand for separate statehood Telangana (ii) keeping the state united in the present form, Andhra Pradesh. The Committee submitted its report on 30 December, 2010 to the Ministry of Home Affairs.

The Sri Krishna Committee solicited suggestions and views from political parties, social organizations and other stakeholders. The Committee’s report contained six options. They are mentioned as follows.

  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 enlarged 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 Kumool 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 socio-economic development and political development of Telangana region.
  7. Telangana leaders rejected the recommendations of the Committee and insisted on the formation of Telangana state with Hyderabad as its capital, Protests in Telangana continued in the form of strikes, hunger strikes, suicides, giving petitions and roses to public officials and boycotting the public events. .
  8. The UPA coordination committee agrees to the division of Andhra Pradesh on July 30, 2013.
  9. Andhra Pradesh Reorganization Bill, 2014 was passed by the Parliament in February 2014 amidst pandemonium in the Parliament. The Seemandhra region was in turmoil.
  10. The Bill was attested by the President on March 1st 2014.
  11. The New 29th state of Telangana was created on 2nd June, 2014 with 119 members of Legislative Assembly and 40 members of Legislative Council, 17 members in the Lok Sabha and 7 members in Rajya Sabha.
  12. The Residuary state of Andhra Pradesh would-have 175 MLA’s, 58 MLC’s, 25 MP’s in Lok Sabha and 11 MP’s in Rajya Sabha. There would be a common High Court and the expenditure would be apportioned between the two states. Hyderabad will remain the common capital under the Governor’s supervision for not more than ten years. Later in May 2015 a nfew capital city for Andhra Pradesh was announced with ‘Aitiaravati’. The capital city would stretch to the parts of Guntur and Krishna districts of the new state.

Question 3.
Define Human Right? Describe the structure of National Human Rights Commission of India.
Answer:
Introduction :
People are human so they are entitled to human rights. Human Rights determine standards to states and governments to protect the vulnerable Individuals and groups against oppression.

Definition:

  1. Section 2(d) of the protection of Human Rights Act, 1993 defines Human Rights as “Rights relating to life, Liberty, Equality and dignity of the Individual, guaranteed by the constitution or embodied in the International covenants and enforceable by the courts in India”.
  2. According to UNO Human Rights are freedom to all irrespective of place, sex, religion, language etc.

As per the U.N. Declaration of human rights, the government of India too steps for its implementation. In 1993, it appointed National Human Rights Commission and also passed Human Rights Act in 1998.

Composition:
National human rights commission is a multi-member body. It consists of four members, headed by the former chief justice of the Supreme Court. There will be a Supreme Court judge (or former Judge). A high court judge (or former high court chief justice) and two other members who actively participated in the human rights activities. The chairman of scheduled castes, scheduled tribes, minorities commissions, chairperson of national women commission act as the ex-officio members of the commission. There will be a General Secretary having the status of Secretary general in the commission.

Appointment:
The chairman as well as members of the commission are appointed by the President of India.

Tenure :
The Chairman and members shall hold their office for five years or until the super annuation age of 70, years which ever is earlier.

Functions :
The following are some of the important functions of national human rights commission.

  1. The national human rights commission makes enquiry into the cases of violation of human rights by the public authorities.
  2. It enquires into the cases of human rights violation as permitted by the judicial organizations.
  3. It review the various legislative measures in regard to the implementation of human rights.
  4. It makes suggestions for averting terrorist operations affecting human rights.
  5. It makes research into the matter of human rights.
  6. It takes steps for creating awareness of human rights among the people.
  7. It gives encouragement to voluntary organizations in the mutters of preserving human rights.

Question 4.
Explain about the Right to Information Act.
Answer:
The Right to Information act 2005 is an act of the parliament “to provide a setting out the practical regime of right to information of citizens”. The act applies to all states and Union territories of India except to Jammu and Kashmir. According to the act all the citizens have the right to seek information from any quarter which under the control of the public authority. The idea’is tq give transparency, accountability and disclosure in Government administration.

The act specifies that citizens have a right to –

  • Request any information.
  • Obtain copies of documents.
  • Inspect document works and records,
  • Takes certified samples of materials of work.

Process :
Under the act all authorities covered must appoint their information officer (PIO). Any person may submit request to the PIO for information in writing. If the request has been made to the PIO the reply is to be given within thirty days of receipt.

If information is not provided within this period it is treated deemed refusal. This is a fee of Rs. 10 filling the request Rs. 2 for page of information Rs. 5 each hour of after the first hour. Persons Below the Poverty Line (BPL) are exempted from the fee payment. However he or she should submit a proof in support of his or her claim for belonging to the section below poverty line.

Exclusions :
IB, RAW, CBI, Directorate of revenue Intelligency, Central Economic Intelligency, Bureau, Narcotics Control Bureau, BFS, CRPF, ITBP, Dadra and Nagar Haveli and Special branch, Laksha Dweep Police for that information relating to all allegation of human right violation could be given but only with the approval of Central (or) state information commission.

The following exempt from disclosure section (8) Eight:
→ Information disclosure of which would prejudicially effect the sovereignty and integrity of India.
→ Information which has been expressly forbidden to be published by any court of law or tribunal or disclosure of which may constitute contempt of court. Information the disclosure of which would cause the breach of privilege of parliament (or) state legislature.
→ Information whjch would impact the process of investigation or apprehension of prosecution of offenders.
→ The administrator appointed under Article 239 of the constitution.

The central information commission :
The central information commission consisted of one chief commissioner, number of CIC not exceeding ten. All the commissioners shall be appointed by the president of India. Head quarter is in Delhi.

The state information commission :
The state information commission consisted of one chief commissioner and not more than ten. Information commissioners appointed by the state.

The central information commission or state information commission as the case may be shall while inquiring into any matter have the same powers as or vested in a civil court.

Short Answer Questions

Question 1.
Describe the formation of Andhra State. [Mar. 18, 16]
Answer:
During Vandhemataram movement, the senior congressmen of Andhra Region, Sri Bhoga Raju Pattabhi Seetha Ramaiah, Mutnuri Krishna Rao, Konda Venkatappiah and Tanguturi Prakasam Met at Machilipatnam and discussed about formation of an Integrated Andhra state by uniting the regions of Andhra, Rayalaseema and Telangana. In the Madras State, There are 58% of Telugu areas and 40% of Telugu people were remained backward.

This created the feeling of separate state of Andhra among them strongly. In 1912 the joint session of Godavari, Krishna and Guntur was held at Nidadavole under the chairmanship of Sri Vemavarapu Ramadas and passed a Resolution for formation of separate Andhra State.

1) The First Andhra Mahasabha, Bapatla 1913:
In 1913 at Bapatla of Guntur district, the First Andhra Mahasabha was held which was presided by Sri B.N.Sarma. It was attended by 800 delegates and 2000 Audience.

2) The Second Andhra-Mahasabha, Vijayawada 1914 :
On 11th April of 1914 the second Andhra Mahasabha was held at Vijayawada which was presided by Sri Nyapathi Subba Rao, Sri Ayyadevara Kaleswara Rao of Vijayawada was its Convener. It was attended by 1600 delegates.

3) The Third Andhra Mahasabha, Visakhapatnam 1915 :
In 1915, May the third Andhra Mahasabha was held at Visakhapatnam under the chairmanship of Sri Panagallu Raja Rama Rayanim. It pass two resolutions.

  1. Formation of separate Andhra State, Inevitable
  2. Teaching in mother tongue up to secondary school level

The Nagpur congress session in 1920 has declared officially by accepting the doctrine of linguistic states. It has Recoginsed 21 languages on that basis the separate Pradesh congress was launched. Article 52 of Indian council Act of 1919 which was made on the Report of Montague – Chelmsford stated that the government may accept the proposal of separate’Andhra State if such resolution is passed by majority in the state legislature.

In 1926, the Andhra university was established with a view to provide higher education to Andhra people due to sincere efforts by the then education minister, Sri Anem Parasuram Pathro.

In 1932, under the chairmanship of Sri Kadapa Kotireddy, The separate Andhra Mahasabha was held at Madras. Sri Kasinadhuni Nageswara Rao Pantulu and Prominent leaders of Andhra and Rayalaseema were participated.

4) Sri Bagh Pact :
On 14th November, 1937 at Madras in the residence of Sri Kasinadhuni Nageswara Rao panthulu namely “Sri Bagh” the meeting of leaders of Andhra and Rayalaseema was held.

Leaders from Andhra regio,n were Dr. Bhoga Raju, Pattabhi Seetha Ramaiah, Konda Venkatappaiah, Mahboob Alibegh, Desi Raju Hanumantha Rao, Mullapudi Pallam Raju and Kasinadhuni Nageswara Rao Pantulu.

Leaders from Rayalaseema were Sri Kadapa Kotireddy, Seetha Rami Reddy, Subbu Rami Reddy, T.N.Rama Krishna Reddy, Pappuri Ramachari and Varadachari.

On 30th march, 1938 Konda Venkatappaiah introduced a Resolution in Madras Assembly and it was seconded by Kadapa Koti Reddy. The then chief minister addressed the house on resolution. Later it was passed by the house unanimously.

In 1938 The Andhra Mahasabha was held which was presided by Dr. Sarvepalli Radha Krishna and discussed about capital.

The First Andhra Mahasabha, Bapatla 1913
The Second Andhra Mahasabha, Vijayawada 1914
The Third Andhra Mahasabha, Visakhapatnam, 1915
Sri Bagh Pact
Events that led to the formation of Andhra State.
J.VR Report
Hunger Strike of Swami Seetharam
Hunger Strike fast un to death of Potti Sreeramulu
Waanchu Committee 1953

5) J.VR Report:
The Jaipur congress session appointed three men committee which consists of Jawaharlal Nehru, Vallabhaipatel and Pattabhi Seetha Ramaiah, Popularly Known as JVP Committee to re consider the Separate state demand. The committee submitted report in 1949 April Stating that the separate state can be formed upon a condition that the Andhra people has to set a side the desire of Madras city.

6) Hunger Strike of Swami Seetha Ram :
With a view to get easy and speedy formation of separate Andhra State by over coming of all hurdles Sri Swami Seetha Ram (Sri Gollapudi Seetha Ram Sasthri) Started hunger strike on 15th August, 1952 at Guntur Town hall it was continued for 36 days.

7) Hunger Strike Fast un to death of Potti Sreeramulu:
For the Separate state hood of Andhra Potti Sreeramulu has started fast un to death on 19th October, 1952 at the Residence of Maharshi Bulusu Sambamurthy and it was later named as “Yagnasala”.

Under these circumstances on 9th December 1952 the union government announced that the government would consider the issue of Separate Andhra state if the Andhra people will agree for separate Andhra apart from Madras By that time Fast un to death of Potti Sreeramulu has gone to 52nd day on 15th December 1952 at 11.39 p.m. Potti Sreeramulu Possess away.

8) Waanchu Committee 1953 :
In Jan, 1953 the Government of India has appointed Justice Waanchu, the chief Justice of Rajasthan High Court to study the formation of separate Andhra state soon after the receipt of Waanchu report prime minister Nehru announced that the Andhra state will be formed on 18th October, 1953 and furtherly he stated it is the responsibility of Andhra Legislators to decide the capital, which has to be set up in Andhra region except Madras.

Formation of Andhra State:
The government of India appointed C.M.Trivedi as special officer to look into the New state formation activities. The separate state of Andhra was officially formed with “Kumool’ as its capital on 18th October, 1953 as announced earlier.

New Andhra State Consists of 11 Andhra districts Viz, Srikakulam, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur, Nellore, Chittoor, Kadapa, Anantapur and Kurnool.

High court was set up at Guntur on 4th July, 1954 Justice Koka Subba Rao was the first chief justice C.M.Trivedi was the First Governor of Andhra state.

“Tanguturi Prakasam Panthulu” was the first thief minister. Prime Minister Jawaharlala Nehru launched the Andhra State on 1st October, 1953. The people through out the state had Celebrated it as great event and Festival.

AP Inter 2nd Year Civics Study Material Chapter 13 Recent Developments in Andhra Pradesh and India

Question 2.
Examine the Factors that led to Jai Andhra Movement
Answer:
Jai Andhra Movement (1972) was a sequal to the Telangana agitation (1969) which demanded only “Mulkis” should be appointed to the posts in Telangana including Hyderabad city. The ‘Mulki’ issue had a long history behind it. As early as in 1969, the Nizam State of Hyderabad issued a farman laying down that only ‘Mulkis’ are eligible for public appointments in the state. ‘Mulki’ was defined as one who was bom in the State of Hyderabad or resided there continuously for fifteen years and had given an affidavit that he or she has abandoned the idea of returning to his or her native place.

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

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

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

Question 3.
What are the Initiative under taken by NHRC?
Answer:
The National Human Rights Commission (NHRC) is a statutory body. It was established on October 12th, 1993. The NHRC is the guardian of Human Rights in the country, i.e., the Rights relating to life, liberty, equality and dignity of the Individuals guaranteed by the constitution.

Initiatives under taken by NHRC :

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

Question 4.
Why are Human Rights commissions necessary at the National and State Level?
Answer:
People are human so they are entitled to Human Rights. Human rights determine standards to states and governments to protect the vulnerable individuals and groups against oppression.

The Human Rights Protection Act, 1993 facilitates not only the creation of National Human Rights Commission but also a State Human Rights Commission at the state level. At present 23 states in India have constituted the State Human Rights Commission and Andhra Pradesh is one among them. The main objective of State Human Rights Commission is to inquire into violation of human rights only in respect of subjects mentioned in the State List and concurrent List of the 7th schedule of Constitution.

The National Human Rights Commission is the guardian of human Rights in the country i.e. the rights relating to life, liberty equality, and dignity of the individuals guaranteed by the constitution.

Whereas the State Human Rights Commission is the guardian of human rights in the state.

Question 5.
What are the Powers and Functions of Information Commissions? [Mar. 17]
Answer:
The following are the powers and functions of information commissions both at 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 timelimits;
  • 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 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 inspecition 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 (C.IC / 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.

AP Inter 2nd Year Civics Study Material Chapter 13 Recent Developments in Andhra Pradesh and India

Question 6.
How is the Central Information Commission Constituted?
Answer:
The Central Information Commission (CIQ is constituted by the central government through a Gazette Notification.

Composition:
The Central Information Commission consists of one Chief Information Commissioner (CIC) and 10 other information Commissioners (IQ.

The Commission shall have its head quarters in Delhi. Other offices may be established in other parts of the country.

Appointment:
The Chief Information Commissioner and Information Commissioners will be appointed by the president of India, basing on the recommendations of the appointment committee headed by the Prime Minister.

Eligibility (or) Qualifications :
The persons who wish to be appointed as chief information commissioner and information commissioner must possess the following

Qualifications:

  • He must be person of eminence in public life with wide knowledge and experience in law, science and Technology, Social service management, Journalism, Mass media or Administration and governance.
  • He shall not be a member of either union or State Legislature
  • He shall not hold any other office of profit
  • He shall not be connected with any political party
  • He shall not carrying on any business or pursuing any profession.

Tenure :
The Chief Information Commissioner and Information Commissioners shall remain in office for a period of 5 years or till they attains the age of 65 years, which ever is earlier.

Salary :
The salary of CIC and i.e will be the same as that of the chief Election Commissioner and the Election Commissioner.

The Commission will exercise its powers without being subjected to directions by any other authority.

Question 7.
What is the Time Limit to get the Information?
Answer:
Any citizen of the country can seek information from any agency subject to certain limitations. The applicant should submit an application to the Public Information Officer (PIO) or Assistant PIO or who is the officer to give information to a person, who seeks information under this Act, accompanied by a nominal fee (usually Rs. 10/-) in the form of demand draft / banker cheque / Indian Postal Order / Court Fee stamp. Persons below the poverty line (BPL) are exempted from the fee payment. However he / she should submit a proof in support of his or her claim for belonging to the section below poverty line.

Information is to be provided by the PIO / asst. PIO within 30 days if life and liberty is involved, the information should be furnished within 48 hours where third party is involved it is to be provided within 40 days. If the information is not forthcoming within the stipulated period, first appeal can be made to the head of the department. After a reasonable gap, the second appeal can be made to Information Commission. For refusing to furnish information or for unreasonable delay or for providing false information, a penalty of Rs. 250/- a day can be levied up to a maximum of Rs. 25000/-, and the employee can be prosecuted.

Question 8.
What are the different options suggested by Sri Krishna Committee regarding the status of Andhra Pradesh State? [Mar- 18, 16]
Answer:
The government of India constituted a Committee for consultations on the situation in Andhra Pradesh on 3rd February, 2010 headed by Justice B.N.Sfi 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 Kumool 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 Socio-economic development and political development of Telangana Region.

Very Short Answer Questions

Question 1.
Gentlemen Agreement.
Answer:
In order to clear the doubts among the people, of Telangana that the Visalandhra may obstruct their interest, the gentlemen’s agreement took place on 20th February, 1956 at Delhi basing on the recommendations of Fazal Ali Commission. It was attended by Sri Bezawada Gopala Reddy the then Chief Minister of Andhra State, and his colleagues Sarvasi Neelam, Sanjeeva Reddy, Gouthu Lanchanna, Alluri Satyanarayana Raju from Andhra region.

Sri Burgula Ramakrishna Rao the then Chief Minister of Hyderabad State and his colleagues Savaging K.VRanga Reddy Marri Chenna Reddy, J.V.Narsinga Rao from Telangana Region. They had signed on the Agreement.

AP Inter 2nd Year Civics Study Material Chapter 13 Recent Developments in Andhra Pradesh and India

Question 2.
JVP Committee. [Mar. 18, 16]
Answer:
The Jaipur Congress session appointed three men committee which consist of Jawaharlal Nehru, Vallabhaipatel and Pattabhi Seetha Ramaiah popularly known as JVP Committee to reconsider the separate state demand. The committee submitted report in 1949 April stating that the separate state can be formed upon a condition that the Andhra people has to set a side the desire of Madras city.

Question 3.
Sri Bagh Pact.
Answer:
When the Andhra movement was in full swing the leaders of Rayalseema and Andhra met at the residence of Sri Kasinadhuni Nageswara Rao Panttulu on 14th November, 1937 popularly known as “Sree Bagh” the following leaders were participated in the meeting.

The meeting was held in a peaceful atmosphere. The following were the chief provisions of the pact.

  1. The centres of Andhra universities will be established one at waltair and another , at Rayalaseema.
  2. Giving importance to the development of Rayalaseema.
  3. Equal representation in the assembly for all the districts.
  4. To set up either new capital or high court in Rayalaseema.

Question 4.
Fazal Ali Commission.
Answer:
On 22nd December 1953 the Indian government has announced the formation of States Re-organization Commission (SRC) under the chairmanship of Fazal Ali, besides him H.N Kunzty and K.M Phanikkar were other members. The committee had submitted its report to the union government on 30th September 1955.

Question 5.
Criteria to be followed to be appointed as the chairperson of NHRC. [Mar. 17]
Answer:
The Chairperson of the NHRC is appointed by the president of India, on the recommendations of a six (6) member committee consisting of further a sitting judge of the supreme court or a sitting chief justice of High Court can be appointed only after consultation with the chief justice of India. This high level and politically balanced committee, together with the statuatory requirements relating to the qualifications of the chairperson.

Question 6.
Procedure to be considered for the appointment of chairperson and members of the state HRC.
Answer:
The Chairman and members of state HRC are appointed by. the concerned state governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the legislative assembly. In the case of a state having legislative council, the chairman of the council and the leader of the opposition in the council would also be the members of the Committee. The sitting judge of a High Court or a sitting District judge can be appointed as members only after consulation with the chief justice of the high court of the concerned state.

Question 7.
Human Rights Commission as a civil court.
Answer:
The Human Rights Commission has the powers of a civil court under the code of civil procedure, 1908 in respect of-summoning and enforcning the attendance of witness; discovery and production of any document; receiving evidence on affidavits, requisitioning any public record or copy there of from any court or office ; issuing commissions for the examination of witnesses or documents and request of public record as listed under section 13 of the Act.

It has authority to grant interim relief.
It can recommend payment of compensation for the damages.

Question 8.
The Jurisdiction of NHRC on Armed forces.
Answer:
The National Human Rights Commission (NHRC) has limited role, powers, and Jurisdiction with respect to the violation of Human Rights by the Armed force. It has no power to punish the violation of Human Rights. The Commission’s Role is an advisory, Recommendatory. The government considers the cases forwarded by it.

Question 9.
Public Information Officer (PIO).
Answer:
Under the Right to Information Act, 2005 all authorities covered must appoint their information officer. Such an officer is called as Public Information Officer (PIO). In All Administrative Units PIO’s are designated to furnish information to any citizen. Any person may submit request to the PIO for information in writing.

AP Inter 2nd Year Civics Study Material Chapter 13 Recent Developments in Andhra Pradesh and India

Question 10.
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.

AP Inter 2nd Year Civics Study Material Chapter 12 Political Parties

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 12th Lesson Political Parties Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 12th Lesson Political Parties

Long Answer Questions

Question 1.
Write an essay on the major National Political Parties in India.
Answer:
India is the largest democratic country in the world. Political parties in India are classified into two types.

  1. All India Parties (or) National Parties and
  2. Regional Parties

1. National Parties :
A political party that participates in four or more states in Lok Sabha elections and secures 6% of valid polled votes plus 4 Lok Sabha- seats can be recognized as National Party by the Election Commission of India.

At present there are 6 major National parties in India they are :

  1. Indian National Congress (INC)
  2. Bharatiya Janata Party (BJP)
  3. Communist Party of India (CPI)
  4. Communist Party of India Marxist (CPM)
  5. Bahujan Samaj Party (BSP) .
  6. Nationalist Congress Party (NCP)

1. Indian National Congress (INC):
Indian National Congress is the oldest All India Political Party in our country. It was founded by A.O. Hume, a British Civil Servant on 28th December 1885. Womesh Chandra Banerjee was its first President. This party has played a prominent role in the Indian National movement agairist the Britishers and ultimately secured Independence. After Independence, the Congress kept on dominating the Indian Political science. It became the ruling party at the union and in majority of the Indian States upto March 1977.

Again it came to power during 1980-89 and 1991-1996. Between 1996 – 2004 it acted as a recognised opposition party at the centre. In 2004, it came to power at the centre as a major partner in United Progressive Alliance (UPA). It was the first congress led coalition at the centre. Again in 2009 general elections the congress led UPA, Secured Majority and formed government at centre with its allies.

2. Bharatiya Janata Party (BJP):
Bharatiya Janata Party is one of the All India Parties in India. It was founded in February 1980. It has been playing an active role in Indian Politics. It remained in power at the centre during 1998 – 2004. The party has remained as a major partner in the NDA government at the centre in the 13th Lok Sabha. The party remained as the main opposition party in the 14th and 15m Lok Sabha. Now it is in power at the centre under the leadership Sri Narendra Modi’, the Prime Minister of BJP led NDA government since 2014, May.

3. Communist Party of India (CPI) :
Revolutionary leaders and great intellectuals like M.N. Roy were very much fascinated by the Great October Revolution in Russia. Accordingly, the Communist P«arty of India was established on Dec. 26, 1925. Its main aims were to unify the workers, to fight against the colonial rule, to bring about a revolution through class war etc.

The party’s support was more concentrated in Andhra Pradesh, Telangana, West Bengal, Bihar and Kerala.

4. Communist Party of India Marxist (CPI(M)) :
The split in the Communist Party of India in 1964 at the Vijayawada session led to the birth CPI Marxist party. The extremists headed by Puchallapalli Sundarayya, Nambudripad, Jyoti Basu etc., formed the Marxist party. In fact there is not much difference in the ideology between the two parties. They differ only in the means. Of the CPI has moderate and rightist nature CPI (M) has extremist and leftest in nature. If the CPI is pro-Russia and CPI (M) is pro-China. The CPI(M) has a strong presence in the states of Kerala, West Bengal and Tripura.

5. Bahujan Samaj Party (BSP) :
Bahujan Samaj Party is a National Party in our country. It was founded by Kanshi Ram in 1984. The Bahujan Samaj Party – a party dominated by Dalits is the outcome of the merger of employees federation and Dalit Shoshit Samaj Samiti. Kanshi Ram was the torch bearer of this party and Mayawati its beacon light. Mayawati has been described as the guiding angel of the BSP and in fact its savior. The Scheduled Castes, Tribes, educationally and socially downtrodden classes, employees and workers of these classes are the members of this party. After the death of its mentor Kanshi Ram, Mayawati has become the savior of the party in all respects. The BSP has considerable hold in the U.P.

6. Nationalist Congress Party (NCP) :
The Nationalist Congress Party (NCP) is a Centre to Centre left political party primarily based in the states of Maharastra, Kerala and Meghalaya. NCP was formed on 25 May 1999, by Sharad Pawar, P.A. Sangma and Tariq Anwar after they were expelled from the Indian National Congress (INC) on 20th May 1999, for disputing the right of Italian – bom Sonia Gandhi to lead the party. Sharad Pawar is its president. It was an ally of congress led UPA government during 2004 to 2014.

AP Inter 2nd Year Civics Study Material Chapter 12 Political Parties

Question 2.
Explain the various types of Parties and estimate the role of Regional Parties in India.
Answer:
There are four types of Political Parties in the modem democratic states. They are:

  1. Reactionary Parties
  2. Conservative Parties
  3. Liberal Parties, and
  4. Radical Parties

The Reactionary Parties are those which are clinging to the old socio-economic and political institutions. The Conservatives believe in the status quo. The Liberal Parties aim at reforming the existing institutions. The Radical Parties aim at establishing a new order by overthrowing the existing institutions. Parties are also again classified on the basis of ideologies. The political scientists have placed the radical parties on the left, the liberal parties in the Centre and the reactionary and conservative parties on the right. In other words, they are described as the leftist parties’, ‘centrist parties’ and ‘rightist parties’.

After India became independent many political parties came into existence. Among these are some national parties, while some are regional parties D.M.K. in Tamil Nadu, Telugu Desam in A.P., National Conference in Jammu and Kashmir, Kranti Ranga in Karnataka and Assam Gana-Parishad in Assam have come into existence and have flourished as regional parties.

Reasons for the rise of regional parties :
Regional parties have been playing a vital role in the Indian politics. These regional parties have come into existence due to the causes mentioned here under.

Causes for the promotion of regional parties :

1) Regional parties based on regional issues :
India is a vast country with a great diversity. The Governments that came to power after Independence have not attempted to eliminate the economic imbalances and the differences between the different regions. Regional parties have come into existing basing on a problem in a certain region. In Tamil- Nadu at first D.K. and later D.M.K, have come into existence basing on the issues of preservation of Tamil culture, language issue and opposition to the imposition of Hindi.

In Punjab, Akali Dal was set up for the formation of a Punjabi Suba to safeguard the special status of Kashmir, National Conference was founded. Due to excessive intervention of the centre in Andhra Politics and the self-respect of Andhra Telugu Desam party come into existence and captured power in 1983. As regional parties have given prominence to the solution of the local issues, they have been reaping the sympathy of the people. So within a short time regional parties have flourished. ’

2) Failure of the Congress in solving regional issues :
The regional parties have flourished due to the failure of the Congress in solving regional issues. The Congress party has not taken regional disparities into account. It has not also tried to solve them in time and in a faetful way. D.M.K in Tamil Nadu became powerful on account of the language problem and the imposition of Hindi to which Tamilians are opposed. On account of the Centre’s frequent intervention in A.P Politics and disregard in selling up Central Government Industries Telugu Desam became powerful. In all the regions where regional parties have been formed, the failure of the Congress in solving regional issues is clearly seen.

3) Economic disparities between the states :
The Central Government has not implemented schemes to remove the economic disparties between the regions of the country and to ensure economic well being of all the regions. As economic disparties between the different states grew, the protests and agitations gave rise to the birth of the regional parties. With the vast economic resources at it’s disposal the centre did not attempt to remove the economic disparties. Economic inequalities are the main causes behind political agitations or movements. The frustration at the different provincial level gave rise to the rise and development of regional parties.

4) Individuality of regional leaders and their influence :
The individuality and influence of the regional leaders can be said to be one of the factors for the rise of regional parties. May parties have been founded only by leaders who have individuality and influence. These have been able to secure popularity.
Ex : Sri M.G. Ramachandran has founded the A.I.A.D.M.K. and Sri N.T. Rama Rao founded the Telugu Desam party. The strength behind these regional parties is derived from one individual. So, the party workers in a disciplined manner exhibit their allegiance to their leader; By this factor only regional parties have been thriving.

5) Electoral agreements or adjustments :
Where the regional parties are strong the national parties for their existence have been making electoral alliances with the regional parties. After the elections depending on the results these national parties have been joining the ministry or lending support from outside. So.these regional parties have been flourishing.

These factors have been responsible for the growth of regional parties in India.

Question 3.
Write an essay on “One Party Dominance” in India.
Answer:
Indian National Congress is the oldest All India Political Party in our country. It was founded by A.O. Hume, a British Civil Servant on 28th December 1885. Womesh Chandra Baneijee civil was its first president. This party has played a prominent role in the Indian National movement against the Britishers and ultimately secured independence. After independence, the Congress kept on dominating the Indian Political Science. It became the ruling party at the union and in majority of the Indian States. The Role of the Congress party was so great that India was often described as a single dominant Party System.,

Support Base :
During the freedom struggle, the Indian National Congress enjoyed the support of all sections of society, particularly the middle class and the new intellectual Elite. After independence it enjoyed a remarkable popular support among the masses. The congress has always tired to identify itself with the poor of India. Garibi Hatao has been its popular slogan.

During 1947 – 67 the congress ruled the union and almost all the states of the union. In 1967 it suffered a set back when in several states non-congress parties came to power. Its leaders Jawaharlal Nehru, Lai Bahadur Sastri and Indira Gandhi have acted as the Prime Ministers in succession from 1947 to 1977. In 1977 elections the Congress lost its power because of misrule and authoritarian rule during the emergency from 1975 to 1977. In 1980 and 1984 it came back to power under the leadership of Mrs. Indira Gandhi and Rajiv Gandhi. In 1991 elections congress formed government under the prime ministership of P.V. Narasimha Rao, after the assasination of Rajiv Gandhi.

The destruction of the controvercial Babri Masjid during Rao’s rule proved to be a great curse to the party. The economic reforms initiated in this period were not openly acknowledged. In 1996 election the party failed to win. In 14th and 15th Lok Sabha elections Under the leadership of Mrs. Sonia Gandhi the congress led UPA, won the majority and formed government at the centre under the Prime Minister of Dr. Manmohan Singh. In 15th Lok Sabha election the UPA contested with the Slogan “Jai ho”

Short Answer Questions

Question 1.
What is Political Party? Explain its characteristics and functions. [Mar. 16]
Answer:
Political Parties are the life blood of democracy. Political parties mould public opinion and create an order out of the choos of individual opinion. In general sense, political party is an organized group of citizens having the purpose of controlling the government through shared interest, by replacing some of its members in public office.

Political parties are defined by various political scientists in different ways. Some of them are given below :
1) Gilchrist:
“Political party as an organized group of citizens who profess to share the same political views and who acting as a political unit try to control the Government”.

2) Leacock :
“A political party is a more or less organized group of citizens who act together as a political unit”.
Characteristic of Political Parties : The following are the important characteristics of political parties. .

  1. A party should consist of a group of persons of common interest and shared values.
  2. A party should have its own ideology and programme.
  3. It should capture power only by constitutional means through elections.
  4. It should endeavour to promote the national interest and national welfare.

Functions of Political Parties: The following are the main functions of political parties.
1) They articulate and aggregate social interests of people :
Parties express public expectations and demands of social groups to the political system. Parties put forward different policies and programmes for the welfare of people. These political parties are articulate and aggregate the people’s demands and channelize into political system for policies.

2) Political recruitment :
Political parties perform the recruitment function in the political system. Parties recruit leaders, train them and then make them ministers to run the government in the way they want By this recruiting function, they provide leadership to the country.

3) Means of public opinion :
They raise and highlight the people’s problems and issues. Political parties may agitate and launch movements for the solution the problems faced by people. Political parties demand the government for welfare policies their- programmes will reflect the opinion of the people.

4) They promote political Socialization and participation of citizens:
Political parties create a link between citizens and the political system ; they enable political participation of individuals and groups with the prospect of success. They educate the citizens and prepare them for their adult roles are us citizens and voters.

5) Making laws :
When parties come to power, they make laws for the country. Irrespective of their personal options. Opposition parties also participate in the discussion and debates and suggest the changes in the policies and programmes of the government.

6) Role of opposition :
Parties that lose in elections play the role Of opposition to the parties in power by criticizing the government for its failures or wrong policies. They can evaluate the performance of the ruling party and inform to the public about the merits and demerits of the policies and acts made by it.

7) Access to government machinery and welfare Schemes :
For an ordinary citizen, it is easy to approach a local party leader than a government officer. That is why they feel close to parties ever when they do not fully trust them. Parties have to be responsive to people’s needs and demands.

8) They contribute legitimacy to the political system:
In establishing the connection between citizens social groups and the political system, the parties contribute in anchoring the political order in the consciousness of the citizens and in social forces.

AP Inter 2nd Year Civics Study Material Chapter 12 Political Parties

Question 2.
What do you know about Party System? Give a note on types of Party System.
Answer:
Party System :
Party System is a modem phenomenon which has less than 200 years of age. Parties and party system emerged in Europe, North America and Japan around the third decade of the 19th century.

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

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

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

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

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

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

Question 3.
Write briefly the characteristics of Indian party system.
Answer:
Political parties are essential for the success of Democracy. They acts as agencies of public opinion and link between the government and the people. Modem democracy is unthinkable in the absence of political parties.

Characteristics (or) Features of India party system: The Indian party system has the following characteristics (or) features.

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

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

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

4. Personality Cult:
Quite often the parties are organized around an eminent leader who becomes more important than the party and its ideology. Parties are known by their leaders rather than by their manifesto. It is a fact that the popularity of the Congress was mainly due to the leadership erf Nehru, Indira Gandhi and Rajiv Gandhi. Similarly, the AIADMK in Tamil Nadu and TDP in Andhra Pradesh got identified with M.G. Ramachandran and N.T. Rama Rao respectively. In Tamil Nadu, after M.G. Ramachandran, Jayalalitha became the icon of the party for this culture. Hence, it is said that “there are political personalities rather than political parties in India”.

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

6. Emergence of Regional Parties :
Another significant feature of the Indian Party System is the emergence of a large number of regional parties and their growing role. They have become the ruling parties in various states like BJD in Orissa, DMK and AIADMK in Tamil Nadu, Akali Dal in Punjab, AGP in Assom, National Conference in J & K, JD(U) in Bihar and so on.

These regional parties have come to play a significant role in the national politics due to coalition governments at the Centre. In 1984 elections, the TDP emerged as the largest opposition party in the Lok Sabha and played a decisive role in national politics. In one context, i.e., during the NDA Government when Vajpayee was the Prime Minister at the Centre, Nara Chandra Babu Naidu played a ‘King Maker’ role at the centre.

7. Factions and Defections:
Factionalism, defections, splits, mergers, fragmentation, polarization and so etc., have been important aspects of the functioning of political parties Dais, two Communist parties, two Congresses and so on.

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

Question 4.
Write a note on Congress Party In India.
Answer:
Indian National Congress is the oldest All India Political Party in our country. It was founded by A.O. Hume, a British Civil Servant on 28th December 1885. Womesh Chandra Baneijee was its first president. This party has played a prominent role in the Indian National movement against the Britishers and ultimately secured Independence. After Independence, the congress kept on dominating the Indian political scence. It became the ruling party at the union and in majority of the Indian states up to March 1977.

  • Jawaharlal Nehru was the Prime Minister from 1946 to 1964.
  • Lai Bahadur Shastri was the Prime Minister from 1964 to 1966.
  • Smt. Indira Gandhi was the prime minister from 1966 to 1977.
  • Again it came to power during 1980 to 1989, again Smt. Indira Gandhi became the Prime Minister from 1980 to 1984 October, 31st, the day on which she was assassinated.
  • Rajeev Gandhi was the Prime Minister from 1984 to 1989.
  • It became the Ruling party during 1991 to 1996 under the stewardship of Sri. P. V Narasimha Rao.
  • Between 1996 to 2004 it acted as a recognized opposition party at the centre.
  • In 2004 it came to power at the centre as a major partner in united progressive Alliance (UPA).
  • Again in 2009 general elections the Congress led UPA secured majority and formed government at centre with its allies.
  • Dr. Manmohan Singh was the Prime Minister from 2004 to 2014.

Policies:
The Indian National Congress, during the pre-independence era has worked with a single point programme, called Swaraj. After achieving independence it was committed to implementation of the policies like secularism, socialism, international peace, equality and Justice. It has the following policies :

  1. The party aims to eradicate poverty, unemployment, economic inequalities, discrimination, exploitation etc.
  2. It strives to achieve full employment, optimum production, promotion of cottage and small scale industries, provatization, globalization and liberalization programmes in the industrial sector.
  3. It stafids for world peace and security and has belief in the policy of noninterference, non-alignment, friendly relations with all countries and to end racial apartheid in international sphere.
  4. It dedicates itself to the implementation of land reforms rescuing farmers in times of natural calamities, provision of credit at lower rates of interest, marketing and warehousing facilities in agricultural sector.
  5. It abides by the values of democracy and decentralisation of authority in political field.

Party organization :
Its constitutions was first formulated at Nagpur session (1920). Now, let us know something about its organization.
1. All India Congress Committee (AICC) :
It consists of about 425 members. It meets annually. It decides all the policies of the party. It occupies the highest place in the organization.

2. Congress working committee (CWC) :
It consists of 21 members including the president. It is called the High command of the party. It includes the Prime Minister and all senior leaders of the party. It takes all important decisions and implements them with the approval of AICC.

3. Parliamentary Board :
It consists of president and seven senior members. It takes decisions regarding the appointment and removal of Chief Ministers, selection of candidates.

4. Central Election Committee (CEC) :
It selects candidates to contest elections at the state and national level.

5. Pradesh Congress Committee (PCC) :
Every state has its own RC.C. It selects candidates to contest Assembly elections. At the lower level, it has District, Mandal and village committees. In reality, it acts as a centralized organisation.

AP Inter 2nd Year Civics Study Material Chapter 12 Political Parties

Question 5.
Explain briefly about Bharatiya Janata Party. [Mar. 18]
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 founded by shyam Prasad Mukherjee on October 21, 1951. DeenadayalTJpadhyaya, Atal Bihari Vaj Payee, Lai Krishna Advani, Murali Manohar Joshi, Jana Krishna Murthy, Kushbhav Thakre and Venkaiah Naidu acted at it’s 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 majority in the lower house of Parliament, and its government lasted only 13 days. After the 1998 general election, 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 Vijpayee, 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, Jarkhand, Rajsthan, 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 Gaiidhian 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 favours settlement of all disputes with the neighbouring 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 6.
Estimate the significance of Regional Parties in India. [Mar. 17]
Answer:
In India’s federal democratic polity, regional and local parties would continue to have relevance and appeal, especially for certain dominant social and economic interests. The growing presence of regional parties is, undoubtedly, the most outstanding aspect of political I development in India over the past few years.

Till 1967, there was only one party ruling the nation that was ‘Congress Party’, but after 1967 a lot of other political parties came to the forefront along with power and started, to play an imperative and persuasive role in government. With the regional parties coming to the forefront the development of the state’s responsibility has gone to the regional parties as opposed to the Central Government taking care in the initial stages. Regional parties are playing a major role in influencing decisions and thought process in the government planning process and decisions.

After 1996, several regional parties have been emerging as key players in national politics in India. As partners of the NDA, 23 regional parties shared power at the Centre during 1999 and 2004. Some of the regional parties are ruling the states – AIADMK, TDP, JDU, BJD, UDF, NCP, SAD etc. All this reflects the continued and continuously growing importance of regional parties in the Indian politics.

During 1999 to 2004 the BJP, and several regional parties shared power at the Centre as constituents of the BJP led National Democratic Alliance (NDA). Later, the Congress led UPA was in power and in it along with Congress, several regional and local parties shared the power. The present BJP led NDA government is also a coalition government supported by several regional and local parties including Telugu Desam Party.

Question 7.
Write a note on Telugu Desam Party in Andhra Pradesh.
Answer:
Telugu Desam party is a prominent regional party in Andhra Pradesh. It was founded on March 29,1982 by N.T. Rama Rao, a popular Cine Star. It has achieved landslide victory in the A.R state Legislative Assembly elections held in December 1982. N.T.Rama Rao acted as the Chief Minister of Andhra Pradesh thrice – 1983, 1984 and 1994. There was a first split in the party in August 1984. N. Bhaskara Rao, a cabinet Minister quit the party and started a new party called Telugu Desam party (Democratic) and formed the ministry with the support of congress – I.

Consequently, Telugu Desam Party and some other parties launched agitation under the name of ‘Restoration of Democracy’. N.T. Rama Rao was reinstated as the Chief Minister by the then Governor, S.D. Sharma on the intervention of president Zail Singh. The party has lost its power in 1989. Assembly elections and has served as the main opposition in the state Legislative Assembly. It came to power again by winning majority seats in 1994 and 1999 elections. The party has undergone yet another split in August 1995 under the leadership of N. Chandra Babu Naidu and got recognition by the Election commission as the real one.

The party has joined as a partner in the United Front Ministry (1996-98) at the centre. It has extended its support from outside to the Union government led by National Democratic Alliance ministry (1999-2004). The party has continued in power in Andhra Pradesh between 1994 and April 2004. In the Andhra Pradesh general elections, 2004 and 2009 the Congress Party captured the power. The Telugu Desam Party gained a few more Assembly seats in 2009 elections than the 2004 election. In 14th Assembly General Elections held in 2014, the Telugu Desam Party under the leadership of Nara Chandra Babu Naidu got 102 seats out of 174 Seats and formed the government.

Sri N. Chandrababu Naidu became the first Chief Minister of bifurcated Andhra Pradesh in 2014.

Policies :
Following are the main policies of Telugu Desam Party.

  1. Provision of essential commodities at subsidised prices to the people living below poverty line (BPL).
  2. Construction of houses for the poor.
  3. Empowerment of women.
  4. Adoption of e-governance.
  5. Provision of education to every child between the age group of 6 -15.
  6. Promotion of welfare of the scheduled castes, scheduled tribes and other weaker sections.
  7. Administration at the doorsteps of the common man.
  8. Provision of better Civil amenities to the poor.
  9. Adopting secular policy.
  10. Support to economic reforms such as liberalization, privatization and globalization.

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

Conditions helped for the emergence of TRS :
i) Telangana state hood struggle is one of the longest people’s movement in the country. The six decade struggle, which began in early 1950s has reached its goal in February, 2014.

ii) The first statehood movement of 1950s led to the State Reorganization Commission recommending the Telangana state (then called Hyderabad State) in 1955 itself. Due to the political conditions that prevailed in Telangana then it had merged with Andhra State to form Andhra Pradesh.

iii) State in November, 1956. In May 1971, Telangana Praja Samithi headed by Marri Chenna Reddy won 10 of the Parliament seats in Telangana region. But, very soon, Chenna Reddy merged his party with Congress Party.

iv) While the statehood aspirations were alive in people it took sometimes before they found the right platform to intensify the agitation. In mid 1990s, several peoples organizations started organizing meeting on the statehood issue.

v) Sri Kalvakuntla Chandrashekar Rao (KCR), Who was the Deputy Speker of A.P State Assembly, had started background work on Telangana issue in early 2000. On 17th May, 2001, K.Chandra Sekhara.Rao announced the launch of Telangana Rashtra Samithi party. Prof. Jayashankar, ‘the ideologue of statehood movement extended his support to K.Chandra Sekhar Rao.

From then on wards it has been demanding separate state hood for Telangana Region. It contested in 2004 elections being an ally of congress party both for Lok Sabha as well as state legislative Assembly. In that elections T.R.S has won 5 Lok Sabha seats and 26 Assembly seats. It joined the Congress governments both at the centre and the state. Later, owing to certain political differences it came out from the government both at the centre and the state. In 2009 General elections. It contested to both Lok Sabha and Assembly being an ally of Grand Alliance with TDP CPI and CPM. It got 2 Lok Sabha seats and 10 Assembly seats.

On Nov 29th, 2009 K. Chandra Sekhara Rao had announced an indefinite hunger strike demanding statehood to Telangana, The movement spread like wildfire with students, employees, peoples’ organizations plunging into it. In the next 10 days, the whole of Telangana region came to a standstill. As K: Chandra Sekhara Rao’s health was deteriorating very fast on December 9th 2009, the UPA government announced that the process of statehood for Telangana would be initiated.

But within two weeks, the UPA backtrack on this issue. KChandra Sekhara Rao then brought all political forces in Telangana region together to form the Telangana JAC an umbrella body of several organizations and parties under the chairmanship of Prof. Kodandaram. TRS cadre and leaders actively participated in several agitations and protests launched by Telangana’ Joint Action Committee (TJAC).

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

Very Short Answer Questions

Question 1.
Functions of a Political Party.
Answer:
Functions of a Political Party:
The following are the main functions of Political Parties :

  1. They articulate and aggregate social interests of people
  2. Political recruitment
  3. Means of public opinion
  4. They promote political socialization and participation of – citizens
  5. Making laws
  6. Role of opposition
  7. Access to government machinery and welfare schemes
  8. They contribute legitimacy to the political system.

AP Inter 2nd Year Civics Study Material Chapter 12 Political Parties

Question 2.
Types of Party System. [Mar. 17]
Answer:
There are different types of party system which are discussed below. They are classified into a single party system, Bi-Party system and Multi-Party System.

1. Single party system :
Single party system only one political party is an existence.
Ex: Nazi party in Germany, Fascist party in Italy, Communist party in China and in former USSR.

2) Bi-Party System:
Under Bi-party system, two major political parties are in working in a political system; one forms the government and the other functions as opposition.
Ex : Viz, the labour and the conservative parties in UK or republican and democratic parties in U.S.A.

3) Multi party System:
In 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, Sweden, Norway, France etc.

Question 3.
National Parties. [Mar. 18]
Answer:
A political party which participates in four or more states in Lok Sabha elections and secures 6% of valid polled votes plus 4 Lok Sabha seats can be recognised as National Party by the election commission of India. At present there are 6 National Parties in India. Indian National Congress, BJP, CPI, CPM, BSP, NCP

Question 4.
Regional Parties. [Mar. 16]
Answer:
A political party which participates in state Assembly elections and secures 6% of valid polled votes and 2 Assembly seats can be recognised as a regional party.
Ex : TDP in Andhra Pradesh, DMK and AIADMK in Tamil Nadu, AGP in Assom, National conference in J & K, Akalidal in Punjab, BJD in Odissa etc.

Question 5.
DMK. (Draviuda Munnetra Khajagam)
Answer:
The term ‘Dravida Munnetra Kazhagm’ means Tamilian Development Party’. It was the product of South Indian Association (1916) and Justice Party (1917). E.V Ramaswamy Naicker was its founder. This party has opposed Vehemently.
a) The dominance of upper castes.
b) Vedas.
c) Puranas and
d) All religious ceremonies conducted by the priests.

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

Question 6.
AIADMK.
Answer:
All India Anna Dravida Munnetra Khazagam is a Prominent Regional Party in Tamil Nadu and Pondichery. It was established by Tamil Cine Star M.G. Ramachandran in October, 1972. M.G.R becameThe Chief Minister of Tamil Nadu in 1977 and continued in that office till his death in 1987. After his death Film Star Miss Jayalalitha became its general Secretary. She led the government in Tamil Nadu .during 1991 – 96 and again in 2001 and 2002. In 2011 state Assembly elections the party came to power. Jayalalitha became the Chief Minister for the third term on 16th May, 2011.

Question 7.
One Party Dominance.
Answer:
In the post independence politics of the country. The role of the Congress party was so great that India was often described as a single dominant party system. The congress was the party of consensus and its strategy was all inclusive. It was often described as a miniature Indian Society which reflected all the essentials in the nation. From First General Elections of 1952 to the present 16th Loksabha general elections of 2014. The Congress party was in power at the centre for 52 years out of 62 years. It shows that the Congress party dominating the political scence of our country.

Question 8.
Multi Party System. [Mar. 16]
Answer:
In 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 9.
Bahujana Samaj Party. (BSP) [Mar. 18]
Answer:
It is a dominant party in India. It was established by Kanshi Ram in 1985 a retired civil servant. It’s main motto was the preservation and promotion of the interests of down trodden sections in the society. It vehemently opposes the preaching of many and practices of upper castes in society. That is why it always opposed in B.J.P. It’s strength in the Thirteen Lok Sabha, stood at 14. This party came to power in U.R Thrice under the leadership of Mayavathi. Mayavathi is the present President of this party.

AP Inter 2nd Year Civics Study Material Chapter 12 Political Parties

Question 10.
Nationalist Congress Party. (NCP)
Answer:
The Nationalist Congress Party (NCP) is a centre to centre left political party primarily based in the states of Maharastra, Kerala and Meghalaya. NCP was formed on 25 May 1999, by sharad pawar. P. A. Sangma and Tariq Anwar after they were expelled from the Indian National Congress (INC) on 20th May 1999, for disputing the right of Italian – bom Sonia Gandhi to lead Party. Sharad pawar is its president. It was an ally of Congress led UPA government during 2004 to 2014.

AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 11th Lesson Elections and Representation Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 11th Lesson Elections and Representation

Long Answer Questions

Question 1.
Write an essay on the Election System in India.
Answer:
Elections are very important for the political system of modem democratic states. Modem democratic states have representative governments. People participate in the process of government through their elected representatives. The election system is a political device through which the modern state creates among its citizens a sense of involvement and participation in public affairs.

Features of the Indian Election System :
The following features of the Indian Election system highlight its good structure nature.

1. Direct Election of Representatives:
The Constitution provides for a direct election of the representatives of the people. Members of the Lok Sabha, the State Legislative Assemblies, Municipalities, and Village Panchayats are directly elected by the people. These legislative bodies are the real centres of people’s power in the Indian democratic system.

2. Indirect Election for some Institutions :
However, the Constitution also provides for an indirect election in respect of the Rajya Sabha, State Legislative Councils, and the President and the Vice President of India. These are elected indirectly and in accordance with a system of proportional representation vote.

3. Universal Adult Franchise :
The constitution provides for a uniform Franchise to all the citizens. The right to vote was granted to all the citizens of 18 years of age without any discrimination on the basis of caste, religion, gender, education, property and place of birth. All the citizens whose names appear in the electoral lists, are eligible to exercise their vote in elections.

4. Reservation of seats for SCs and STs :
With a view to safeguard the interests of the people belonging to the Scheduled Castes and Scheduled Tribes, the Constitution provided the reservation of seats for them. Article 330 of the Constitution provides the reservation of seats to these classes in the Lok Sabha and Article 332 lays down this provision in respect of elections to every state Assembly. In the reserved constituencies, persons belonging to SC and ST only can contest in the elections.

5. Provision for Nominations :
The Constitution, under its Article 337, lays down that the President may, if he is of the opinion that the Anglo-Indian community is not adequately represented in the Lok Sabha, nominate not more than two members of the community to the Lok Sabha. Likewise, the Governor can also nominate not more than one person from this Anglo – Indian community to the State Legislative Assembly.

6. Regular revision of Electoral Rolls:
The Election Commission revises and prepares the electoral rolls enumerating the names of the eligible voters for every ten years. Besides this, the Election Commission can order the revision of electoral rolls before any election. Provision also exists for a regular annual revision of electoral lists. Only those persons whose names appear in the electoral rolls of the constituency can exercise their franchise on the Election Day.

7. Territorial and Single Member Constituencies :
Indian Election System provides for the creation of single-member territorial constituencies. All the voters living in a particular and defined territory constitute one constituency. Each territorial constituency elects one representative. Each state is divided into as many territorial constituencies as is the number of seats of its Legislative Assemblies and Parliamentary Constituencies and each constituency elects one representative.

8. Delimitation of Constituencies :
After every census the boundaries of the constituencies are delimited. This work is done by a three member Delimitation Commission. This commission can change the boundaries of constituencies, and its decision is final. This cannot be challenged before any court of law.

9. Secret Ballot:
Secret voting enables the voters to exercise their votes in accordance with their wishes and opinions. Special steps are taken in elections for maintaining secrecy and for checking impersonation in voting. This system is essential for making elections free and fair.

10. Introduction of Voting Machines :
The Election Commission has introduced the using of electronic voting machines (EVMs) for casting of votes by people and counting of votes in India.

11. Relative Majority of Votes System :
In the election, the candidate who secures more votes than every other contestant in his constituency is declared elected as representative to the Lok Sabha or the State Legislative Assemblies. In this system, valid votes are taken into consideration for counting.

12. Independent Machinery for the conduct of Elections in India:
According to the Article 324 of the Constitution, the conduct of elections in India is the responsibility of the Election Commission. It is the Constitutional body which is conducting the elections freely, fairly, impartially and independently.

AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation

Question 2.
Explain the Functions of Election Commission in India.
Answer:
Article 324(1) of the constitution provides the Election Commission to supervise and conduct the elections to parliament, state legislatures, the offices of the Preside ans the Vice-President of India.

Composition :
The Election Commission of India consists of the Chief Election Commissioner and Two other Commissioners.

Appointment :
The Chief Election Commissioner and other commissioners are appointed by the president of India.

Tenure :
The Chief Election Commissioner and other commissioners hold office for a period of 6 years or until they attain the age of 65 years whichever is earlier.

Removal:
The Chief Election Commissioner and other commissioners can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority either on the ground of proved misbehaviour or in capacity.

Salary and Allowances :
The Chief Election Commissioner and two other commissioners shall receive salary and Allowances which are similar to that of a Judge of the Supreme Court.

Powers and Functions of Election Commission:
The Constitution of India in its Articles 324-328 enumerates the powers and functions of the Election Commission. These can be mentioned here under.

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

Question 3.
What is Representation? How many types of representative systems are there in India?
Answer:
Representation:
In Democracy people elect members to the Legislatures. The elected members are the representatives of the people. They represent the people in the Legislature. This process is called representation.

Types of Representative systems in India:
Many methods are in practice for electing the representatives of Legislative bodies in India. They may be explained under the following heads :

i) Direct Method :
This is widely practiced and easy method. The voter takes part in the election directly and casts his vote to the condidate of his choice. The elected representatives serve for a fixed term.
Ex : The members of Lok Sabha and State Legislative Assemblies are being elected through this method.

ii) In Direct Method :
In this method the voters elect their representatives indirectly. Accordingly, first voters (Primary electors) elect the Intermediatoiy electors known as secondary Electors. These secondary electors in turn, elect the Representatives on behalf of the first voters. The sequence is
Voters → Intermediatory voters → Representatives
Or
Primary voters → Secondary voters Representatives
(Members of Electoral College)

Ex: In India, voters elect the members of Legislative Assemblies in the states, who in turn, elect the members of Upper house, Popularly known as the RAJYA SABHA in the centre in accordance with the provisions, Rules and Regulations in force. They also elect the members of Legislative council and form a part and parcel of electoral college for electing the President of India.

iii) Territorial Representation:
Under Territorial Representation, the country will be divided into geographical units called “Constituencies”. Voters in every constituency elect their representatives in periodically held elections, i.e., for every five years.
Ex : a) Representatives of Local bodies.
b) Members of State Legislative Assemblies and
c) Members of Lok Sabha

iv) Functional Representation:
Under this method people are divided into functional groups, such as for example Doctors, Lawyers, Engineers, Teachers, Graduates, Capitalists, Workers etc. representatives from each functional group will be returned to legislative bodies. It is hoped that these representatives will ventilate all the problems related to their occupations.
Ex: In India

  • The president of India nominates 12 members to the Rajya Sabha having special knowledge or practical experience in respect of matters such as literature, science, arts and social service.
  • 1/3 of the total members of the state legislative council shall be elected by the electorate consisting of the members of local bodies such as Municipalities, Zillaparishads etc.
  • 1/12 of the total members of state legislative council are elected by the electorate consisting of university graduates.
  • 1/12 of the total members of state legislative council are elected by the electorate consisting of secondary school teachers or those in higher educational institutions.
  • 1/6th of the total members of state legislative council are nominated by the governor on the basis of their special knowledge in literature, science, arts, co-operative movement or social service.

v) Proportional Representation :
Under this system each party gets representation strictly in Accordance with its voting strength, it means majority of electors would have majority of the representatives, but a minority of electors would have minority of representatives. There are two methods in proportional representation. These are
A) Single Transferable Vote System :
The election of President, Vice President and members of Rajya Sabha etc. in India is based on this system.
The main features of this system are

  1. Each voter will have only one vote.
  2. But the voter has to distribute this vote according to his preference (First preference, second preference etc).
  3. The condidate to be declared elected should secure the required QUOTA of votes.
  4. Provision for transfer of votes.

QUOTA :
Under this system as stated above, A candidate in order to be declared elected need not secure majority votes. But he requires only quota of votes. For determining quota, two methods are followed.
A) Hare and Andrae method of fixing quota :
AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation 1
Ex:
Number of votes cast – 14000
Number of seats vacant – 14
Quota – 1400 votes

B) Drop method:
AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation 2

Question 4.
Do you think that Indian Election System needs to be Reformed.
Answer:
The overall health of a representative form of Government depends, to a very large extent, on the fairness and effectiveness of the electoral process. In order to strengthen the foundatipns of our democratic polity, several reforms need to be undertaken in the electoral system. The system should provide equal opportunities to all citizens and help to build an egalitarian society. This would call for a careful review and reforms of existing features governing legislative, administrative and institutional dimensions of the electoral system in the country.

Within the broad framework of the existing constituency system of elections, geographies delimitation, multi-party system with right to individual to contest, the main issues that need to be examined include plugging loopholes in the present Representation of People Act and Anti-Defection Act.

The various committees and commissions which were appointed to examine our electoral system, election machinery as well as election process have recommended various reforms that have to be introduced in our electoral system. These can be mentioned briefly here under.

  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 secures 51 percent of the polled votes shall be declared as winner.

Short Answer Questions

Question 1.
Write a Short Note on Electoral Functions.
Answer:
The electoral functions are different for the individual voter and for the political system. For the individual voter, elections may be regarded as a means of political participation and to some extent, of policy choice, although for many voters. Even in democratic societies, elections may be a customary at to which little significance is attached. For the political system, elections are important devices for assuring legitimacy and for system maintenance and support building. Hence, the electoral functions may be considered into four broad categories. They are :
a) Political choice
b) Political participation
c) Support-building and system – maintenance, and
d) Linkage functions.

a) Political choice :
The elections may be used or interpreted as a plebiscite, a referendum, or a mandate. They are the instruments for choosing the leaders and also determining the will of the people. They are devices for controlling political leaders. Control of leaders involves some degree of control of governmental choice and policies. They provide the means for the peaceful and orderly transfer of power.

b) Political participation :
The major electoral function is to provide opportunities and channels for political participation. This function of elections is a central one as political participation is essential in the democratic system. The participation strengthens the democratic system.

c) Support-building and system – maintenance :
The elections support the political system by providing legitimacy, political stability, integration and identification. The elections, are therefore a contributing rather than a controlling factor of a political system. Rosenau uses the term support-building as function of elections and hence, all other functions could be subsumed under it.

d) Linkage functions :
Elections are important agencies of political communication between the people and the government in the sense of political linkages. They provide a chance for the people to have more direct contact with their leaders.

AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation

Question 2.
Discuss the Election process in India.
Answr:
The electoral process in India is operationalized in several stages which can be explained as under.
1. Delimitation of Constituencies :
The first step of conducting the elections can be described as the delimitation of constituencies which is done by a Delimitation Commission appointed after every census by the President. This happens for every 10 years. Generally, a constituency which elects a member of the Lok Sabha consists of six or seven State Legislative Assembly constituencies. The decisions of the Delimitation commission are final and cannot be challenged in any court.

2. Recognition of Political Parties :
Political parties have to be registered with the Election Commission. According to certain criteria, set by the Election Commission regarding the length of political activity and success in elections, parties are categorized by the Commission as National or State parties, or simply declared registered-unrecognized parties. National parties are given a symbol that is for their use only, throughout the country. State parties have the sole use of a symbol in the state in which they are recognized as such Registered- unrecognized parties can choose a symbol from a selection of ‘free’ symbols.

3. Photo Identity Cards :
In an attempt to improve the accuracy of the electoral roll and prevent electoral fraud, the Election Commission ordered the making of photo identity cards for all voters in the country in Aug, 1993. To take advantage of latest technological innovations, the Commission issued revised guidelines for Election Photo Identity Card (EPIC) Program in May 2000.

4. Electoral Rolls :
An important step in the conduct of elections is to get prepared constituency-wise electoral rolls which record the names of the eligible voters. The electoral rolls are revised after each census, before every election or after regular intervals.

5. Notification and Appointment of Returning Officers :
When general elections are to be held, the President of India sends a communication to the Election Commission and the latter, after consulting Central and State Governments, announces the poll calendar, i.e., the dates for filing the nomination papers, scrutiny of nomination papers and withdrawal of nominations by the candidates. The Election Commission then appoints Returning Officers for various constituencies. The Regional Election Commissioners help the Election Commission in the smooth conduct of elections.

6. Filing of Nomination Papers :
The candidates who wish to contest in the elections have to file their nomination papers with the Returning Officer in their respective I constituencies. Such candidates must submit their nominations in a given formats prescribed by the Election Commission. If the contestant is a party candidate, the name has to be proposed by a voter and seconded by another voter. In the case of non-party contestant, the candidate has to be subscribed by 10 registered electors of the constituency as proposers.

7. Scrutiny of Nominations :
After the last date for the filing of the nominations, all the nomination papers are duly scrutinized by the Returning Officers in the presence of the candidates or his nominee. The scrutiny is conducted for determining whether the nomination papers have been filed properly, the candidates possess the required qualifications, and they have complied with all rules and regulations. Later, the Returning Officer decides all cases and notifies the names of those candidates whose nomination papers are found in order.

8. Withdraw of Nominations:
After scrutiny, the candidates are allowed to voluntarily withdraw their nominations within a fixed date and time as fixed by the Election Commission. For this purpose a candidate has to apply in writing to the Returning Officers.

9. Election Campaign :
The next stage in the electoral process involves the election campaign. The contestants and parties get engaged in the election campaign. Each party issues an Election manifesto which states its policies, programmes and promises.

10. Electronic Voting Machines (EVMs) :
An electronic voting machine is a simple electronic device used to record votes in place of ballot papers and boxes which were used earlier in conventional voting system. The advantages of the EVM over the traditional ballot paper system are given here.
a) It eliminates the possibility of invalid and doubtful votes.
b) It makes the process of counting of votes much faster than the conventional system.
c) It reduces to a great extent the quantity of paper used, thus saving a large number of trees.
d) It reduces cost printing as only one sheet of Ijallot papers required for each polling station.

11. Polling of Votes:
Polling personnel are appointed and polling booths are set up in different localities. Each polling booth, on an average caters to about a more than thousand voters. The voting is a secret one.

12. Supervising Elections by Observers :
The Election Commission appoints a.lafge number of Election Observers to ensure that the campaign is conducted fairly, and that people are free to vote as they choose. Election Observers keep a check on the amount that each candidate and party spends on the election.

13. Media Coverage:
In order to bring as much transparency as possible to the electoral process, the media are encouraged and provided with facilities to cover the election.

14. Counting of votes and Declaration of Results :
After the process of polling of votes, on a fixed day and time, the Returning Officer and his staff members open the voting machines in the presence of the agents. Then each candidate verifies his votes polled recorded in the EVM. A candidate who gets more valid votes than the other contesting candidate in very constituency is declared elected. These results declared on the basis of relative majority of vote victory system. The Returning Officer makes an announcement of the results in this regard.

15. Election Petitions :
Any elector or candidate can file an election petition if he or she thinks there has been malpractice during the election. An election petition is not an ordinary civil suit, but treated as a contest in which the whole constituency is involved. Election petitions are tried by the High Court of the state concerned and if upheld can even lead to the restaging of the election in that constituency.

Question 3.
Write a short note on composition and Functions of Election Commission. [(AP. Mar. 16) Mar. 18]
Answer:
Composition :
The Election Commission of India consists of the Chief Election Commissioner and two other commissioners. They are appointed by the President of India.

Functions of Election Commission :

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

Question 4.
What is Representation? What do you know about Territorial Repre-sentation.
Answer:
Representation:
In democracy, people elect members to the Legislatures. The elected members are the representatives of the people. They represent the people in the Legislature. This process is called representation.

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

Question 5.
Estimate the pros and cons of FPTP system in India.
Answer:
In our country we have been following a special method of elections. The entire country is dividend into 550 constituencies, each constituency elects one representative and the candidate who secures the highest number of votes in that constituency is declared elected. It is important to note that in this system whoever has more votes than all other candidates is declared elected.

The winning candidate need not secure a majority of votes. This method is called the First Past the Post system (FPTP). In the election race, the candidate who is ahead of others, who crosses the Wining post first of all, is the winner. This method is also- called the Plural System. This is the method of election prescribed by the Constitution.

In India this FPTP System is popular and successful because of its simplicity. The entire election system is extremely simple to understand even for common voters who may have no specialized knowledge about politics and elections. There is also a clear choice presented to the voters at the time of elections. Voters may either give greater importance to the party or the candidate or balance the two.

The FPTP system generally gives the largest party or coalition some extra bonus seats, more than their share of votes would allow. Thus, this system makes it possible for parliamentary government to function smoothly and effectively by facilitating the formation of a stable government. Finally, the FPTP System encourages voters from different social groups to come together to win an election in a locality. Above all, the FPTP System has proved to be simple and familiar to the ordinary voters. It has helped larger parties to win clear majorities at the centre and state levels.

Question 6.
Write a Note on the Electoral Reforms. [Mar. 17]
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 Reform 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 membersof 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 7.
What is meant by proportional representation system.
Answer:
Under this system each party gets representation strictly in accordance with its voting strength. It means majority of electors would have majority of the representatives, but a minority of electors would have minority of representatives.

There are two methods in proportional representation. These are

A) Single Transperable Vote System :
The election of President, Vice President and members of Rajya Sabha etc in India is based on this system.

The main features of this system are.

  1. Each voter will have only one vote.
  2. But the voter has to distribute this vote according to his preference (First preference, second preference etc.).
  3. The candidate to be declared elected should secure the required QUOTA of votes.
  4. Provision for transper of votes.

QUOTA :
Under this system as stated above, A candidate in order to be declared elected need not secure majority votes. But he requires only quota of votes. For determining quota, two methods are followed :
A) Hare and Andrae method fixing Quota :
AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation 1
Ex:
Number of votes Cast = 14000
Number of seats-vacant =14
Quota = 1400 votes

B) Drop method :
AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation 3

Very Short Answer Questions

Question 1.
Relations between democracy and elections.
Answer:
Elections are the Central institution of democratic representative governments. In democracy, elections are periodic. Elected officials are accountable to the people, and they must return to the voters at prescribed intervals to seek their mandate to cantinue in office. This means that officials .in a democracy must accept the risk of being voted out of office. In democratic system the elections are also indusive.

The definition of citizen and voter must be large enough to include a large proportion of the adult population. Democratic elections are definitive. They determine the leadership of the government. Subject to the laws and constitution of the country, popularly elected representatives hold the reins of power.

Question 2.
Electronic voting machines. [Mar. 18, 16]
Answer:
An Electronic voting machine is a simple electronic device used to record votes in place of ballot papers and boxes which were used earlier in conventional voting system. The advantages of the EVM over the traditional ballot paper system are give below.

  • It eliminates the possibility of invalid and doubtful votes.
  • It makes the process of counting of votes much faster that the conventional system.
  • It reduces to a great extent the quantity of paper used, thus saving a large number of trees.
  • It reduces cost printing as only one sheet of ballot papers required for each polling station.

AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation

Question 3.
Territorial Representation.
Answer:
In the territorial or geographical representation system, the total electorate of the Country is divided into territorial units called constituencies which elect one or more representatives. The constituencies are more or less equal in size and populatiqn. All voters living in a particular constituency take, part in the election of representatives. Where one representative is elected from a constituency it is known as a single-member constituency.

Where more than one representative is elected, it is known as multi-member constituency. Most of the modem states, including India, have followed single. Members constituencies for the elections to the lower houses of the legislature.

Question 4.
Functional Representation. [Mar. 17]
Answer:
It is based on occupation. People engaged in the same kind of occupation have more things in common than people living in the same locality. Doctors, farmers, industrial workers, traders, journalists, lawyers, teachers etc., have more in common than those who live as neighbours. One man cannot represent all traders, Hence, representation should be on functional basis. A legislature representing such different occupational groups would be a proper forum where different interests would be projected and pleaded for. But it is not possible to provide representation to each and every occupation which are innumerable in number and the classification of profession is a touch task.

Question 5.
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, 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner. On 16th October, 1989 the President of India appointed two more election Commissioners to cope up with the increased work of the Election Commission. Thereafter, the Election Commission started functioning as a multimember body consisting of 3 Election Commissioners.

Question 6.
Electoral Reforms.
Answer:
The various commitees and commissions have recommended various reforms that have to be introduced in our electoral system, election machinery and election process. These can be mentioned briefly here under.

  1. Lowering of voting age
  2. Deputation to Election commission
  3. Electronic voting machines
  4. Prohibition on the sale of liquor
  5. Number of proposers

Question 7.
Election offences.
Answer:
Some of the electoral offences as given below.

  1. Promoting enmity between classes or grounds of religion, race, community or language.
  2. Convening, holding or attending any public meeting during 48 hours before the end of poll.
  3. Causing disturbance at election meetings.
  4. Printing of election pamphlets, posters etc., without printers / publishers names and addresses.
  5. Violation of maintenance of secrecy of vote.
  6. Influencing of voting by officials connected with conduct of elections and police personnel.
  7. Disorderly conduct and disturbance in or near a polling station, indulging use of loud speakers etc.
  8. Canvassing within 100 meters of a polling station on the day of poll.
  9. Misconduct at the polling station or failure to obey the lawful direction of the presiding officer.
  10. Illegal hiring or procuring of vehicles for conveying voters to and from polling stations.
  11. Unlawful removal of ballot papers / EVMs from the polling stations.
  12. Booth capturing.

Question 8.
Corrupt practices in elections.
Answer:
Following are some important corrupt practices during the elections. They are.

  1. Briling a person to induce him/her to stand or not to stand as a candidate.
  2. Interference with free exercise of anybody’s electoral right.
  3. Threat with injury of any kind, including social ostracism, excommunication, divine displeasure or spiritual censure.
  4. Appeal on grounds of religion, caste, community or Language or the use of religious or national symbols.
  5. Publication of false statement about personal character and conduct of any
  6. Hiring or procuring of vehicles for free conveyance of voters.
  7. Incurring of election expenditure by a candidate in excess of the prescribed limit.
  8. Booth capturing.

Question 9.
Role of the Election Commission in India. [Mar. 17]
Answer:
Over the years, the Election Commission of India has emerged as an independent authority which has asserted its powers to ensure fairness in the election process. It has acted in an importial and unbaised manner in order to protect the sancity of the electoral process. The record of EC also shows that every improvement in the functioning of institutions does not require legal or constitutional change.

It is widely agreed that the Election Commission is more independent and assertive now than it was till twenty five years ago. This is not because the powers and constitutional protection of the Election commission have increased. The Election Commission has started using more effectively the powers it always had in the constitution.

In the past sixty five years, sixteen Lok Sabha Elections have been held. Many more state assembly elections and bye-elections have been conducted by the Election Commis-sion.

AP Inter 2nd Year Civics Study Material Chapter 11 Elections and Representation

Question 10.
Representation.
Answer:
In democracy people elect members to the legislatures. The elected members are the representatives of the people. They represent the people in the legislature. This process is called representation.

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 10th Lesson Local Governments in India Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 10th Lesson Local Governments in India

Long Answer Questions

Question 1.
Explain the Functions of Panchayati Raj Institutions in India.
Answer:
Rural Governments in India after Independence were set up on the recommendations of the Balwant Raj Mehta Committee (1957) Earlier the new constitution (1950) made a reference to these bodies in Article 40 of the Directive Principles of State Policy.

The Rural Local Governments or Panchayati Raj Institutions are known by several names such as democratic decentralized institutions, local self-government institutions, three-tier democratic bodies, grass root level democratic agencies, etc. The Word Panchayati Raj denotes the name of local self-governments in rural in India.

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

  1. Village Panchayats.
  2. Panchayat Samithi (Mandal Parishads) and
  3. Zilla Parishads

1) Village Panchayat:
Village (or) Gram Panchayat is the lowest tier in the Panchayat Raj System. Normally there will be a village panchayat for a minimum population of 250.

Composition of Gram Panchayat
Every Gram Panchayat comprises four organs, namely ;
i. Panchayat ii. Sarpanch, iii. Panchayat Secretary and iv. Garm Sabha.

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

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

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

  • Construction and maintenance of rest houses.
  • Construction and maintenance of primary schools, dispensaries, libraries, reading rooms, market places etc.
  • Establishment and maintenance of maternal and child welfare centers.
  • Mobilizing voluntary labour for community development works.
  • Publicizing the modem methods of cultivation.
  • Implementation of land reforms and so on.

2) Mandal Parishad :
Mandal parishad is the intermediate tier in the Panchayat Raj System.

Composition :
Every Mandal Parishad comprises four organs namely,

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

Functions of Mandal Parishad :
Mandal Parishad performs the following functions.

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

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

Composition :
Zilla Parishad comprises six organs, namely ;

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

Functions of Zilla Parishad :
Zilla Parishad performs the following functions

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

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Question 2.
Describe the various types of Urban Local Governments in India. [Mar. 17]
Answer:
As per the 74th Constitution Amendment Act, eight types of Urban Local Bodies are existing in India. They are mentioned as follows:

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

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

Composition:
The number of members of each Municipal Corporation is determined on the basis of the population of the city concerned by the law passed by the state legislature. Every Municipal Corporation consists of four organs, namely (i) Corporation Council, (ii) Mayor, (iii) Commissioner and (iv) Standing Committees.

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

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

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

Composition :
There are four organs in every Municipality, namely, (i) Municipal Council, (ii) Municipal Chairman, (iii) Municipal Commissioner and (iv) Standing Committees.

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

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

4. Notified Area Committee :
This is constituted either for a fast developing town or an area not fulfilling the conditions for the creation of Municipality. As it is created through a special notification of the state government, it is known as Notified Areas Committee. It does not possess statutory position. It will have a Chairman and some members who are nominated by the state government. Its functions are more or less same as9 that of a Municipality.

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

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

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

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

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

Question 3.
Mention briefly the main provisions of the 73rd Constitution Amendment Act.
Answer:
The Union Government headed by the Prime Minister P.V Narasimha Rao strongly felt the need for immediate grant of Constitutional status to the Panchayat Raj Institutions. It introduced a Bill to that effect in the Parliament in September 1991. Later, the bill was referred to a joint select committee which studied the former and submitted its report in July 1992.

The bill was accepted by the Parliament and the same was referred to the state legislatures for their approval. As majority state legislative assemblies accepted the Bill, it became an Act in the name of the Constitution (Seventy Third Amendment) Act, The Act came into force from April 24, 1993.

The Act reinserted Part IX which was deleted by the Constitution (Seventh Amendment) Act, 1956 and added a new Schedule, namely 11th schedule. The Act deals with Articles 243 to 243 (O) of the Indian Constitution.

Salient features
The 73rd Constitutional Amendment Act of 1992 has the following salient features:

  1. The Act defined clearly certain terms like District, Gram Sabha, Panchayat, Village etc.,
  2. It constituted a Gram Sabha for every village which acts as the legislative body at the village level.
  3. It made obligatory for every state to implement three tire system of Panchayat Raj i.e., Panchayat at the Village, intermediate and district levels.
  4. It insisted every state legislature to make laws for the composition of Panchayat on uniform basis. It further specified direct elections to panchayat based on territorial constituencies. It provides right to vote to the chairpersons of Panchayat and other members whether directly elected or not.
  5. It provided reservation in every Panchayat for Schedule Castes and Schedule Tribes in proportion to their population to the total population in the Panchayat area and women not less than 1/3rd of the total seats (Andhra Pradesh Government enhanced the Women Reservation up to 50%).
  6. It specified the duration of Panchayat as five years and insisted on holding elections before the expiration of the term or in case of dissolution within six months.
  7. It prescribed the eligibility and disqualifications of the candidates in local government.
  8. It provided for the creation of a Finance Commission for local bodies.
  9. It provided for auditing the accounts of the Panchayats by the state account and audit officers.
  10. It also provided for State Election Commission for conducting elections to the local bodies.
  11. It stated that union territories shall follow the directives of the President of India in constituting or abolishing Panchayats.
  12. It mentioned some exemptions to the states having administrative councils in scheduled areas.
  13. It provided for special Tribunals for solving election disputes.

Question 4.
Explain briefly the important provisions of 74th Constitution Amendment Act.
Answer:
The Constitution (Seventy Fourth Amendment) Act, 1992 was approved by the Parliament in December, 1992. It was regarded as a progressive step in strengthening the urban local bodies in India. It provided a common framework for the effective functioning of these bodies. The Act came into force on June 1, 1993.

Main Provisions :

  1. The Act gave Constitutional status to the urban local bodies in India for the first time. It introduced a new part in the Constitution, namely part IX-A.
  2. It incorporated the 12th schedule in the Constitution.
  3. It listed out 18 subjects under the jurisdiction of urban local bodies.
  4. It gave definitions of various terms concerning the urban local bodies. It constituted metropolitan area for urban areas having a population of ten lakhs or more.
  5. It provided for the Constitution of various urban local bodies such as Municipal Corporation, Municipal Council, Nagar Panchayat etc. The Act authorized the state governments to designate and demarcate the urban local bodies as and when necessary.
  6. It specified the composition of the Municipalities. It declared that the elected members of the Legislative Assembly and the Lok Sabha of the concerned area will act as ex-officio members of the Municipalities. It also authorized and members of Legislative Council and the Rajya Sabha as members of Municipalities subject to their voting enumeration in the respective areas.
  7. It authorized the state legislature to make legislation for the composition of ward committees in Municipalities.
  8. It provided for reservation of some seats in urban local bodies for Scheduled Castes and Scheduled Tribes in proportion to their population in municipal areas. It also enabled one – third reservation for women in municipal areas and to the offices of Chairman / Chairperson of Municipalities on rotation basis.
  9. It prescribed the uniform term for 5 years for Municipalities. It also clarified that elections shall be held within the six months after its dissolution.
  10. It specified that the persons who are disqualified to become members of Legislative Assembly shall also become disqualified as members of Municipality. It also prescribes 21 years of age for becoming a member of Municipality.
  11. It empowered the state legislature to make laws enabling the Municipalities to impose and collect taxes, allocate funds and receive Grant-in-aid from the state government.
  12. It enabled the state government to appoint the State Finance Commission for every five years for making recommendations (to the Governor) on the principles for distribution of Grants-in-aid among the urban local bodies.
  13. It allowed the state legislature to make legislation for the audit of the accounts of urban local bodies.
  14. It provided for the appointment of State Election Commission to conduct, supervise, direct and control the elections to the urban local bodies.
  15. It also enabled the state legislature to create a district planning committee in each district for consolidating the plan activities.
  16. It provides for the establishment of metropolitan planning committees state.

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Question 5.
Estimate the Powers and Functions of the District Collector. [Mar. 18, 16]
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 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 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 labour 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 milch cattle, trees and domesticated animals in the district is collected properly. He also compiles such other information as required by the higher ties in regard to the construction of houses for the poor, family welfare, women erment, 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 functioning of these bodies. He conducts the meeting meant for considering the no confidence motion against the Zilla Parishad chairman.

Other Functions :
This District 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 contengencies.

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 (NREGS), Pradhan Mantri Gram Sadak Yojana (PMGSY), Janani Suraksha Yojana (JSY), Aam Admi Bima Yojana (AABYj, 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. Eventhough some states like Gujarath and Maharashtra relieved the Collector from the perspective.

Short Answer Questions

Question 1.
Write briefly about the Historical background of Local Governments in India.
Answer:
Historical Background: Local governments in India have a long historical background. The Rigveda, the oldest of four Vedas, mentioned two institutions namely, Sabha and Samithi which performed several administrative and political functions at community level. They were the effective administrative state structures at local levels in ancient period. They relate to village panchayats and caste panchayats . Which managed the administrative and judicial affairs of a village community. These institutions continued for several years even without the effective support of the ruling classes of the time. Many eminent writers like Megasthanes, Kautilya and Fahien have cited the existence of these bodies in their writings.

In medieval period, village panchayats flourished during the chola dynasty in South India. The cholas were renowned for their patronage of the local bodies. However, the local governments of the present form is attributed to the efforts of some British officers at higher levels. They developed these bodies to promote the colonial interests. Lord Mayo’s Resolution (1870) and Lord Rippon’s Resolution (1882) paved the way for the progress of these institutions in India. Earlier the East India Company established the Municipal Corporation of Madras in 1688 with the consent of Emperor George II.

Some Mayor courts wefe set up in Madras in 1726 for collecting taxes and administering, justice. The Regulating Act of 1773 paved the way for the establishment of local governments at Calcutta (Kalkota), Madras and Bombay (Mumbai). Lord Rippon, the Governor General of India moved the famous resolution for devolving financial and administrative powers to the local governments. His resolution is known as the Magnacarta of Local Governments in India.

He was described as the father of local self-governments in India. Later on the successive British rulers in India have initiated many steps for providing more authority to the local bodies. Some of the notable legal enactments are Bengal Municipalities Act, 1884; Bengal Local Governments Act, 1885; Bengal Village self-government Act, 1919 etc. The Royal Commission on Decentralization headed by Sir Charles Hobhouse (1906) offered valuable suggestions for setting up of village panchayats, constitution of district boards, entrusting primary obligations to municipalities etc. The Government of India Act, 1919 introduced diarchy at state level. It gave impetus to the local governments. It empowered the Indian ministers to take decisions in regard to the maintenance of local bodies.

The Government of India Act, 1935 assigned the provincial governments with the obligation of making the local bodies energetic and efficient. It placed the subject of ‘Local Self Government’ under Entry 12 of the provincial governments. Consequently many provincial governments passed Acts delegating the local governments the powers of administration including criminal justice to the panchayats. Prominent leaders of national movement like Mahatina Gandhi supported the cause of local governments.

Question 2.
Explain the advantages of Local Government.
Answer:
Definition:
Local Government is defined in many ways by different political scientists. Some of them are cited below :

According to Sidgewick “Local government consists of certain subordinate bodies which have defined powers of making rules and regulations within their prescribed area of administration.” Prof. Finer. H defined that “the Local Government means authority to determine and execute measure within a restricted area inside and smaller than the whole state.” In the words of Duane Lockard “Public Organization authorized to decide and administer a large range of public policies within its small territory”.

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

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

Question 3.
What are the Functions of Panchayat Secretary?
Answer:
Every Panchayat shall have a full time Secretary who is an officer of the government. He shall draw his salary and allowances from the Panchayat fund as per government rules. He will be iri charge of the office of the Panchayat. He will work under the direct supervision of the Panchayat Sarpanch.
Powers and Functions of the Panchayat Secretary.

Panchayat at Secretary performs the following functions. They are :

  • Preparation of budget and annual administration report.
  • Preparation of monthly / quarterly statements of accounts.
  • Maintenance of cash book.
  • Keeping all records of the Panchayat in safe custody.
  • Allotment of duties to the staff posted in Gram Panchayat.
  • Submission of application for grant-in-aid and maintain grant-in-aid register:
  • Visit the work sites and assess the work in progress.
  • Attend to complaints relating to developmental works etc.

Question 4.
What do you know about Gram Sabha?
Answer:
Gram Sabha :
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 year usually after Rabi and Kharif crops are harvested. 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.

In many states Gram Sabhas are known with the same name. However, they are called Panchayats in Bihar and Palisabhas in Odisha. The Union Government declared the year 2009 – 2010 as the year of Gram Sabha on the eve of golden jubilee celebrations of village Panchayat. It 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 5.
Write a brief note on Mandal Parishad.
Answer:
Mandal Parishad is the intermediate tier in the Panchayat Raj System. It is set up according to the statutes of state government. In different states, the Panchayat Samiti has been given different names. Tamil Nadu calls them Panchayat Union Council, in Karnataka as the Taluka Development Board, in Gujarat as the Taluka Panchayat. However, the most popular name happens to be the Panchayat Samithi. 4
Composition
Every Mandal Parishad comprises four organs namely,

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

Question 6.
Explain the composition of Zilla Parishad.
Answer:
Composition
Zilla Parishad comprises six organs, namely ;

  1. Zilla Parishad
  2. Zilla Parishad Chairman
  3. Zilla Mahasabha
  4. Chief Executive Officer
  5. Standing Committees and
  6. District Collector

i) Zilla Parishad :
Zilla Parishad is the legislative wing at the district level. It comprises various types of members, i.e., elected, co-opted and ex-officio members. District level authorities like the District Collector, Chairmen of District Co-operative Central Bank, District Co-operative Marketing Society and Zilla Grandhalaya Samastha participate in the meetings as permanent invitees. Besides, the Members of State Legislative Assembly and Lok Sabha participate in the meetings as ex – officio members.

ii) Zilla Parishad Chairman :
The Chairman, being the political head, presides over the meeting of Zilla Parishad. He is elected by the elected members of Zilla Parishad, i.e., ZPTCs, MPs, MLAs and MLCs of the district concerned. The Chairman presides over the ordinary and special meetings of the Zilla Parishad. He conducts the meetings with dignity.

He permits the members for moving resolutions, allocates time for discussion and conducts voting on the resolutions. He also presides over the meetings of Zilla Mahasabha and some standing committees. He acts as a link between Zilla Parishad and the State Government. He-will have administrative control over the Z.P. Chief Executive Officer in the implementation of various resolutions. –

iii) Zilla Mahasabha :
There will be a Zilla Mahasabha in every Zilla Parishad. It comprises a chairman and some other members of Zilla Parishad. It serves as an advisory body to the Zilla Parishad. The Zilla Parishad Chairman presides over its meetings. The Chief Executive Officer attends its meetings in Ex-officio capacity. It performs three important functions, namely

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

iv) Chief Executive Officer (C.E.O):
There will be a Chief Executive Officer in every Zilla Parishad. He is appointed by the state government and responsible to the State Government and Zilla Parishad in exercise of his powers and functions. He serves as the administrative head of Zill Parishad.

v) Standing Committees:
There are seven Standing Committees in Zilla Parishad. They render advice to the Zilla Parishad on several matters like planning, finance, agriculture, rural development, women, social welfare, education, health etc. The Chief Executive Officer prepares the agenda of the meeting and decides the venue of the standing committees on the advice of Zilla Parishad Chairman.

vi) The District Collector :
The District Collector participates in Zilla Parishad and standing committee meetings as a permanent invitee.

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Question 7.
Elucidate various Urban Local Bodies in India.
Answer:
As per the 74th Constitution Amendment Act, eight types of Urban Local Bodies are existing in India. They are mentioned as follows :

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

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

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

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

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

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

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

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

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

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

Question 8.
What do you know about the Municipalities?
Answer:
Municipalities are a type of urban local bodies functioning below the level of municipal corporation and above that of the Nagar Panchayat. Normally Municipalities are constituted for a population of 20,001 and above or when annual income is above Rs. 60 lakhs.
Municipalities are classified into five grades basing on their annual income. They are :

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

Composition :
There are four organs in every Municipality, namely, (i) Municipal Council, (ii) Municipal Chairman, (iii) Municipal Commissioner and (iv) Standing Committees

The structure, powers and functions of these may be explained as under:

i) Municipal Council:
Municipal Council is the deliberative body of the Municipality. It consists of some (i) elected, (ii) co-opted and (iii) ex-officio members. Registered voters in the municipal area elect the first category of members. They are called councillors. The elected members will in turn elect the second category of members. They are called co¬opted members. The District Collector and the Municipal Commissioner; The members of the Lok Sabha and State Legislative Assembly of the area,concerned are called as the ex¬officio members.

Normally the Council meets once in a month. The Municipal Commissioner prepares the agenda of the Municipal Council after consulting the Municipal Chairman. Some seats in the Municipal Council are reserved for Scheduled Castes, Scheduled Tribes, Backward Classes and women. Municipal Council considers the matters relating to the Municipality.

ii) Municipal Chairman :
Municipal Chairman is the political head of the Municipal Council. He is elected by the councillors. He is the first citizen of the Town. The Chairman conducts the meetings of the Municipal Council. All the correspondence of the Municipality shall be carried on in his name.

iii) Municipal Commissioner :
Municipal Commissioner is the administrative head of the Municipality. He is responsible for discharging his functions in the Municipal Council and the State Government.

iv) Standing Committees :
Every Municipality consists of some standing committees. These Committees act as advisory bodies to the Municipality on matters of finance, works, health, education, women welfare, and welfare of the backward classes etc. Municipal Chairman presides over the meeting of these committees. The standing committees establish a liaison with the routine administrative matters of the Minicipality.

Functions of Municipality: Every Municipality, like that of the Municipal Corporation, performs two types of functions, namely (i) essential and (ii) discretionary.

Essential Functions
Essential functions of the Municipality include the following:

  1. Maintenance of birth and death registers.
  2. Establishment and maintenance of elementary, upper primary and secondary schools.
  3. Provision of purified drinking water and street lights.
  4. Maintenance of public health and sanitation.
  5. Construction and maintenance of roads and buildings.
  6. Safeguarding and preserving municipal properties etc.

Discretionary Functions
A Municipality performs the following discretionary functions.

  1. Reclamation of unhygienic places.
  2. Maintenance of parks, museums, gardens, rest houses, regarding rooms etc.
  3. Maintenance of child, women welfare and maternity centers.

Sources of Income
Every Municipality has the following five sources of income.

  1. Taxes collected from people
  2. Fees and duties
  3. Income in the form of rent from markets and buildings.
  4. Public borrowings and grants and
  5. Public contributions.

Question 9.
Write any three Functions of District Collector?
Answer:
1. Revenue Administration :
Revenue administration is a traditional function of the- Collector, (a) The Collector makes arrangements for the collection of land revenue (b) He hears the difficulties of the farmers on land revenue matters (c) He receives petitions from the farmers and tries to settle their problems (d) He collects land revenue. In this respect, he is assisted by officials of revenue department like Revenue Divisional Officers, Mandal Revenue Officers, Revenue Inspectors etc., (e) He is responsible for Land reforms, Land acquisition etc. (f) He recommends remissions of Land revenue during famines or other calamities, (g) He maintains land revenue records and agricultural statistics of the district.

2. District Magistrate:
The Collector acts as the District Magistrate. In that capacity, he

  • Issues orders for the maintenance of law and order in the district.
  • Disposes petitions and complaints from the private individuals and the Government.
  • Imposes prohibitory orders during disturbances.
  • Supervises Subordinate Courts.
  • Take steps for the provision of better facilities to prisoners.
  • Inspects police stations ….etc.

3. As a District Election Officer:
District Collector is the returning officer for elections to Parliament and State Legislature within the district. It is his responsibility to coordinate the election work at district level and conduct the polls freely and peacefully.

Thus the Collector plays a key role in district administration. He is considered as the friend, philosopher and guide of the people in the district.

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Question 10.
Estimate the Role of a District Collector.
Answer:
The fact that the Collector heads more than one hundred committees at the district level demonstrates his role in district affairs. He not only presides over such meetings but also takes steps for implementing the decisions taken there of. He visits various mandals and villages in the district for about twenty days in every month and supervises the development of local bodies at the field level. He, like the chief 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 (NREGS), Pradhan Mantri Gram Sadak Yojana (PMGSY), Janani Suraksha Yojana (JSY), Aam Admi Bima Yojana (AABY), Rural Landless Employment Guarantee Programme (RLEGP). Prime Ministers Employment Generation Programme (PMEGP), Valmiki Ambedkar Awas Yojana (VAMBAY), National Rural Health Mission (NRHM), Mid-Day Meal (MDM) scheme etc, depend upon the dynamic leadership of the district collector.

The union and state governments, rely on the District Collector in tackling the financial, political and cultural matters of the people living in local areas. They nominate the District Collector as the chairman, co-ordinator or secretary of the above programmes at the district level. People regard the Collector as a repository of authority functioning independently with dedicated spirit.

Even though some states like Gujarath and Maharashtra relieved the Collector from the perspective of development functions, even today it is popularly felt about the prominence of the Collector due the popular confidence and credibility. The people of North India prefer to address the District Collector as their maa- baap (mother and father).

Question 11.
Explain the concept of Smart village.
Answer:
The concept of Smart Village is the recent development in Panchayat Raj System in A.P inaugurated by the Chief Minister of Andhra Pradesh Nara Chandrababu Naidu in 2015. Andhra Pradesh is committed to achieve holistic, inclusive and sustainable development of the state. The state has a vision “Swarnaandhra Vision 2029” to be a developed State and to be among the best three states in the country. To realize this vision, the government has adopted the mission based approach to create the social and economic infrastructure; has initiated campaigns to create awareness seeking participation of the stakeholders.

A ‘Smart Village / Ward’ displays sustainable and inclusive development with all sections of its community enjoying a high standard of living. This is achieved when the village/ward excels in the following indicators :

  1. Every household has vibrant livelihood opportunities and or micro-enterprise.
  2. Home for all – with access to toilet, safe- drinking water, and power.
  3. Open defecation free.
  4. 100% institutional deliveries.
  5. No maternal deaths.
  6. No infant deaths within one year of birth.
  7. Malnutrition free (children below 5 years of age).
  8. Zero school drop outs of boys and girls up to 12th class.
  9. No girl-child marriages (girls below 18 years of age).
  10. Functional toilet, portable water, electricity available in Anganwadi Centres, School, health centre, GP Building / ward.
  11. Gram Sabha / Ward Sabha held four times a year with 2/3rd attendance.
  12. Every village household has a functional bank account/Prime Minister Jan Dhan Bank Account.
  13. Every farm has soil health card and diversification with livestock, trees, etc.
  14. Gram Panchayat / Ward has it own dynamic development plan prepared by community participation.
  15. The Village has green trees all over its geographic boundaries.
  16. The Village has functional water conservation and harvesting structure.
  17. The Village has functional grievance redressal system.
  18. The Village has functional Village Information Centre, Village Computer Lab, and Mee-Seva Centre. .
  19. The Village has telecom/intemet connectivity.
  20. The Village has functional solid/liquid waste management system.

Very Short Answer Questions

Question 1.
Rural Local Government.
Answer:
Rural Local Governments or Panchayati Raj institutions in India, signifies the system of Rural Local Governments. They serve as the backbone of India’s political culture. These institutions are of three types, popularly known as three tier system.

  1. Gram Panchayats
  2. Mandal Parishads and
  3. Zilla Parishads .

Question 2.
The Constitution (Seventy Third Amendments) Act, 1992.
Answer:
The Union Government headed by the Prime Minister P. V Narasimha Rao strongly felt the need for immediate grant for constitutional status to the panchayat raj institutions. It introduced a bill to that effect in the Parliament in September 1991. After the bill was reffered to a joint select committee in July 1992. The bills was accepted by the Parliament and the same reffered to the State Legislatures for their approval. It become an act in the name of Seventy Third Amendment Act, 1992.

Question 3.
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 year. 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 4.
Zilla Parishad.
Answer:
Zilla Parishad is the upper tier of the Panchayat Raj System. There will be a Zill Parishad in every district, zilla Parishad is the superior local body at the district level and has the corporate status.
Zilla Parishad comprises six organs, namely;

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

Question 5.
M.P.D.O. [Mar. 18, 16]
Answer:
Mandal Parishad Development Officer (MPDO) is the administrative head of Mandal Parishad the plays a crucial role in the administrative affairs of the Mandal Parishad. He prepares the agenda of the parishad meetings and participates in the meeting and renders advice to the members on several matters of the Mandal Parishad. He prepares the annual budget of the Mandal Parishad. He takes steps for the effective working of the Mandal Parishad.

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Question 6.
Mandal Parishad.
Answer:
Mandal Parishad is the intermediate tier in the Panchayat Raj System. It is set up according to the statutes of state Government.
Every Mandal Parishad comprises four organs namely

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

Question 7.
Zilla Mahasabha.
Answer:
There will be a Zilla Mahasabha in every Zilla Parishad. It comprises a chairman and some other members of Zilla Parishad. It serves as an advisory body to the Zilla Parishad.

The Zilla Parishad Chairman presides over its meetings in ex-officio capacity. It performs three important functions namely.

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

Question 8.
Zilla Parishad Standing Committees.
Answer:
There are seven standing committees in Zilla Parishad. They render advice to the Zilla Parishad on several matters like planning, finance, agriculture, rural development, women social welfare, education, health etc. The Chief Executive Officer prepares the agenda of the meeting and decides the venture of the standing committees on the advice of Zilla Parishad Chairman. The District collector participates in Zilla Parishad and standing committees meetings as a permanent invitee.

Question 9.
Zilla Parishad Chief Executive Officer.
Answer:
There will be a Chief Executive Officer in every Zilla Parishad. He is appointed by the state government and responsible to the State Government and Zilla Parishad in exercise of his powers and functions. He serves as the administrative head of Zilla Parishad.

He plays a key role in preparing the annual budget and agenda for the general meetings of the Zilla Parishad in consultation with Zill Parishad Chairman. He will have administrative control over the personnel, assets and records of the zilla parishad. He takes necessary steps for implementing the decisions of zilla parishad, zilla mahasabha and standing committees.

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Question 10.
Municipal Council.
Answer:
Municipal council is the deliberative body of the Municipality. It consists of some i) Elected ii) co-opted and iii) ex-officio members. Registered voters in the municipal area elect the first category of members. They are called councillors. The elected members will in turn elect the second category of members. They are called co-opted members. The District collector and the municipal commissioner; the members of the Lok Sabha and State Legislative Assembly of the area concerned are called as the ex-officio members. Normally the. Council meets once in a month. Municipal council considers the matters relating to the Municipality.

Question 11.
Nagar Panchay at.
Answer:
Nagar Panchayats are created for transitional areas (the area which is fast changing from a rural to an urban area) or for a very small urban area. For this purpose, several factors are taken into consideration; the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic important of the area and some others.

Question 12.
Notified Area Committee.
Answer:
This is constituted either for a fast developing town or an area not fulfilling the conditions for the creation of Municipality. As it is created through a special notification of the state government, it is known as notified areas committee, It does not possess statutory position. It will have a chairman and some members who are nominated by the state government. Its functions are more or less same as that of a municipality.

Question 13.
Cantonment Boards.
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 14.
Town Area Committee.
Answer:
Town area Committee is setup by an act of state Legislature. It fulfils the public needs of a small town. It will have a chairman and members nominated by the state government. It performs limited functions like street lighting, drainage etc. Its authorities take steps for improving the conditions of the people living in the town area.

Question 15.
Township.
Answer:
Township is established by the public sector undertakings to provide basic civic amenities to its personnel. It has no elected members. There will be a Town Administrator for every township. He is appointed by the concerned ministry of union government. Its services are meant not for the general public but for the personnel working in the public sector under takings.

Question 16.
Port Trust.
Answer:
Port Trust is setup in the areas where port personnel are in considerable member. It manages the affairs of ports. It takes proper steps for protecting the interests of personnel in the port areas. The union government constitutes port affairs committee. The committee comprises both nominated and elected members.

Question 17.
Collector as the District Revenue officer.
Answer:
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 collection of land revenue, sanction of agricultural loans to farmer, rescusing the farmers in times of natural calamities by assessing the loss to incurred by them, rendering assistance to the union and state authorities in emergency relief measures etc.

Question 18.
Collector as Chief Electoral Officer in the district
Answer:
The collector acts as 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 makes arrangements 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 issue of voter IDS, appointing returning officers, assistant returning officers etc.

Question 19.
Smart Village.
Answer:
The concept of smart village is the recent development in Panchayat Raj System in A.P inaugurated by the Chief Minister of A.P to achieve holistic, inclusive and sustainable development of the state. The state has a vision “Swamandhra vision 2029″. To realize this vision, the Government has adopted the mission based approach to create the social and economic infrastructure; has adopted initiated campaigns to create awareness seeking participation of the share holder.

A smart village / ward” displays sustainable and inclusive development with all sections of its community enjoying a high standard of living.

AP Inter 2nd Year Civics Study Material Chapter 10 Local Governments in India

Question 20.
Smart City.
Answer:
A “Smart city” is an urban region that is highly advanced in terms of overall infrastructure sustainable real estate, communications and market viability. It is a city where information technology is the principal infrastructure and the basis for providing essential services to residents. They benefit everybody including citizens businesses, the government and the environment.

Smart cities are those that are ables to attract investments. Good infrastructure, simple and transparent online processes that make it easy to establish an enterprise and run it efficiently are important features of an investor friendly city.

AP Inter 2nd Year Civics Study Material Chapter 9 Union-State Relations

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 9th Lesson Union-State Relations Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 9th Lesson Union-State Relations

Long Answer Questions

Question 1.
Explain the brief of the Union-State Relations in India.
Answer:
center-state relations are the most important aspect of a federal polity. They are incorporated in part – XI and part – XII of our Constitution. Articles 245 – 300 deal with center-state relations. Our Constitution clearly defined the Union – State relations for avoiding conflicts between the Centre and States and for establishing a cooperative federation.

We may study the Union – State relations under three heads. They are :

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

1. Legislative relations (Articles 245 – 255):
Our Constitution divided the subjects of legislation into three lists, namely ; i) Union list ii) State list iii) Concurrent list. These are explained below.
i) Union list:
At present the Union list comprises 100 subjects. The subjects included in this list are of national importance. The Parliament has exclusive jurisdiction to make laws for the whole or any part of the territory of India with regard to items included in the Union list. Defence, Foreign affairs, War and Peace, Posts and Telegraphs, Currency and Coinage, Banking, Insurance, Audit and Accounts, Supreme Court and High Courts, U.P.S.C., All India Services etc.

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

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

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

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

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

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

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

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

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

AP Inter 2nd Year Civics Study Material Chapter 9 Union-State Relations

Question 2.
Discuss the three lists of Union – State Relations.
Answer:
The Constitution of India makes three fold distribution of legislative powers between the Union and States. List-I (the Union List), List-II (the State List) and List-Ill (the Concurrent List)

The Union List:
The Legislative relations have been divided between the Union and States in a unique way. The Union list is a longest list. In the beginning of the constitution it consists of 97 subjects. This list has at present 100 subjects. The Union Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List.

The subjects in this list include Defence, atomic energy, matters related to the UN, Foreign Affairs, diplomatic representation, treaties with foreign states, war and peace, citizenship, Railways, National Highways, airways, shipping, regulation and control of air traffic, post and Telegraph, Telephones, currencies, commerce and Banking, Interstate Trade, Insurance, foreign loans, patents, weights waters, Union Public Service Commission, All India Services, election to Parliament etc. The laws made on these subjects are applicable to all the State and to all the citizens equally.

State List:
Under normal circumstances the State Legislature has exclusive powers to make laws with respect to any of the matters enumerated in the State List. It consists of 66 subjects of provincial importance. After the 42nd Amendment, this number was reduced to 62 subjects. The State Legislatures have exclusive power to make laws on matters enumerated in this list.

Some of the important subjects included in the State list are law and order, justice, jails, police, agriculture, irrigation, public health, local self government, pilgrimages, libraries, fisheries, markets and fairs and land revenue etc. These laws are only applicable to the individuals or institutions within that state only.

The Concurrent List:
Both the Parliament and the State Legislatures are authorized to make laws over the subjects included in this list. There are 47 subjects of local and national importance. After the 42nd Amendment Act, 1976, their number was increased to 52. Both the Union and State Governments may enact laws on these matters. But the Union law prevails upon the laws of the States in case of conflict between the two.

Some of the subjects under the Concurrent List are – forests, protection of wild animals and birds, population control and family planning, education including technical and medical education, criminal law and procedure, marriage and divorce, trusts and trustees, adulteration, trade unions, electricity, press and newspapers and weights and measures except establishment of standards etc.

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

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

Short Answer Questions

Question 1.
Discuss the Administrative Relations between the union and the States in India. [Mar. 18, 16]
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 : (a) during emergencies, (b) 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 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 ifs 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 Schedule 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 properly 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 President 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 grant 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 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 2.
What are the Financial Relations between the union and the states? Explain.
Answer:
Articles 268 and 293 in Part – XII of the Constitution deal with the Centre – State financial relations. The relations between the Centre and the States can be discussed under the following heads :

1) Taxes and Duties levied by the Centre :
There are certain taxes which are exclusively assigned to the Union. These include customs and exports duties, income tax, excise duties on tobacco, jute cut corporation tax, taxes on the capital value of the assets, estate duty in respect of property other than agricultural land, railways, post and telegraphs, telephones, wireless, broadcasting and other forms of communications, foreign exchange, currency and coinage etc.

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

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

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

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

6) Union Government grants-in-aid and loans to the States :
The Union Government makes special provisions by two other means.

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

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

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

AP Inter 2nd Year Civics Study Material Chapter 9 Union-State Relations

Question 3.
Examine the Legislative Relations between the Union and the States.
Answer:
Articles 245 to 255 in Part XI and Chapter I of the Indian Constitution deal with the legislative relations between the Union and the States. The Constitution of India makes three fold distributions of legislative powers between the union and the States viz.

  1. The union list
  2. The state list and
  3. The concurrent list.

They can be explained in the following way.

The Union List:
The Legislative relations have been divided between the Union and States in a unique way. The Union list is a longest list. In the beginning of the constitution it consists of 97 subjects. This list has at present 100 subjects. The Union Parliament has exclusive power to make laws with respect to any of the matters enumerated in the Union List.

The subjects in this list include Defence, atomic energy, matters related to the UN, Foreign Affairs, diplomatic representation, treaties with foreign states, war and peace, citizenship, Railways, National Highways, airways, shipping, regulation and control of air traffic, post and Telegraph, Telephones, currencies, commeirce and Banking, Interstate Trade, Insurance, foreign loans, patents, weights waters, Union Public Service Commission, All India Services, election to Parliament etc. The laws made on these subjects are applicable to all the State and to all the citizens equally.

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

The Concurrent List:
Both the Parliament and the State Legislatures are authorized to make laws over the subjects included in this list. There are 47 subjects of local and national importance. After the 42nd Amendment Act, 1976, their number was increased to 52. Both the Union and State Governments may enact laws on these matters. But the Union law prevails upon the laws of the States in case of conflict between the two.

Some of the subjects under the Concurrent List are – forests, protection of wild animals and birds, population control and family planning, education including technical and medical education, criminal law and procedure, marriage and divorce, trusts and trustees, adulteration, trade unions, electricity, press and newspapers and weights and measures except establishment of standards etc.

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

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

Question 4.
Explain the composition, Powers and Functibns of the Finance Commission.
Answer:
Composition :
Article 280 of the Indian Constitution deals with the composition, powers and functions of the Finance Commission. TKe President of India constitutes a Finance Commission, a quasi-judicial body with Chairman and four members. The Chairman as well as the members is appointed by the President for a period of five years. They are eligible for reappointment. The constitution authorizes the Parliament to decide the qualifications of the members and Chairman of the Commission.

Accordingly, the Parliament has specified the qualification of the Chairman and other members of the Commission. The Commission makes recommendations to the President on the distribution of financial resources between the Union and States. The Chairman should be a person having experience in the field of public affairs of the Union or the States. The other four members of the Finance Commission should be appointed from amongst the following fields.

a) A high Court judge or one qualified to be appointed as such.
b) A person having special knowledge of the finances and accounts of the government.
c) A person havihg wide experience in financial matters and administration.
d) A person having special knowledge of Economics.

Powers and Functions :
The Finance Commission review the financial relations between the Centre and States from time to time and makes recommendations to the President of India in the following matters

  • It makes recommendations as to what proportion of the central taxes is to be distributed among the State.
  • To determine the principles that should govern the grants-in-aid of the revenues of the State out of the Consolidated Fund of India.
  • It also makes recommendations regarding the continuance or modifications of agreements entered into by the Union Government with any state.
  • It makes suggestions on any other matter referred to the Commission by the President in the interest of financial stability.
  • The functions of Finance Commission have been enlarged by 73rd and 74th Constitutional Amendment, which makes it the duty of the Commission to suggest measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayat and Municipalities in the States.
  • It also holds discussions With the higher officials and prominent leaders on administrative and’political affairs, and invites suggestions from the heads of various financial institutions in the country for sound financial stability.

The Finance Commission submits its report to the President of India, which is generally accepted by the Central Government. The President may or may not accept all or few of the recommendations of the Commission. These recommendations are applicable for a period of five years.

AP Inter 2nd Year Civics Study Material Chapter 9 Union-State Relations

Question 5.
Evaluate the Recommendations of the Sarkaria Commission. [Mar. 18, 16]
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 Subrahmaniam 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 Centre – 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 (President’s 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 arid 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.

Very Short Answer Questions

Question 1.
Any three relations between Union and States.
Answer:
The Union and State Relation in India are divided into three heads. They are

  1. Legislative
  2. Administrative and
  3. Financial Relations.

Question 2.
Union List
Answer:
The union list is a longest list. It consists of 100 subjects. The Union Parliament has exclusive power to make laws on these subjects like Defence, Foreign Affairs, Railways, Airways, Banking, Insurance etc.

Question 3.
Administrative Relations during emergencies.
Answer:
During the operation of a national emergency, the Union Government will work as a powerful body. The state governments are brought under its complete control. However, they can’t be suspended by the union. When the President rule is imposed in a state the President can assume to himself the functions of the state government. He can assign such functions to the Governor. During the financial emergency, the union can direct the states to observe canons of financial propriety. The President can issue directions including the reduction of salaries of persons serving in the state government and the High Court Judge.

AP Inter 2nd Year Civics Study Material Chapter 9 Union-State Relations

Question 4.
Legislative Power between the Union and the States.
Answer:
Articles 245 to 255 in part XI and chapter I of the Indian constitution deal with the legislative relations between the union and the states.

The constitutions of Indian makes three fold distributions of legislative powers between the union and states. List -I (The Union List), List -II (The State List) and List – III (the concurrent List).

Question 5.
Residuary Powers.
Answer:
The powers which are not included in any of the above lists are called residuary powers. They are assigned to the union government. Ex: The power of the Parliament to impose taxes on the services sector of the Economy.

Question 6.
Any two extra constitutional devices of Union Government.
Answer:

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

Question 7.
NiTIAayog. [Mar. 17, 18]
Answer:
The NITI Aayog (National Institute for Transforming India) is tasked with the role of formulating policies and directions for the government. It’s governing council will consist of the Chief Ministers of all the states in Indian Union and the Lieutenant Governors of the Union Territories.

Question 8.
National Development Council.
Answer:
National Development council was setup in 1952. It is as another extra-constitutional and extra-legal body to associate the states in the formulation of the plans. The Prime Minister is the ex-officio chairman of National Development Council. It consists of all the members of the Union Cabinet, Chief Ministers of all the states and the lieutenant governors of the Union Territories.

Question 9.
National Integration Council.
Answer:
National Integration Council was setup in 1961. The Council was directed to examine the issues like communalism, Casteism, Regionalism, Linguistic and narrow mindedness affecting National Integration. It makes necessary recommendations in the above matters.

Question 10.
Any three tension areas in Union – States Relations.
Answer:
Generally in Indian Political System the following areas created tensions between the union and states.

  1. Use of Article 356 in the states.
  2. Discrimination in financial allocation to the states.
  3. Appointment of enquiry commission against the Chief Ministers.
  4. Demand for State Autonomy.

Question 11.
Punchchi Commission.
Answer:
The UPA government setup a Commission on Centre – State Relations in April 28th 2007 under the Chairmanship of Madan Mohan Punchchi, a retired Chief Justice of India. The Commission was required to look into the issues of centre-state relations keeping in view the sea-change that have taken place in Indian polity since the Sarkaria Commission had last looked at the issue of Union State relations over decades ago. The commission submitted its report to the government in April 20, 2010.

AP Inter 2nd Year Civics Study Material Chapter 9 Union-State Relations

Question 12.
Union – State Relations.
Answer:
Union – State Relations is the most important aspect of a Federal Polity. They are in corporated in part XI and part XII of our constitution. Article 245 to 300 deals with the union – state Relations. Our Constitution clearly defined the union state relations for avoiding conflicts between the union and states and for establishing co-operative Federation.

The Constitution of India provides for systematic division of powers between the union and states in all spheres namely Legislative, Administrative and Financial.

AP Inter 2nd Year Civics Study Material Chapter 8 State Judiciary

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 8th Lesson State Judiciary Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 8th Lesson State Judiciary

Long Answer Questions

Question 1.
Explain the powers and functions of the High Court.
Answer:
The constitution of India provides for a High Court for each state. But the 7th Amendment Act, 1956 authorised the Parliament to establish a common High Court for two or more states and a Union Territory.

Articles 214 to 231 in Part-VI of constitution deals with the organization, qualifications, appointment, independence, jurisdiction, powers and procedures etc., of the High Court.

Composition :
Every High Court consists of a Chief Justice and such other judges as the President may from time to time deem it necessary to appoint.

Appointment of Judges :
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 case of a common High Court for two or more States, the Governors of concerned States are cpnsulted by the President. ,

Qualifications of Judges :
A person to be appointed as a judge of High Court should possess the following qualifications.
a) He should be a citizen of India.
b) He should have held judicial office in the territory of India for atleast 10 years, or
c) He should have been an advocate of a High Court or of two or more such courts for 10 years period. However, the Constitution has not prescribed a minimum age for appointment as a judge of a High Court.

Salaries and Allowances :
The salaries, allowances, privileges, leave and pension of the judges of a High Court are determined by the Parliament from time to time. The Judge of a High Court gets a salary of ₹ 80,000/-per month and the Chief Justice gets ₹ 90,000/-. They are also entitled to get other allowances and are provided with free accommodation and other facilities like medical, car, telephone etc.

The salaries and allowances cannot be reduced except under financial emergency. The salaries and allowances are drawn from the Consolidated Fund of the State. Their retired Chief Justice and other judges are entitled to 50% of their last drawn salary as monthly pension.

Tenure :
Every Judge of a High Court including Chief Justice holds office until he attains the age of 62 years. The Judges including the Chief Justice will take oath in the presence of the Governor of the concerned State. He can resign for his office when he desire so by writing to the President to that effect.

Method of removal:
A Judge of a High Court can.be removed by the President on the grounds of proved misbehaviour or incapacity. The method of removal of a Judge of the High Court shall be the same as that of a Judge of the Supreme Court.

Powers and Functions of the High Court:
The following are the powers and functions of the High Court.

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

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

2) Appellate Jurisdiction :
Every High Court hears appeals against the judgement rdinate courts. The appellate Jurisdiction of the High Court extends to both riminal Cases.

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

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

3) Court of Record :
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 evidentary value. They are taken as Judicial precedents to the Judges and Advocates in legal matters.

4) Power of Judicial Review :
The State High Court possesses the power of judicial review like the Supreme Court. It is the power of High Court to examine the constitutionality of legislature enactments and executive orders of both the Central and State Governments. On examination, if they are found to bp violated of the Constitution (Ultra Vires), they can be declared as illegal, unconstitutional and invalid (null and void) by the High Court. Consequently, they cannot be enforced by the government.

5) Power of Certification :
High Court certifies certain cases which can go to the Supreme Court. That appeals which go to Supreme Court depend up on the issue of a certificate by the High Court.

6) Advisory functions :
The High Court is consulted by the State Governor in the matters of appointment, posting and promotion of District Judges and in the appointment of personnel to the Judicial Services of the State (Other than District Judges). It deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the Judicial Service of the State. It also, renders advice to the subordinate courts in the matters of public interest or of legal importance.

7) Administrative functions :
The High Court exercises certain administrative functions within its territorial jurisdictions.

  • 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.
  • 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.
  • 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.
  • The High Court has the power to investigate or enquire into the records or other connected documents for any court subordinate to it.
  • It appoints its administrative staff and determines the salaries and allowances and other conditions of the personnel working in subordinate courts.
  • It is empowered to withdraw any case involving the interpretation of the constituion and dispose of the case itself.
  • The High Court is the Highest Court of Justice in the State. All other Courts and Tribunals (except Military Courts and Tribunals) in State function under the direct supervisions and control of the State High Court.

Other functions :
a) The High Court acts as the District Court where its head quarters are located.

b) The Chief Justice of the High Court acts as the Governor on the direction of the President tentatively whenever the vacancy arises in that office.

c) The High Court can admit Public Interest Litigation like the Supreme Court of India.

AP Inter 2nd Year Civics Study Material Chapter 8 State Judiciary

Question 2.
Write an essay on the District Level Courts.
Answer:
The state judiciary consists of a High Court and a hierarchy of Subordinate Courts also known as District Courts. The District Courts play an important role in judicial administration at the district level. The courts consist of District Judge and other Judges. They fullfill their obligations at the District, Town and Major Village levels. They hear civil and criminal cases. They are subject to the authority and control of the State government in administrative matters and to the State High Court in judicial matters.
There are two types of subordinate courts in a State namely :

  1. Civil Courts and
  2. Criminal Courts.

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

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

  1. Principal District Judge
  2. Family Court Judge
  3. SC & ST Act Court Judge
  4. Senior Civil Court Judge
  5. Junior Civil Court Judge

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

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

There are some courts namely Senior Civil Judge Courts which deal with the cases of property worth rupees above one lakh and below 10 lakhs and deliver the judgements.

Cases pertaining to property worth below one lakh will be taken up by Junior Civil Judge Court and the Judgements are delivered. There are some Nyaya Panchayats, Grama Kacheries, Adalati Panchayats and so on at the lowest level in the district to deal with local legal issues.

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

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

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

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

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

Short Answer Questions

Question 1.
Explain briefly the composition of High Court.
Answer:
The Constitution of India provides for a High Court for each state. But the 7th Amendment Act, 1956 authorised the Parliament to establish a common High Court for two or more states and a Union Territory. *

Composition :
Every High Court shall consist of a Chief Justice and some other Judges. The President of India may appoint them from time to time. Besides, the President has the power to appoint Additional Judges for a temporary period not exceeding two years as an acting Judge, where a permanent Judge of a High Court is temporarily absent or unable to perform his duties.

Such judges hold office until the permanent Judge resumes his office. The number of Judges varies from 5 in Gauhati High Court to 48 in the Allahabad High Court. Our Constitution does not specify the exact strength of High Court judges and leaves it to the discretion of the President. Accordingly, the President determines the strength of a High Court from time to time depending upon its workload.

Question 2.
Write any two powers and functions of the State High Court. [Mar. 18, 16]
Answer:
The following are the two powers and functions of the High Court.
1) Original Jurisdiction:
Every High Court in India has original jurisdiction in regard to matters of admiralty, will, marriage, divorce, company laws, contempt of court and certain revenue cases. Every High Court is empowered to issue directions, orders or writs for the enforcement of any of the Fundamental Rights. Every High Court is empowered to settle disputes relating to election of members of Parliament and State Legislatures. The High Courts of Bombay, Calcutta and Madras possess original jurisdiction in Civil as well as Criminal cases arising within the presidency towns.

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

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

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

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

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

Question 3.
Explain the Administrative functions of the High Court
Answer:
The High Court exercises certain administrative functions within its territorial jurisdictions.

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

AP Inter 2nd Year Civics Study Material Chapter 8 State Judiciary

Question 4.
Explain the powers and functions of District Court.
Answer:
There will be District Civil Courts at the District Level. The District Judge acts as its head. He exercises control and supervision over other civil courts in the district.

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

  1. Principal District Judge
  2. Family Court Judge
  3. SC & ST Act Court Judge
  4. Senior Civil Court Judge
  5. Junior Civil Court Judge

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

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

There are some courts namely Senior Civil Judge Courts which deal with the cases of property worth rupees above one lakh and below 10 lakhs and deliver the judgements.

Cases pertaining to property worth below one lakh will be taken up by Junior Civil Judge Court and the Judgements are delivered. There are some Nyaya Panchayats, Grama Kacheries, Adalati Panchayats and so on at the lowest level in the district to deal with local legal issues.

Question 5.
Discuss the powers and functions of State Advocate General. [Mar. 17]
Answer:
Every State in Indian Union shall have an Advocate General, an official corresponding to the Attorney-General of India. He performs similar functions for the State that of the Attorney-General of India. He is the highest law officer in the State.

Appointment:
The Advocate General is appointed by the Governor of the State under the Article 165 of the Constitution. A person to be appointed as Advocate General must possess the following qualifications.

  1. He should be a citizen of India.
  2. He must have held a judicial office for ten years or an advocate of a High Court for ten years.
  3. He must be a person who is qualified to be appointed a judge of a High Court.

Tenure and Removal :
The Constitution of India did not mention the tenture of Advocate General. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the Governor. He may be removed by the Governor at any time. He may also quit his office by submitting his resignation to the Governor. Conventionally, he resigns when the government resigns or is replaced, as he is appointed on the advice of the government.

Salary :
His remuneration is not fixed by the Constitution. He receives such remuneration as the Governor may decide from time to time.

Powers and functions :
As the highest law officer of the State Government, he exercises the following powers and functions.

  • He advises the State Government upon such legal matters which are referred to him by the Governor.
  • He performs such other duties of a legal character that are assigned to him by the Governor.
  • He discharges the functions and conferred on him by the Constitution.
  • He appeared before any court of law within the State.
  • He has a right to speak and to take part as member in the proceedings of the house (s) but no right to vote.
  • He can also attend any of the Standing Committee meetings of State Legislature.

Very Short Answer Questions

Question 1.
Appointment of High Court Judges. [Mar. 18, 17]
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 case of a common High Court for two or more States, the Governors of concerned States are consulted by the President.

Question 2.
Qualifications of High Court Judges. [Mar. 16]
Answer:
A person to be appointed as judge of High Court should possess the following qualifications.

a) He should be a citizen of India.
b) He should have held a judicial office in the territory of India at least 10 years, or
c) He should have been an advocate of a High Court or of two or more such courts for 10. years period. However, the constitution has not prescribed a minimum age for appointment as a judge of a High Court.

Question 3.
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 evidentary value. They are taken as Judicial precedents to the judges and Advocates in legal matters.

AP Inter 2nd Year Civics Study Material Chapter 8 State Judiciary

Question 4.
Advisory functions of High Court.
Answer:
The High Court is consulted by the State Governor in the matters of appointment, posting and promotion of District Judges and in the appointment of personnel to the Judicial Services of the State (Other than District Judges). It deals with the matters of posting, promotion, grant of leave, transfers and discipline of the members of the Judicial Service of the State. It also renders advice to the subordinate courts in the matters of public interest or of legal importance.

AP Inter 2nd Year Civics Study Material Chapter 7 State Legislature

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 7th Lesson State Legislature Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 7th Lesson State Legislature

Long Answer Questions

Question 1.
Explain the composition, powers, and functions of the State Legislative Assembly.
Answer:
The Constitution provides for a Legislature for every State on the model of the Parliament. As per Article 168, the State Legislature consists of the Governor and one or two Houses. In India, while some States have Bicameral Legislatures, others have Unicameral Legislatures. Andhra Pradesh at present possesses Unicameral Legislature.

The Lower House of the State Legislature is known as the Legislative Assembly or Vidhana Sabha and the Upper House is the Legislative Council or Vidhana Parishad.

Composition of Legislative Council (Vidhana Parishad) :
The Upper House of the State Legislature is known as Legislative Council. The Constitution lays down that a Legislative Council shall have not less than 40 members and not more than \(\frac{1}{3}\)rd of the total membership of the State Assembly. The Legislative Council consists of both nominated and elected members.

The election is conducted through the indirect method by means of proportional representation with a single transferable vote.

Distribution of Seats :

  1. \(\frac{1}{3}\)rd are elected by the members of the State Assembly.
  2. \(\frac{1}{3}\)rd are elected by members of local bodies.
  3. \(\frac{1}{12}\)th are elected by teachers.
  4. \(\frac{1}{12}\)th are elected by graduates.
  5. The remaining \(\frac{1}{6}\)th members are nominated by the Governor from among persons who have distinguished themselves in the fields of Literature, Science, Arts, Social Services etc.

Qualifications :
The members of the Council 1) must be citizens of India, 2) must have completed 30 years of age and 3) must possess such other qualifications as may be prescribed by the Legislature.

Term :
the members are elected for a period of 6 years. But \(\frac{1}{3}\)rd of them retire for every 2 years. The Council is a permanent body. It cannot be dissolved by the Governor.

Chairman and Deputy Chairman:
The Council has Chairman and a Deputy Chairman who are elected by the members of the Council from among themselves. The Chairman presides over the meetings of the Council.

Legislative Assembly (Vidhana Sabha) :
Composition of the Legislative Assembly :
The Legislative Assembly is the popular and powerful chamber of the State Legislature. It is the lower house and resembles more or less the Lok Sabha at the Centre. It consists of representatives directly elected by the people of the State on the basis of universal adult franchise. It’s maximum strength is fixed at 500 and minimum strength at 60. Only the Legislative Assembly of Sikkim has less than 60 because of it’s small population. Those who become members of State Legislative Assembly must be citizens of India and must be above 25 years of age.

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

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

Powers and Functions of the State Legislature :
The State Legislature has the following powers.

1) Legislative Powers and Functions :
The State Legislature has the power to make laws on all the subjects included in the State List. It has also the power to make laws in respect of subjects included in the Concurrent List. However, such a law should not disagree with a law already made by the Parliament on the same subject. In the making of laws, Legislative Assembly has been given more powers than the Legislative Council. The Legislative Council at the most may delay the legislation for a period of 4 months. Later the Assembly sends the bill to the Governor for his assent.

2) Constitutional Powers and Functions :
Even though, the Legislature has no powers to move the Constitution amendment bills, it’s consent is required for amending certain provisions of the Constitution. Such bills have to be referred to it after they are approved by the Parliament.

3) Executive Powers and Functions :
The State Legislature exercises control over the Council of Ministers. It’s members make the Ministers individually and collectively responsible to the Legislature. The Council of Ministers is collectively responsible to the State Legislative Assembly. The Legislature can expose the actions of Executive, through questions, debates and adjournment motions. In controlling the Executive, the Legislative Assembly has more powers than the Council. The Ministry has to resign when the Legislative Assembly passes no confidence motion against the Government.

4) Financial Powers and Functions:
The State Legislature exercises complete control over the finances of the State Government. It sanctions money to the State Government to enable it to run the administration. It may pass, reduce or reject the demands for grants presented to it by the Government. It may accept or reject proposals for taxation and borrowings presented to it by the Government. In financial matters the Assembly is more powerful than the Council. Because all money bills, including the Budget, shall be introduced first only in the Assembly. It can accept or reject any recommendations made by the Council.

5) Electoral Powers :
The elected members of the Assembly participate in the election of the President. They also elect the representatives of the State to the Rajya Sabha and l/3rd members of the Legislative Council if the State Legislature is bicameral. They also elect the presiding officers and deputy presiding officers of Assembly and Council.

Miscellaneous Powers : The state legislature :

  1. Safeguards the dignity and privileges of its members.
  2. Suspends, expels or terminates their membership.
  3. Examines the report of the State Public Service Commission and the Comptroller and Auditor General etc.

Conclusion:
The State Legislature plays an important role in the State Administration. It makes necessary laws for the welfare of the people of the State. It controls the Executive by making it responsible for their actions.

AP Inter 2nd Year Civics Study Material Chapter 7 State Legislature

Question 2.
Write briefly the composition, powers and functions of the. State Legislative Council.
Answer:
The Upper House of the State Legislature is known as Legislative Council. The Constitution lays down that a Legislative Council shall have not less than 40 members and not more than \(\frac{1}{3}\)rd of the total membership of the State Assembly. The Legislative Council is a body of partly nominated and partly elected members.

The election is conducted through indirect method by means of proportional representation with a single transferable vote.
Composition of the Council:

  1. \(\frac{1}{3}\)rd members are elected by the Legislative Assembly.
  2. \(\frac{1}{3}\)rd members are elected by members of local bodies.
  3. \(\frac{1}{12}\)th members are elected by teachers.
  4. \(\frac{1}{12}\)th members are elected by graduates.
  5. The remaining \(\frac{1}{6}\)rd members are nominated by the Governor from among persons who have distinguished themselves in the fields of Literature, Science, Arts, Social Services etc.

Tenure :
The Legislative council is a quasipermanent House. l/3rd of the members of this House retire every two years. But the term of each member is six years. New members are elected in the place of retired members. All the members of the House do not retire at a time as it is a permanent House.

Powers and Functions of State Legislative council:
State Legislative council is the primary law making body along with the Legislative Assembly. The State Legislative Council has the following powers and Functions.

a) Legislative powers and Functions :
The Legislative Council does not possess equal powers and functions when compared to counterpart, State Legislative Assembly. It is said that the Legislative Council enjoys equal status and not power. However it exercises the following powers and functions. All the bills, other than money bills may be introduced in either of the House. They will be sent to the assent of the Governor only with the approval of both the Houses. The Council may reject any bill and spnt it back for the reconsideration of the Assembly. However, incase of a disagreement between two Houses, the decision of the Assembly will be supreme.

The Council must approve all the bills sent by the Assembly with in a period of three months or at the maximum of four months. It implies that the Council can withhold its assent over the bills sent by the Assembly for a maximum period of four months. Thus, the Legislative Council can only delay the bills but the Legislative Assembly can override it.

b) Executive Powers and Functions :
The State Legislative Council has very limited executive powers when compared to that of the Assembly. The council of Ministers headed by the Chief Minister is responsible for its acts only to the Assembly and not to the Council. The Council cannot decide the future of the Council of Ministers. However, the Council can influence the policies and programmes of the ministers by asking questions and supplementary questions by drawing the call attention motion etc., but they cannot force the Council of Ministers to resign.

c) Financial Powers and Functions :
The Legislative Council has only limited powers in the financial matters. Money bills cannot at first be introduced in the Legislative Council first. The Council must accept all money bills with or without recommendation within fourteen days of the receipt of the bill. The Assembly possess the discretion powers either to accept or reject these recommendations. If the Council does not return the Money Bill to the Assembly within 14 days, then the bill is deemed to have been passed by both the Houses. It is clear that in the financial field the Legislative Council has a subordinate status and that Legislative Assembly has dominant position.

d) Electoral Functions:
The Legislative Council elects a Chairman and Deputy Chairman to preside over its meetings in a dignified manner. Some of its members are elected to various legislative committees like Public Accounts Committee, Estimates Committee and Public Undertakings committee etc.

e) Other Functions :
The Legislative council acts as the best means for formulating and consolidating public opinion. It discusses technical and other contemporary matters, as there are experts in various fields.

Question 3.
Explain the role and responsibilities of the Speaker of Legislative Assembly.
Answer:
The members of State Legislative Assembly elect one among them as a speaker to conduct the business of the House. His term of office is five years.

The speaker is the guardian of the Rights and Liberties of the members of the House.

Role and Responsibilities (or) Powers and Functions of the Speaker :
The powers and functions of the speaker of State Legislative Assembly are almost the same as those of the Speaker of Lok Sabha. His powers and functions are as follows.

  1. The speaker preserves order and decorum in the House for conducting legislative business.
  2. He allocates time for different kinds of business in the House.
  3. He interprets the rules and procedure.
  4. He puts matters to vote and announces the results.
  5. He has the right of casting vote in case of a tie.
  6. He admits motions, resolutions and points of order.
  7. He is empowered to adjourn the meeting of the House in the absence of a quorum.
  8. He can order for removal of indecent and incriminatory references from the records.
  9. He allows the members to speak in the House.
  10. He may name a member and ask him to leave the House in case of disorderly behavior.
  11. He can adjourn the House in case of grave disorder or serious matter.
  12. He accepts and rejects the resignation of a member of the House after ascertaining whether it was submitted under due process or not.
  13. He appoints the Chairmen of all the committee of the assembly and supervises their functioning. He himself is a Chairman of Business Advisory Committee, Rules Committee and the General Purpose Committee.
  14. He decides where a bill is a Money Bill or not. His decision on this question is final.

Short Answer Questions

Question 1.
Write a note on the Legislative Assembly.
Answer:
Legislative Assembly is the Lower House of the State Legislature. The Members of Legislative Assembly are called M.L.As. According to Article 170of the Indian Constitution it consists of not more than 500 members and not less than 60 members. It means that it’s strength depends on the population and size of the state. But small states have been allowed to have less number of members. Thus Goa and Mizoram have only 40 members, while Sikkim has 32 Members.

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

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

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

AP Inter 2nd Year Civics Study Material Chapter 7 State Legislature

Question 2.
Write a note on Estimates Committee.
Answer:
According to the Rules of Procedure and Conduct of Business in the State Legislature, the Estimates committee consists of 20 members. Among them 15 members belong to Assembly. The remaining 5 members belong to Legislative Council. The members hold office for a period of one year. They are elected through in indirect election.

Functions :
The functions of the Estimates Committee in the State Legislature are the same as that of Estimates Committee of Lok Sabha. These are given here under.

  1. Estimates Committee exercises control over public expenditure.
  2. It suggests fiscal reforms in organization, the efficiency or administration reforms consistent with the policy underlying estimates.
  3. It advises alternative policies for securing efficiency and economy in administration.
  4. It examines whether the money is well laid out within the limits of the policy implied in the estimates.
  5. It also suggests the form in which the estimates shall be presented to the Assembly.

Question 3.
What do you know about Public Accounts Committee? [Mar.-18, 17]
Answer:
Public Accounts Committee consists of 20 members out of which 15 members belong to Assembly and 5 members belong to Legislative Council. They are elected through indirect election by following the principle of proportional representation Jor a period of one year. The Chairman is normally the member of Opposition Party. The Ministers of Cabinet cannot be member of Public Accounts Committee.

Functions :
Public Account Committee performs the following functions.

  1. The committee examines the accounts showing the appropriation of sums granted by the house for expenditure of the state government.
  2. It scrutinizes the appropriation accounts of the state and the reports of the Comptroller and Auditor General.
  3. It shall be the duty of the Public Accounts Committee to examine such a trading, manufacturing, and profit and loss accounts and balance sheets and the accounts of the state government and also to consider the report of the Comptroller and Auditor General.
  4. The committee carefully considers the accounting and audit procedures.
  5. The committee is not concerned with the question of policy approved by the legislature.
  6. The committee investigates expenditure after it has already incurred. An overall, this committee is generally described as a ‘post-mortem committee’.

Question 4.
Write the powers and functions of Vidhcma Sabha Speaker. [Mar. 16]
Answer:
The powers and functions of the Speaker of State Legislative Assembly are almost the same as those of the Speaker of Lok Sabha. His powers and functions are as follows.

  1. The speaker preserves order and decorum in the House for conducting legislative business.
  2. He allocates time for different kinds of business in the House.
  3. He interprets the rules and procedure.
  4. He puts matters to vote and announces the results.
  5. He has the right of easting vote in case of a tie.
  6. He admits motions, resolutions and points of order.
  7. He is empowered to adjourn the meeting of the House in the absence of a quorum.
  8. He can order for removal of indecent arid incriminatory references from the records.
  9. He allows the members to speak in the House. ‘
  10. He may name a member and ask him to leave the House in case of disorderly behavior.
  11. He can adjourn the House in case of grave disorder or serious matter.
  12. He accepts and rejects the resignation of a member of the House after ascertaining whether it was submitted under due process or not.
  13. He appoints the Chairmen of all the committees of the assembly and supervises their functioning. He himself is a Chairman of Business Advisory Committee, Rules Committee and the General Purpose Committee.
  14. He decides where a bill is a Money Bill or not. His decision on this question is final.

Very Short Answer Questions

Question 1.
Qualifications of M.L.A. [Mar. 18, 16]
Answer:
A person who wishes to contest for the membership of the State Legislative Assembly must be possess the following qualifications.

  1. He should be a citizen of India.
  2. He should have completed the age of 25 years.
  3. He should possess such other qualifications as prescribed by any act of Parliament.
  4. However, no person can simultaneously be a member of any House of the Parliament and of a State Legislature.

Question 2.
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.
a) He should be a citizen of India.
b) He should have completed 30 years of age.
c) He should possess such other qualifications as laid down by an Act of Parliament.

Question 3.
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 Legislative 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 4.
Salaries and Allowances of M.L.A.
Answer:
The salary of MLA is decided by the respective State Legislature as per the Article 164 of the Indian constitution. The members of Andhra Pradesh State Legislative Assembly receive a monthly salary of ₹ 90,000/- which includes a basic pay of ₹ 15,000/- and constituency allowance of ₹ 75,000/-. Those legislators who are not provided government accommodation will get an additional ₹ 10,000/- as H.R.A members also get daily allowance of ₹ 800/- when the state legislature is in session.

Question 5.
Privileges of State Legislature.
Answer:
Privileges of a State Legislature are a sum of special rights, immunities and exemptions enjoyed by the State Legislatures. They are necessary in order to secure independence and effectiveness of their actions. The Houses cannot maintain the authority, dignity and honour without these privileges. They can protect their members from any obstructions in the discharge of their legislative responsibilities.

  1. Collective privileges
  2. Individual privileges

i) Collective Privileges :
The legislature has the right to publish its reports, debates and proceedings and also to prohibit others publishing the same.

ii) Individual Privileges:
The privileges belonging to the members of state legislature individually. They can not be arrested during the session of the state legislature or 40 days before and after the end of the session.

AP Inter 2nd Year Civics Study Material Chapter 7 State Legislature

Question 6.
Brief History of AP legislature.
Answer:
The Andhra state was formed on October 1, 1953 Andhra State legislature initially had 140 MLAs. Elections were held to the Andhra State Legislative Assembly for the first time in 1955.

As per the recommendations of states re-organization committee, Hyderabad State was merged with Andhra State on linguistic basic and formed into Andhra Predesh State which had 245 MLAs [Including 150 MLAs of Hyderabad State.] Elections were held to the Andhra Pradesh legislative Assembly in 1957.

The State Legislative Council was established on July 1,1958. Since then it continued to exist till June 1, 1985, before being abolished. Again on March 30, 2007 the Andhra Pradesh Legislature became again bicameral after the revival of the legislative council.

Question 7.
Chairman of Legislative council. [Mar. 16]
Answer:
There will be a chairman in the Legislative council for conducting the meetings. He is elected by the members of the Legislative council among themselves. Dr. A. Chakrapani Yadav is the Present Chairman of Legislative council of Andhra Pradesh.

Question 8.
Deputy Speaker.
Answer:
The members of State Legislative Assembly elect one among them as a Deputy Speaker. His term of office is 5 years. The deputy speaker performs the duties in the absence of the speaker.

Question 9.
Deputy Chairman of Legislative Council.
Answer:
The Members of State Legislative Council elect one among them as a Deputy Chairman. The Deputy Chairman performs the duties in the absence of the Chairman.

AP Inter 2nd Year Civics Study Material Chapter 7 State Legislature

Question 10.
Types of committees. [Mar. 18]
Answer:
The committees are of two types i.e., Standing committees and Ad-hoc committees.
i) Standing Committees:
Standing committees deal with specific business (financial matters) Ex : Estimates committee, Public accounts committee and Committee on public undertakings.

ii) Ad-hoc Committees :
Ad-hoc committees are concerned with the matters of temporary nature. They cease to exist after completion of the work. They perform some specific functions assigned to them from time to time.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 6th Lesson State Executive Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 6th Lesson State Executive

Long Answer Questions

Question 1.
Discuss the powers and functions of the Governor. [Mar. 18]
Answer:
The Governor is the constitutional head of the state government. Article 153 of the Indian constitution provides for the office of the governor in the states. The administration of a state is carried on in the name of the governor

Appointment:
The president appoints the governor on the advice of the Prime Minister. In this Contest, the president generally follows two conventions which are mentioned below for the appointment of the governor.

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

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

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

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

Oath of Office :
The Chief Justice of the state High Court administers the oath of office to the governor.

Tenure :
The Governor holds office as a convention for a term of five years. However, He holds office during the pleasure of the president.

Powers and Functions of the Governor:
The Governor exercises six important powers and functions. They are explained as follows.

1) Legislative Powers and Functions :
Article 163 describe that the Governor is an intregral part of the Stage Legislature. In that capacity he exercises certain powers and performs functions related to the State Legislature.

  1. The Governor inaugurates the first sessions of the State Legislative Assembly after the general elections are over.
  2. He also addressing the first session of State Legislative Assembly every year i.e. budget session.
  3. He appoints Pro-tern Speaker of the State Legislative Assembly.
  4. He summons and prorogues the sessions of the two Houses of the State Legislature.
  5. He addresses the Members of the state Legislature and sends messages in relation to the state legislature.
  6. The Governor gives his assent to the bills passed by the state Legislature.
  7. He may return a bill sent by the state Legislature for its reconsideration.
  8. 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.
  9. He may promulgate Ordinances to meet an emergency which require immediate action during the recess of the State Legislature.
  10. He nominates members of Anglo-indian community to the Legislative Assembly of the state if he feels that community is not represented in the house!
  11. The Governor nominates 1/6 of the total members of the State Legislative Council.

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

  1. The Governor appoints, the Chief Minister and the members of the Council of Ministers on the advice of the Chief Minister.
  2. He allocates Portfolios among the ministers and reshuffles their portfolios.
  3. He removes the Ministers on the advice of the Chief Minister.
  4. He appoints the Vice-Chancellors of the Universities in the State. He acts as the Chancellor of the universities.
  5. He appoints the Chief Secretary and Advocate General of the State Government.
  6. He appoints the Chairmen and other members of the State Commissions such as a) State Public Service Commission, b) State Election Commission, c) Official Language Commission, d) Commission for Women, e) Minorities Commission, f) Backward Classes Commission and g) 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 offence against any law of the concerned state.

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

  1. The Governor sees that the Annual Financial Statement,(i.e. Budget) is laid before the State Legislature.
  2. No Money bill shall be introduced in the prior permission of the Governor.
  3. No Demand for Grant can be made except on his recommendation.
  4. He maintains the Contingency Fund of the State. He can make advances out of the Contingency Fund to meet any unforeseen expenditure.
  5. He constitutes a Finance Commission for every five years to review the financial position of village Panchayats and Municipalities.
  6. He sees that reports of various financial committees are laid before the State Legislature.

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

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

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

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 2.
Explain the powers and Functions of the Chief Minister.
Answer:
Articles 163 and 164 of our constitution deal with the office of the chief minister. The chief minister is the real executive head of the State Government. He plays a decisive role and occupies a key position in the State Government.

Appointment :
The Chief Minister is appointed by the governor under article 164. After general elections, the governor normally invites the leader of the majority party in the Legislative Assembly to form the government and appoints him as the Chief Minister.

Powers and Functions of Chief Minister:
The Chief Minister has high authority and heavy responsibility in discharging his powers and related functions. His powers and functions are related to the following heads.

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

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

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

iv) Leader of the Legislative Assembly:
As the Chief Minister enjoys the confidence and support of the majority Legislators he acts as the leader of the Assembly. In that capacity he extends complete co-operation to the Presiding Officers for the smooth conduct of the Business of the House. He ensures discipline .of his party members in the Assembly. The CM helps other Ministers in case they are unable to satisfy the House with their replies or when a situation goes out of control in the Assembly. He announces the Government policies on the floor of the Legislative Assembly.

v) Chief Spokes Person :
The Chief Minister is the chief spokesperson of the Government. He announces the major policies and programs of the State Government. His statements in and outside of the State Legislature will carry much legitimacy and influence in the State. The Members in the State Legislature demand for clarification and statements on particular issues of the State from the Cheif Minister. So, he maintains much restrain without making controversial statements.

vi) Leader of the party in power:
The Chief Minister is the leader of party in power at the State level, he participates in the meetings organized by his party. He informs the party members about the policies and programs initiated by the State Government to fulfill the poll promises of his party. He seeks the co-operation and support of the party members for the effective implementation of the government policies and successful function pf the Government. He brings co-ordination between the party in power and the Government.

If he happens to be the President or the General Secretary of the party he gains control over his party. He utilizes the services of the senior, experienced and prominent party leaders in improving the image and efficiency of the State Government. He sees that his party members do not make controversial and embarrassing comments that may land the executive in the troubled waters. –

vii) Leader of the people :
He tries to know and understand the needs and interests, aspirations and expectations of the people in the State. For this purpose he frequently makes visits to different places and addresses the public gatherings. He invites petitions from the people and patiently listens to them. He informs the people about the welfare measures and developmental programs taken up by the Government. He motivates the people to take active participation in the implementation of various welfare schemes. He undertakes relief „ measures and consoles the people affected during the natural calamities. He maintains good rapport with the people and wins their confidence and trust, as their prominent leader of the people.

viii) Chief Advisor to the Governor :
It is the Constitutional obligation of the CM to render advice to the Governor on all matter of the State Government. His advice is binding over the Governor in the matter of appointment of ministers, allocation of portfolios, reshuffling of the Ministry and accepting the resignation of Ministers. It is a rate privilege and opportunity of the Chief Minister to advise the Governor to dissolve the State Legislative Assembly when he still has majority support of the members in the Assembly.

ix) Cordial relations with the Union Government:
The Chief Minister, being the real head of the. State administration, has the main responsibility of maintaining harmonious relations with the Union Government. He should develop cordial and amicable relations with the Prime Minister and the Union Ministers. He will have to interaction with several Union Ministers particularly of Home, Finance, Industry, Agriculture, Education, and Rural Development etc.

How much Union support a State gets in the form of financial grants to the centrally sponsored schemes depend on the Chief Minister’s influence on and the rapport with the Union Ministers. The State’s representation in the Union Cabinet also influences the quantum and quality of the support to the State.

x) Relations with Party in Opposition :
The Chief Minister maintains good relations with the Presidents, Floor Leaders, and MLAs of the Opposition Parties. Good contacts, healthy relations and cordial approach the Chief Minister in securing constructive co-operation from the Opposition. He takes the Opposition parties into confidence on crucial issues of the State. He organizes all party meetings and takes delegation of all parties to the Union Government for communicating issues of the state.

xi) Related to the Constitution:
The Indian Constitution confers all the powers of real executive on the Chief Minister. He owes his position to the Constitution. He has to exercise his authority and discharge his responsibilities in accordance with the provisions of Constitution. He must uphold the democratic norms and Constitutional principles in running the State administration.

Question 3.
Describe the powers and functions of the State Council of Ministers.
Answer:
Article 163(1) of the Indian Constitution provides for the State Council Ministers with the Chief Minister at its head, to aid and advise the Governor in the exercise of his powers and in running the State administration.

Composition :
The State Council of Ministers is generally a three-tier body. It consisting of.
1. Cabinet Ministers 2. Ministers of State and 3. Deputy Ministers. There will be some only Parliamentary Secretaries in some states on rare occasions. It constitutes the fourth wing of the hierarchy of the Council of Ministers.

Qualifications :

  1. They should be members of either House of the Legislature (if it is bi-cameral)
  2. If the Ministers are not the members of the State Legislature, they should be elected to the State Legislature within six months from the date of assuming their office. Otherwise they cease to hold their office.
  3. They must possess such other qualifications as*is determined by the Parliament from time to time.

Appointment:
All the Ministers are appointed by the governor (Article 164) on the advice and recommendation of the chief minister.

Powers and Functions of the Council of Ministers :
i) Policy Formulation :
The State Council of Ministers formulates policies suitable for the progress of the people and development of the State. It is an intellectual and laborious process. The Cabinet Ministers meet frequently under the leadership of the Chief Minister, discuss thoroughly various matters of the State adihinistration and finalize the policies along with the necessary decisions.

ii) Enactment of Laws :
The State Council of Ministers takes Legislative initiation on different matters of State Government. It is the Council Ministers that drafts and finalizes the public Bill and pilots them in the State Legislature at different stages in order to get them approved by the Legislature. Once the bills are approved by the Legislature, the Council of Ministers advises the Governor to assent them so that they become laws. The Council of Ministers may propose amendment to the existing laws or enactment Of new laws for the administrative convenience.

iii) Provision of Good Administration :
The State Council of Ministers i.e., the real executive is voted to power to provide good administration and promote the well-being of the .people of the State. The chief responsibility of the Council of Ministers is running the administration in accordance with the Constitutional cardinals and democratic doctrines. The.total administrative work is divided into different ministries. Each minister has one or more departments under his control and is responsible for the effective and the transparent administration of such departments. It formulates and implements different developmental programs and welfare schemes.

iv) Co-ordination of Governmental Activities :
The State Council of Ministers is responsible and the authority for coordinating the functions of different government departments. Without proper co-ordination among the departments the success of the State administration cannot be ensured. The Chief Minister guides and takes lead in coordinating the cabinet discussions and government activities.

v) Appointment Power:
The State Council of Ministers plays a key role in all important appointments to various offices in the State. It makes all appointments in the name of the Governor to various higher offices like the Chief secretary. Advocate General, D.G.R Principal Secretaries and other Heads of the Departments etc.

vi) Financial Fucntions :
The State Council of Ministers wields control over the Finances of the State. It determines fiscal policy and deals with the matters concerning the State Revenue, Expenditure, Investment and Audit of Accounts. It prepares the budget proposals of the State Government and places it before the State Legislature for its consideration and approval. It manages the Finances of the State according to the policy and budget as approved by the Legislature. Its role is that of a trustee.

vii) Miscellaneous Functions :
The State Council of Ministers finalizes strategies for the overall development of the State in the sphere of Agriculture, Irrigation, Industry, Transport, Education, Planning, IT etc. It proclaims ordinances in the name of the Governor during the recess of the State Legislature.

Short Answer Questions

Question 1.
Explain any three Powers and Functions of the Governor.
Answer:
1) Legislative Powers and Functions :
Article 168 describes that the Governor is an intregral part of the State Legislature. In that capacity he exercises certain powers and performs functions related to the State Legislature.

  1. The Governor inaugurates the first sessions of the State Legislative Assembly after the general elections are over.
  2. He also addressing the first session of State Legislative Assembly every year i.e. budget session.
  3. He appoints Pro-tem Speaker of the State Legislative Assembly.
  4. He summons and prorogues the sessions of the two houses of the State Legislature.
  5. He addresses the Members of the state legislature and sends messages in relation to the state legislature.
  6. The Governor gives his assent to the bills passed by the State Legislature.
  7. He may return a bill sent by the State Legislature for its reconsideration.
  8. 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.
  9. He may promulgate Ordinances to meet an emergency which require immediate action during the recess of the State Legislature.
  10. He nominates members of Anglo-Indian community to the Legislative Assembly of the state if he feels that community is not represented in the house.
  11. 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 a) State Public Service Commission, b) State Election Commission, c) Official Language Commission, d) Commission for Women, e) Minorities Commission, f) Backward Classes Commission and g) SC & ST Commission.
  7. He regulates the postings and transfers of the All India Services personal working in the state.

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

  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 offence against any law of the concerned state.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 2.
What are the Discretionary Functions of the Governor?
Answer:
Under Article 163(1) of the constitution the governor has been armed with certain discretionary powers. In the exercise of his discretionary powers, the governor is not bound by the advice of his ministers or even to seek such advice. His actions shall not be called into question on the ground that he ought or ought not to have acted in his discretion.

The discretionary powers of governor are mentioned below.

  1. Playing a decisive role in appointing the new Chief Minister in a situation when single party has a clear majority in the State Legislative Assembly.
  2. Dismissing a Ministry when it refuses to resign even after losing majority support in the House.
  3. Dissolution of the Assembly on the advice of the Chief Minister who lost the majority members support.
  4. Rendering advice to the President for the imposition of the President’s Rule in the State.
  5. Reserving a Bill for the consideration and approval of the President.
  6. Seeking instructions from the President before promulgating ordinance on some important matters.
  7. Sending back a bill passed by the state legislature for its reconsideration, except money bills.
  8. Seeking information from the Chief Minister with regard to the administrative and legislative matters of the State.

Question 3.
What are the Differences between the Governor of a State and the President of India?
Answer:

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

Question 4.
What is the position and significance of the Governor in the State?
Answer:
The Constitution of India provides for the Parliamentary System of Government both at Centre and in the States. While the Governor is only a nominal executive, the real executive constitutes the Council of Ministers headed by the Chief Minister. The Constitution has assigned a dual role to the office of a Governor in the Indian federal system. He is the Constitutional head of the State Government as well as the representative of the Union Government.

As the Constitutional head of the state government, he must positively contribute to the progress and development of the State. He has to see that the political and administrative heads of the State Government strive for the promotion of the interests of the people. The Governor has to ensure that the ministers and bureaucrats must observe the constitutional and democratic norms. It is the responsibility of the Governor to see that the affairs of the government are carried on in accordance with Constitutional provisions. The Governor has to maintain close and harmonious relations with the real executive heads of the Union and State Governments.

The Governor is not supposed to run a parallel government in the State. His role is that of a good counselor, mediator and arbitrator than an active politician. He shall abide by the advice of the State Council of Ministers. This does not mean that he should accept all proposals immediately. He can reserve Bills for reconsideration and prevent hasty decisions. Great caution and restrainment must be exercised while reporting to the President under Article 356. Otherwise, his image as guardian of the State Government would tarnished. He should keep himself away from active politics. If he identifies himself with a political party, he cannot inspire the total trust of the people.

Being the representative of the Centre, the Governor has the responsibility of informing through reports whether the State is complying with the directives issued by the Union from time to time. It is his constitutional obligation to inform the Union whether the constitutional machinery is functioning smoothly in the state or not.

The Centre-State relations largely depend upon the action and performance of the Governor. He can make or mar the healthy relations between the Union and the State. The Constitution has given certain discretionary powers to the Governor. If the Governor makes use of these powers sparingly, judiciously and impartially, tensions between the Centre and the States would certainly be reduced. If he acts with bias and at the behest of the Central Government, the tensions between the Centre and State would undoubtedly be enhanced. The role of the Governor in the formation or dissolution of the Ministry or imposing of President’s Rule will have far reaching implications and consequences in the healthy and harmonious Centre-State relations.

Question 5.
Explain any three Powers and Functions of the Chief Minister. [Mar. 16]
Answer:
The following are the three important powers and functions of the Chief Minister.
i) Formation of the Ministry :
The first arid foremost responsibility of the Chief Minister is the formation of Ministry of his choice. The CM has a free hand in the selection and appointment of Ministers. He chooses some members of his party (or coalition partners in the case of a coalition) and recommends their names to the Governor to be appointed as Ministers. He advises the Governor to allocate portfolios among the Ministers.

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

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

Question 6.
Explain the Composition of the State Council of Ministers.
Answer:
Article 163(1) of the Indian Constitution provides for the State Council Ministers with the Chief Minister at its head, to aid and advise the Governor in the exercise of his powers and in rurining the State administration.

Composition :
The State Council of Ministers is generally a three-tier body. It consisting of.
1. Cabinet Ministers 2. Ministers of State and 3. Deputy Ministers. There will be some only Parliamentary Secretaries in some States on rare occasions. It constitutes the fourth wing of the hierarchy of the Council of Ministers.

i) Cabinent Ministers :
The cabinent is a small body 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. Some times the Ministers of state and deputy ministers may attend the cabinet meetings, in case their presence is needed during deliberations. They meet frequently and determine the policies of the State Government under the stewardship of the Chief Minister.

ii) Ministers of State :
The Ministers of State hold portfolios of less importance compared to the Cabinent Ministers. They may be attached to the individual Cabinent Ministers or might be given independent charge of crucial departments’in the major Ministries. In such a case they enjoy independence. They are answerable directly to the Chief Minister. They are not subject to the control of Cabinet Ministers.

iii) Deputy Ministers :
The Deputy Ministers are attached to the Cabinet Ministers. They performs such functions which are assigned by the Cabinet Ministers. His role is mainly to relieve the burden of the Cabinet Minister. He assists the Cabinent Minister in the administrative and legislative affairs of the Ministry the Constitution (91st Amendment) Act 2003 fixes a ceiling on the size of the Council of Ministers. The total number of the Ministers cannot be more than 15% of the total strength of the State Legislative Assembly.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 7.
Point out any three Powers of the State Council of Ministers. [Mar. 17]
Answer:
The three of the following are the important powers of the state council of Ministers.
i) Policy Formulation :
The State Council of Ministers formulates policies suitable for the progress of the people and development of the State. It is an intellectual and laborious process. The Cabinent Ministers meet frequently under the leadership of the Chief Minister, discuss throughly various matters of the State administration, and finalize the policies along with the necessary decisions.

ii) Enactment of Laws :
The State Council of Ministers takes Legislative initiation on different matters of State Government. It is the Council of Ministers that drafts and finalizes the public Bills and pilots them in the State Legislature at different stages in order to get them approved by the Legislature. Once the bills are approved by the Legislature, the Council of ministers advises the Governor to assent them so that they become laws. The Council of Ministers may propose amendment to the existing laws or enactment of new laws for the administrative convenience.

iii) Provision of Good Administration :
The State Council of Ministers i.e., the real executive is voted to power to provide good administration and promote the wellbeing of the people of the State. The chief responsibility of the Council of Ministers is running the administration in accordance with the Constitutional cardinals and democratic doctrines.

The total administrative work is divided into different ministries. Each minister has one or more departments under his control and is responsible for the effective and the transparent administration of such departments. It formulates and implements different developmental programs and welfare schemes.

Question 8.
Estimate the relationship between the Chief Minister and the Governor.
Answer:
In a Parliamentary Democracy like India the real executive of the state plays a pivotal role in the state administration. The Cheif Minister as the real executive head in the State is responsible ultimately to the state electorate. The Chief Minister has also the obligation to facilitate the exercise of powers of the Governor by providing necessary information about the affairs of the administration of the State. The Governor has a right to seek any information on administrative and legislative activities of the state Council of Ministers through the Chief Minister.

However, this right does not allow permit the Governor to become a parallel centre in this state. It may be noted that the nature of the power available to the Governor is persuasive and not authoritarian. So he cannot under the grab of this right start over riding or vetoing the decisions or proposals of the state Council of Ministers.

The founding fathers of our Constitution have laid great emphasis on the need for harmonious relations between the Governor and his Council of Ministers headed by the Chief Minister. This was the main idea behind abandoning the proposal for an elected Governor and adopting for his nomination by the President.

The Sarkaria Commission in its report emphasized that for the proper working of the Parliamentary system there needs to be a good personnel rapport between the Governor and the Chief Minister of a State. For fostering good personnel relationship, the Sarkaria Commission suggested that the Union Government has to consult the concerned Chief Minister before appointing the Governor of the State.

Pandit Jawaharlal Nehru during his speeches in the Constituent Assembly stated that the Governor should be acceptable to the Chief Minister. Both the Chief Minister and Governor must work together in mutual co-operation to promote the development of the State and safeguard the interests of the people of the State.

Very Short Answer Questions

Question 1.
Qualifications of Governor. [Mar. 18]
Answer:
Article 157 of our Constitution lays down the following qualifications for the appointment of a person as a Governor.

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

Question 2.
Special responsibilities of the Governor. [Mar. 17]
Answer:
The Governor has certain special responsibilities to discharge according to the directives issued by the President under Articles 371 (Z) 371 (A) (1) b, 371 (C) in case special responsibility through the Governor is to constilt the Council of Ministers the final decision shall be in his individual judgement which no court can question.

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

Question 3.
State Executive. [Mar. 18]
Answer:
Articles 153 to 167 deal with the matters of the state executive. The state executive consists of (a) the Governor (b) the Chief Minister and (c) Members of the State Council of Ministers. In our Parliamentary system Governor is the titular or constitutional head of the state. The Chief Minister is the real executive head of the Government. The Chief Minister and the Ministers being represents the people.

Question 4.
Immunities of the Governor.
Answer:
Our Constitution provides certain legal Immunities to the office of the Governor to enable him to discharge his constitutional functions in a free and fair manner, to ensure the state government works constitutionally. He shall not be held responsible for any act done or purporting to have been done in his official capacity. No criminal proceedings can be initiated against the Governor during his term of office. No proceedings for his arrest or imprisonment can be taken by any court of law.

Question 5.
Any two executive powers of the Governor.
Answer:

  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.

Question 6.
Two discretionary powers of the Governor.
Answer:

  1. Playing a decisive role in appointing the new Chief Minister in a situation when no single party has a clear majority in the State Legislative Assembly.
  2. Dismissing a Ministry when it refuses to resign even after losing majority support in the house.

Question 7.
The Chief Minister. [Mar. 17]
Answer:
The Chief Minister is the centre 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 8.
Cabinet Ministers. [Mar. 16]
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. Some times the Ministers of state and Deputy Ministers may attend the Cabinet meetings, incase 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 9.
Composition of the State Council of Ministers. [Mar. 18]
Answer:
The State Council of Ministers is generally a three-tier body. It consisting of.

  1. Cabinet Ministers
  2. Ministers of state and
  3. Deputy Ministers. There will be some only Parliamentary Secretaries in some states on rare occassions. It constitutes the fourth wing of the hierarchy of the Council of Ministers. .

Question 10.
Deputy Ministers.
Answer:
The Deputy Ministers are attached to the Cabinet Ministers. They performs such functions which are assigned by the Cabinet Ministers. His role is mainly to relieve the burden of the Cabinet Minister. He assists the Cabinet Minister in the .administrative and legislative affairs of the Ministry.

AP Inter 2nd Year Civics Study Material Chapter 6 State Executive

Question 11.
State Ministers.
Answer:
The Ministers of State hold portfolios of less importance compared to the Cabinet Ministers. They may be attached to the individual Cabinet Ministers or might be given independent charges of crucial departments in the major minorities. In such a case they enjoy independence. They are answerably directly to the Chief Minister. They are not subject to the control of Cabinet Ministers.

AP Inter 2nd Year Civics Study Material Chapter 5 Union Judiciary

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 5th Lesson Union Judiciary Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 5th Lesson Union Judiciary

Long Answer Questions

Question 1.
Write an essay on the Supreme Court of India.
Answer:
The Supreme Court of India is the Highest Court of Justice in India.

Part V of the Indian constitution from Articles 124 to 147 deals with the composition, Appointment, Qualifications of Judges, powers and Functions of the Supreme Court.

Article 124 provides for the establishment of the Supreme Court.

The Supreme Court of India was established in New Delhi on January 26, 1950 with the inauguration of our constitution.

Composition :
The Supreme Court Consists of the Chief Justice and 30 other Judges. There may be some Ad-hoc Judges and retired Judges on temporary basis.

1) Seat of the Supreme Court:
The Head quarters of the Superme Court is situated at New Delhi. The Supreme Court ordinarily shall sits at New Delhi.

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

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

3) Qualification :
A judge of the Supreme Court 1) must be a citizen of India. 2) must have worked as a judge of any High Court for atleast 5 years or must have 10 years of experience as an advocate either in the Superme court or any High court or must be a legal expert in the opinion of the President.

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

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

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

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

Powers and Functions of Supreme Court:
1) Original Jurisdiction :
According to the original Jurisdiction, the Supreme Court hears directly any dispute (a) between the Government of India and one or more States, (b) between the Government of India and any State or States on one side and one or more States on the other (c) between two or more States. The Supreme Court also decides all disputes and doubts regarding the election of the President and Vice President. It protects the Fundamental Rights guaranteed to the citizens by issuing several writs.

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

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

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

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

6) Other Powers :
The Supreme Court.

  1. reviews it’s own decisions.
  2. supervises the working of the State High Courts and other Subordinate Courts.
  3. recruits it’s own personnel for its maintenance.
  4. interprets the constitution and acts as it’s guardian.
  5. initiates contempt proceedings against those who criticise or defy it’s judgements etc.

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

AP Inter 2nd Year Civics Study Material Chapter 5 Union Judiciary

Question 2.
Explain the Powers and Functions of the Supreme Court of India.
Answer:
The supreme Court of India is the Highest Court of Justice in India. Article 124 of the Indian constitution provides for the establishment of the Supreme Court.

The Supreme Court of India was established in New Delhi on January 26, 1950. The Supreme Court consists of the Chief Justice and 30 other Judges.

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

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

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

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

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

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

6) Other Powers :
The Supreme Court.

  1. reviews it’s own decisions.
  2. supervises the working of the State High Courts and other Subordinate Courts.
  3. recruits its own personnel for its maintenance.
  4. Interprets the constitution and acts as it’s guardian.
  5. initiates contempt proceedings against those who criticise defy it’s judgements etc.-

7) Review of Judgement :
The Supreme court is empowered to review its own Judgements. It can uphold, modify or nullify its previous judgements. For instance it, while pronouncing its judgement in Golak nathcase vs. Punjab state case in 1967, declared the Parliament has no powers sb amend any of the provisions of fundamental rights of Indian Citizens.

Conclusion :
From the above account it is evident that our Supreme Court enjoys unique position.

Question 3.
Describe Judicial Review.
Answer:
Judicial Review is perhaps the most important power of the Supreme Court. The purpose of Judicial Review is to maintain the supremacy of the Constitution. There is no explicit mention of Judicial Review in the Indian Constitution. The higher courts derive this power from the provisions of Article 13 of the Constitution.

This Article empowers the Supreme Court to validate those laws and executive orders which infringe upon the Fundamental Rights. The makers of our constitution adopted this concept from the American Constitution keeping in view the written nature of the Indian Constitution and federal character of Indian polity.

Judicial Review means the power of the Supreme. Court or High Courts to examine the Constitutional validity of the legislative enactments and executive actions of both Central and State Governments and to declare them ‘null and void’ if found repugnant, of the provisions of the Constitution. As M.V Pylee stated, “Judicial Review is the competence of a court of law to declare the Constitutionality or otherwise of a legislative enactment”.

Article 13 declares all laws that are inconsistent with or direspectful of the fundamental rights, or void to the extent of their inconsistency. Hence, the Supreme Court being responsible for protecting fundamental rights, can declare any legislative act or executive decision that is inconsistent with provisions on fundamental rights as ultra vires or null and void, meaning unconstitutional and inapplicable. Besides, in case of federal relations, the Supreme Court can avail this power if a law is inconsistent with the provisions concerning the distribution of powers between the governments as laid down by the Constitution.

In this context the Supreme Court and High courts reviews legislations on the grounds that (a) they violate fundamental rights or (b) they violate the federal distribution of powers. The Supreme Court’s power of Judicial Review extends to the

  • Laws passed by the union and state legislatures,
  • Executive actions of the union and states,
  • Decisions of the public sector undertakings and
  • Constitutional Amendments. The Supreme Court for the first time utilized this power in 1950 itself by declaring Section 14 of the Preventive Detention Act as unconstitutional.

It may be noted that the Supreme Court of India is prominent in the world by exercising the power to determine the validity of the Constitutional Amendment Acts. However, Judicial Review is inevitable due to the following reasons.

  1. The Supreme Court has to uphold the supremacy of the Constitution.
  2. It has to maintain the federal equilibrium.
  3. It has to protect the fundamentals rights of the citizens.

Apart from the above, the power of Judicial Review is a resultant of the position of the Supreme Court as the; guardian of the Constitution. As such it has the final say in interpretation of the Constitution and by such an interpretation, the Supreme Court has extended its power of Judicial Review to almost all the provisions of the Constitution.

AP Inter 2nd Year Civics Study Material Chapter 5 Union Judiciary

Question 4.
What is Judicial Activism? What are its merits and demerits?
Answer:
Generally, Judicial Activism is construed to be the over willingness of the judiciary to jump into the arena of executive or legislative functions. Judicial Activism, in fact, is not a distinctly separate concept from usual judicial activities. In general parlance, the expression “activism” means “being active”, “doing things with decision” and the expression “activist” should mean “one who favours intensified activities”. In this sense every judge is an activist.

Judicial Activism is a policy making in competition with policy making by legislature and executive. The essence of true Judicial Activism is rendering of decisions which are in tune with the temper and tempo of the times. The nature of Judicial Activisim is that it furthers the cause of social change or articulates concepts like liberty, equality or justice.

Judiciary which is an institution that traditionally confined to responding to cases brought before it, began considering many cases merely on the basis of Newspaper reports and postal complaints received by the court. But most of the cases of Judicial Activism have occurred through Public Interest Litigatiqn in the sphere of Public Health, Child Labour, Environment, Corruption etc. Therefore, the Judicial Activism became the most popular description of the role of Judiciary.
Causes for Judicial Activism :
The following are the causes for the emergence of Judicial Activism in India.

  1. Expansion of the rights of hearing in the administrative process.
  2. Excessive delegation without limitation.
  3. Judicial Review over administration.
  4. Promotion of open government.
  5. Indiscriminate exercise of contempt of power.
  6. Exercise of jurisdiction when non – exist.
  7. Over extending the standard rules of interpretation in its search for socio-economic and educational objectives.
    8) Breakdown of other machinery of the government.

Merits of Judicial Activism :

  1. Judicial Activism has democratized the judicial system by giving, access to the courts not just to individuals but also to groups.
  2. It has enforced executive accountability.
  3. It made an attempt to make the electoral system more free and fair.
  4. It is due to the impact of Judicial Activism during elections the candidates who tender affidavits disclosing their assets, income, educational qualifications, criminal record etc. This enable the people to elect better candidates.

De – Merits:

  1. Judicial Activism has blurred the line of distinction between the executive and legislature on the one hand and the judiciary on the other hand.
  2. Some felt that Judicial Activism led to the worsening of relations and balance among the three organs of government.
  3. Democracy is based on the principle that each organ of government will respect the powers and jurisdiction of others. But Judicial Activism may negate this democratic principle.

Short Answer Questions

Question 1.
Write about the composition of the Supreme Court.
Answer:
The Supreme Court of India is the highest court of Justice in India part V of the India Constitution from Articles 124 to 147 deals with the composition, Appointment, Qualifications of Judges, powers and Functions of the Supreme Court.

The Supreme Court of India was established in New Delhi on January 26, 1950.

Composition :
The Supreme Court consists of the chief Justice of India and such number of other Judges as is provided by the law. The parliament is authorised to determine the number of Judges in the Supreme Court. At present, there are a chief Justice and 30 other Judges in the Supreme Court. There may be some Adhoc Judges and retired Judges on temporary basis in the Supreme Court. All general cases are adjudicated by division Bench comprising two or more judges.

Cases involving the constitutional matters are heard by a constitution bench consisting Five Judges.

For considering special cases larger benches consisting of Five or more than Five Judges are constituted.

Question 3.
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 (a) the Government of India and any of the States in India, (b) The Government of India and any State of States on one side and other States on the other side or (c) 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, convenant, engagement etc., do not come under this Jurisdiction unless referred to by the President for advisory opinion. The Supreme Court can directly hear the disputes concerning the election of the President and the Vice-President.

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

  1. Cases involving interpretation of constitution,
  2. Civil cases and.
  3. Criminal cases.

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

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

iii) In case of the criminal matters the Supreme Court hears appeals from any Judgement, whether they are in the form of final order or sentence of the High Court. It hears two specified cases namely.
a) Where the High Court has on an appeal reversed on order of acquittal of an accused and sentenced him to death and b) Where the High Court has tried the appeals from any of its subordinate courts convicted the accused and sentenced him to death.

Question 3.
What are the powers of Appellate Jurisdiction of the Supreme Court?
Answer:
The Supreme Court is the highest court of appeal in India. Its appellate Jurisdiction may be divided into three heads.

  1. Cases involving interpretation of constitution,
  2. Civil cases and
  3. Criminal cases.

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

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

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

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

The Supreme Court also hears appeals by special leave on any judgement of the High Court when the latter certifies that the case is fit for hearing by the Supreme Court. Besides, the Supreme Court as per Article 136 hears appeals over the cases that remain outside the purview of the ordinary law.

Question 4.
Explain the Advisory Jurisdiction of the Supreme Court.
Answer:
Under Article 143, the Supreme Court has advisory jurisdiction. Accordingly, the supreme Court offers its advice to the President on those matter of. legal or public or constitutional importance, when the President seeks such advice. It also reports its opinion over the disputes referred to it by the President, arising out of any treaty, agreement which was made or executed before the commencement of the Constitution. So far the Supreme Court rendered its advice to the President on eight occasions. The president, in the recent past, sought the advice of the Supreme Court on the ‘Ayodhya Issue’.

These are excluded by Article 131. However, the Supreme Court is not bound to render advice on such matters and the president is not bound to accept such an advice.

One may immediately question about the utility of the advisory powers of the Supreme Court. The utility is twofold. In the first place, it allows the government to seek legal opinion on a matter of importance before taking, action on it. This may prevent unnecessary litigations later. Secondly, in the light of the advice of the Supreme Court, the government can make suitable changes in its action or legislations.

AP Inter 2nd Year Civics Study Material Chapter 5 Union Judiciary

Question 5.
Write about the Writ Jurisdiction.
Answer:
The word ‘writ’ literally means ‘order’ in written form. Article 32 of our Constitution confers authority upon the Supreme Court, to issue a constitutional writ for the enforcement of Fundamental Rights of the citizens. Any person, whose fundamental rights have been violated, can directly move the Supreme Court for remedy. The Supreme Court issues Habeas Corpus, Mandamus, Prohibitions, Quo-Warranto and Certiorari, for enforcing the Fundamental rights.

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

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

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

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

v) Quo Warranto :
It means ‘by what authority’ or ‘warrant’. If the court finds that a person is holding a public office which is not entitled to hold that office, it issues this writ for restricting that person from acting in that office. This writ is also not issued with respect to the private offices.

Besides the above, many other mechanism have been established for protecting of human rights. The National Commission for Women, the National Commission for Scheduled Castes & Scheduled Tribes, the National Human Rights Commission etc are some examples in this regard.

Question 6.
Describe Judicial Activism in India.
Answer:
It is the collective responsibility of the legislative, executive and the judiciary to accomplish the goals of the Constitution. Social Justice is the prime goal of the Constitution. Judiciary plays a vital role in achieving this goal. In order to meet the basic needs of the poor the oppressed and suppressed classes of the society, the Supreme Court entertains and also encourages the Public Interest Litigation (PIL) in its expanded, role of Judicial Activism.

As a result the apex court has evolved, developed new techinique, discovered and applied new remedies for violation of Fundamental Rights, and attempted to fill the vacuum arising out of executive and legislative inaction.

Due to the negligible attitude of the legislature and lack of edicts from the executive, the vulnerable classes of the society are sometimes denied social justice. In such circumstances, Social Action Groups, Civil Liberties Organizations, Voluntary Organizations etc., have come forward to their rescue through Public Interest Litigation.

As Chief Justice A.S. Ananad remarked that “the expanded concept of Public Interest Litigation by judicial interpretation from time to time has expanded the judicial limits of the courts exercising Judicial Review. This expanded role has been given the title of Judicial Activism by those who are critical of this expanded role of the Judiciary”.

Question 7.
What is meant Public Interest Litigation (PIL). [Mar. 17]
Answer:
The institution of Public Interest Litigation originated in USA during the mid 1960s. PIL or Social Action Litigation is an offshoot of liberalized rules of locus – standi. The traditional rule of locus-standi was based on the fact that judicial remedy can be sought only by those who have suffered an injury on account of violation of legal right by some public authority. The PIL choose liberalize this rule by making it clear that any person who suffer an injury but is unable to reach the court can take help of public minded citizens to reach the court to seek justice.

Public Interest Litigation Movement in India emerged during post-emergency years intending to make the judicial system accessible to the socially and economically lower sections of the society. In most of cases, Judicial Activism has occurred through public interest litigation. In public interest litigation any person or group can approach the Supreme Court and High Court for the redressal of grievances on behalf of the victim or victims who were incapable of approaching the court.

Under this new arrangement, a destitute citizen can file a writ petition even through a simple letter written on the post card. This derives authenticity from the “right be heard” as implied by Article 32 of the Constitution. But the court has to ensure that the petitioner who approaches the court with PIL, is acting bona- fide and not for personal gains private profit, political or other oblique considerations. The court should not allow this process to be abused by politicians and others to delay legitimate administrative action or to gain a political objective.

Question 8.
What is the Meaning of Independence of Judiciary? How is it ensured by the constitution?
Answer:
The Judiciary performs its Functions independently. The Legislature or the executive shall not interfere in the working of the Judiciary. The Judiciary carries on its obligations according to the constitutional norms and democratic principles.

The following measures have been taken by the constitution to ensure the independence of Judiciary in India.

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

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

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

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

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

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

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

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

AP Inter 2nd Year Civics Study Material Chapter 5 Union Judiciary

Question 9.
What are the Power and Functions of the Attorney-General of India? [Mar. 18, 16]
Answer:
Article 76 of our Constitution provided for the office of the Attorney General of India. The Attorney General is the highest law officer of the Union Government. He is appointed by the President. He holds the office during the pleasure of the President. He is entitled to all privileges and immunities allowed to a Member of Parliament. When he attends sessions of the House, he occupies a seat on the treasury government benches.

Qualifications :
The Attorney General of India Possess the same qualifications that are necessary for a judge of the Supreme Court. They are as follows.

  1. He must be a citizen of India.
  2. He must have served as a judge in some High Court for a period of at least five years.
  3. He must have served as an advocate in some High Court for a period of at least ten years.
  4. He must be a distinguished jurist in the opinion of the President.

Pay and Allowances :
The Attorney General of India is paid not a salary but a remuneration that is determined by the President. The remuneration of Attorney General is equal to salary of a judge of the Supreme Court.

Removal:
He may quit his office by submitting his resignation to the President. He can be removed by the President in case a special address is passed charging him with ‘proved misbehavior’ or ‘incapacity’ by each House of Parliament with its absolute majority and with two-thirds majority of the members present and voting.

Powers and functions :
The Constitution assigned some specific powers and functions to the Attorney General of India. They are mentioned as follows :

  1. The Attorney General of India render advice to the Union Government upon such legal matters which are referred to him by the President.
  2. He performs such other functions of legal character that are assigned to him by the President from time to time.
  3. He discharges the Functions conferred on him by the constitution or any other Laws.
  4. He appears in any court of Law on behalf of the union government in all. cases.
  5. He represents the government in any reference made by the president to the Supreme Court.
  6. He appears in any High, Court on behalf of the union government.

Very Short Answer Questions

Question 1.
Qualifications of Judges of Supreme Court.
Answer:
A person to be appointed as a judge of the supreme court shall possess the following qualifications :

  1. He should be a citizen of India.
  2. He should have continuously worked as a judge in one or more High Courts at least for a period of 5 years.
  3. He should have continuously worked as an advocate of one or more High Courts for not less than 10 years or
  4. He should be a distinguished jurist in the opinion of the president of India.

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

Question 3.
Judicial Review. [Mar. 16]
Answer:
Judicial Review means the power of the Supreme Court or High Court to Examine the constitutional validity of the legislative enactments and executive actions of both central and state governments and to declare them ‘null and void’ if found repugnant of the provisions of the constitution.

Question 4.
Court of Record.
Answer:
According to Article 141, Supreme Court acts as court of Record. Being the highest court of the land, its proceedings acts and judgements are kept in record for perpetual memory and further verification and reference.

Question 5.
Judicial Activism.
Answer:
Generally, Judicial Activism is construed to be the over willingness of the judiciary to jump into the arena of executive or legislative functions. In general parlance, the expression “activism” means “being active”, “doing things with decision” and the expression “activist” should mean “one who favours intensified activities”. Judicial Activism is a policy making in competition with policy making by legislature and executive.

The essence of true Judicial Activism is rendering of decisions which are in tune with the temper and tempo of the times. The nature of Judicial Activism is that it furthers the cause of social change or articulates concepts like liberty equality or justice.

Question 6.
PIL.
Answer:
In Public Interest Litigation any person or group can approach the Supreme Court and High Court for the redressal of grievances on behalf of the victim or victims who were incapable of approaching the court. Under this new arrangements a destitute citizen can file a writ petition even through a simple letter written on the post card.

Question 7.
Independence of Judiciary.
Answer:
The Judiciary perform its functions independently. The legislature or the executive shall not interfere in the working of the judiciary. The Judiciary carries on its obligations accordingly to the constitutional norms and democratic principles.

Question 8.
Habeas corpus.
Answer:
Literally means ’to have the body of. It is issued by the court to affect the release of a person who has not been detained legally. Under this writ the court issues orders to the concerned authority to produce the person before the court. The failure to abide by the writ order is. met with punishment for contempt of court.

Question 9.
Seat of the Supreme Court. [Mar. 18, 17]
Answer:
The Supreme Court ordinarily shall sit at New Delhi. The Supreme Court of India was inaugurated on January 28, 1950. All general cases are adjudicated by a division Bench comprising two or more judges. Cases involving the constitutional matters are heard by a constitution bench consisting five judges. For considering special causes larger benches consisting of five or more than five judges are constituted.

AP Inter 2nd Year Civics Study Material Chapter 5 Union Judiciary

Question 10.
Writs.
Answer:
The word ‘writ’ literally means ‘order’ in written form. Article 32 of our constitution, confers authority upon the supreme court, to issue a constitutional writ for the enforcement of fundamental rights of the citizens. Any person whose fundamental rights have been violated, can directly move the supreme court for remedy. The Supreme Court issues harbeas corpus mapdomus prohibition quo-warranto and certiorari for enforcing the fundamental rights.

AP Inter 2nd Year Civics Study Material Chapter 4 Union Legislature

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 4th Lesson Union Legislature Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 4th Lesson Union Legislature

Long Answer Questions

Question 1.
Describe powers and functions of the speaker. [Mar. 18]
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, proceeded 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.

AP Inter 2nd Year Civics Study Material Chapter 4 Union Legislature

Question 2.
Explain the powers and functions of the Union Legislature. [Mar. 16]
(Or)
Write about the composition powers and functions of the Indian Parliament.
Answer:
Introduction :
The Union Legislature (Parliament) is the highest legislative organ of the Union government. Articles 79 to 129 in part V of Indian Constitution deals with the composition, organization, powers, and functions of the Indian Union Legislature.

Composition :
Indian Parliament consists of the

  1. President
  2. Rajya Sabha (Council of states)
  3. Lok Sabha (House of people)

The upper house Rajya Sabha represents the states and union territories.

The lower house Lok Sabha represents the people.

The President of India has the power to summon or prorogue the two houses of Parliament though he is not a member of either house.

He can dissolve the Lok Sabha on the advice of the Union Council of Ministers headed by the Prime Minister.

Powers and functions of the Union Legislature (or) Indian Parliament :
The Parliament enjoys extensive powers and performs variety of functions. These powers and functions are under the following points.

1) Legislative Powers and Functions:
The main function of the Indian Parliament is law making. It makes laws on all the subjects mentioned in the Union List and Concurrent List. Under certain circumstances it also makes laws on the subjects mentioned in the State List. Further, it also makes laws on the matters that are not included in any of the three Lists i.e., on residuary matters.

2) Executive Powers and Functions :
Another important function of the Indian Parliament is controlling the Executive (Union Council of Ministers). Parliament controls the Executive through various ways, such as by asking questions, supplementary questions, and by introducing adjournment motions and no confidence resolutions against the Ministry. Hence the survival of the Government depends upon the will of the members in the Lower House. The executive remains in office so long as it enjoys the confidence of the Lok Sabha.

3) Financial Powers and Functions :
The Parliament controls the financial resources of the nation. It accepts the budget and other money bills required by the government. Its permission is needed for the government for imposing and collecting tax and for revising the existing tax rates. In this regard the Lok Sabha has more financial powers than the Rajya Sabha. All money, bills shall at first be introduced in the Lok Sabha. The Rajya Sabha has to accept all money bills sent by the Lok Sabha within 14 days. It approves the railway budget, appropriation bill, and other money bills.

4) Judicial Powers and Functions :
The Parliament has certain judicial powers and functions. It has the power to remove the President and Vice President. The procedure is called impeachment. It has also the power to recommend to the President the removal of the higher officials of the country such as the Chief justice and Judges of Supreme Court, High Court and the Chairman, and other members of U.P.S.C., Chief Election Commissioner etc., for violation of certain principles.

5) Constitutional Powers and Functions:
The Parliament takes initiative for changing the provisions of the Constitution according to the changing times. Bills relating to the Constitution amendments may be introduced in either House. The State legislatures also join with the Parliament in accepting certain important Constitutional amendment bills. There are three methods of amending the Constitution.

6) Electoral Powers:
The Parliament also serves as an electoral college. It participates in the election of the President and Vice President. The Speaker and Deputy Speaker who act as the presiding officers are elected by the members of Lok Sabha. The Deputy Chairman is elected by the members of the Rajya Sabha.

7) Deliberative Powers and Functions :
The Parliament acts as the highest forum and direct agency of public opinion. Its members discuss various issues of national and international significance. They demand the government to solve the people’s problems.

8) Miscellaneous Powers :
In addition to the above, the Indian Parliament has also the power to a) create or abolish Legislative Councils b) change the names and boundaries of the States, etc.

Conclusion:
A look at the powers and functions of the Indian Parliament it is the centre of legislative activity and political activity of our country.

Question 3.
Examine the role of financial committees in Parliament.
Answer:
The Financial committees of Parliament endeavour of undertake the task of detailed scrutiny of governmental spending and performance, there by securing the accountability of the administration to the Parliament in financial matters.
There are three financial committees in Indian Parliament. They are :

  1. Public Accounts committee
  2. Estimates committee and
  3. Committee on public undertakings

1) Public Accounts Committee :
Public Accounts Committee was set up on 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. The speaker nominates one of the members as the chairman of the committee. It became a convention to appoint one of the members of the opposition in the Lok Sabha as its chairman since 1967-68. The Committee performs the following functions :

  1. The Committee examines the annual audit reports of the Comptroller and Auditor General (CAG) of India.
  2. It examines Public Expenditure not only from legal and formal point of view to discover technical irregularities but also from the point of view of economy 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.

The Comptroller and Auditor General renders assistance to this committee. The members of this committee carry out a country-wide tour and meet the concerned officers non-officials, people and receive petitions from them and it submits a final report to the Speaker of the Lok Sabha.

2) Estimates Committee :
The origin of this committee can be traced to the Standing Financial Committee setup in 1921. The Estimates Committee was at first constituted in April 1950 in free India. It consists of 30 members of the Lok Sabha. The Rajya Sabha has no representation in this Committee. These members are elected by the Lok Sabha every year from among its own members according to the principle of proportional representation by means of single transferrable vote. The members hold their office for a year.

The Speaker ha appoints the Chairman of the Committee. If the Duty Speaker is a member ttee, the Speaker appoints him as the Chairman of the Committee. One third of the total members belong to newly elected members. The Chairman of the Committee will be appointed invariably from the ruling party. Mr. M. Ananthasayanam Ayyangar acted the first chairman of this committee in the first Lok Sabha.

The members of this-committee may visit different projects and hold discussions with the officers, non-officials, business groups and receive suggestions from them. The committee functions on permanent basis.

The committee performs the following four important functions :

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

3) Committee on Public Undertakings :
The Committee on Public Undertakings was created in 1964 on the recommendations of Krishan Menon Committee. It consists of 22 members out of which 15 are from Lok Sabha and 7 from Rajya Sabha. The members of the committee are elected by the Parlianient every year from amongst its own members according to the principle of proportional representation by means of single transferable vote.

The purpose of the committee is to lighten the burden of Public Accounts Committee. The Chairman of the committee is appointed by the speaker from amongst its members who are drawn from the Lok Sabha only. The members of Rajya Sabha are not be appointed as a Chairman of the committee. The functions of the committee are :

  1. To examine the reports and accounts of Public Undertakings.
  2. To examine the reports of the Comptroller and Audit of General on undertakings.
  3. To examine whether the affairs of the public undertakings are being managed in accordance with sound business principles and practices.
  4. To exercise such other functions vested in the Public Accounts Committee and the Estimates Committee.

Short Answer Questions

Question 1.
Write about the composition of the Lok Sabha.
Answer:
The Lok Sabha or the House of the people is the lower house in Indian Parliament. Maximum strength of the Lok Sabha envisaged by the constitution is now 552 (530 members to represent states, 20 to represent union territories and 2 members of Anglo-Indian community, to be nominated by the President).

At present there are 545 members in the Lok Sabha out of them,

  • 530 members are elected from the states.
  • 13 members are elected from the union territories and the remaining.
  • 02 members are nominated by the President from the Anglo Indian community.

Out of 543 elected seats, 79 seats are reserved for the scheduled castes and 41 for the scheduled tribes.

The election is through direct franchise.
The tenure of the Lok Sabha is normally 5 years.

A person who wishes to contest as a candidate for the membership of the Lok Sabha must
A) Be an Indian citizen.
B) Have completed 25 years of age.
C) Not hold any office of profit in union, state or local governments.
D) Possess such other qualifications as prescribed by the Parliament.

AP Inter 2nd Year Civics Study Material Chapter 4 Union Legislature

Question 2.
Explain the election of the speaker of the Lok Sabha.
Answer:
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.

When no single party secures majority or when a coalition Ministry is formed, the coalition Ministry is formed, the coalition partners will make efforts for deciding the candidature for the office of the speaker. Sometimes coalition partners may hand over that office to a candidate selected by the parties that declare support from outside. A person elected as the speaker must be a member of the Lok Sabha.

Question 3.
What do you know about the composition and qualifications of members . of the Rajya Sabha?
Answer:
The Rajya Sabfya is the upper chamber in Indian Parliament. Article 80 stipulates that the Rajya Sabha shall consist of
A) 12 members nominated by the President and
B) Not more than 238 representatives of the states and of the union territories.

Thus its maximum membership shall be 250 only.
At present there are 245 members in the Rajya Sabha of them

  • 229 members belong to the elected from the 29 states.
  • 3 members belong to the National capital territory of Delhi.
  • 1 member represents the union territory of Pondicherry and the remaining.
  • 12 members nominated by the President having practical experience in respect of matters such as literature, science, arts and social service.

The members are elected in accordance with the proportional representation by means of single transferable vote system.

Qualifications :

  1. He shall be a citizen of India.
  2. He shall have completed 30 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.

The Raja Sabha is a permanent house of which l/3rd of its total members shall retire for every two years.

Question 4.
Write a note on the chairman and Deputy chairman of the Rajya Sabha.
Answer:
Chairman of Rajya Sabha:
The Presiding Officer of Rajya Sabha is popularly known as the Chairman. The Vice President of India acts as the Ex-Chairman of the Rajya Sabha. He is not a member of the House. The members of Parliament elected him for every five years as the Vice-President of India. It implies that both the members of the Lok Sabha and the Rajya Sabha cast their vote in the Vice-Presidential election.

At present he is paid ₹ 1,40,000/- towards monthly salary and allowances. His salaries and allowances are charged on the Consolidated Fund of India. The Chairman of Rajya Sabha vacates his office only if he is removed from the office of the Vice President.

Deputy Chairman:
The Deputy Chairman of Rajya Sabha is elected by the members of the Rajya Sabha amongst the members. The Deputy Chairman receives a monthly salary of ₹ 90,000/-. In the absence of the Chairman, the Deputy Chairman acts as Chairman and presides over the meetings of the Rajya Sabha. Whenver the office of the Deputy Chairman falls vacant, the members of Rajya Sabha will elect another member to fill the vacancy.

Question 5.
Mention any three powers and functions of Indian Parliament.
Answer:
The Indian Parliament, the law body in our country, has extensive powers and performs a variety of functions. There are as follows : ‘

1) Legislative Powers :
The main function of the Indian Parliament is law making. It makes laws on all the subjects mentioned in the Union List and Concurrent List. Under certain circumstances it also makes laws on the subjects mentioned in the State List. Further, it also makes laws on the matters that are not included in any of the three Lists i.e., on residuary matters.

2) Executive Powers :
Another important function of the Indian Parliament is controlling the Executive (Union Council of Ministers) . The members exercise control over the Executive by asking questions, supplementary questions, and by introducing adjournment motions and no-confidence resolutions against the ministry. The ministers are collectively responsible for their actions, to the Lower House of the Parliament i.e., Lok Sabha. They will be in office as long as they enjoy the confidence of the majority of members in the Lok Sabha.

3) Financial Powers :
The Parliament controls the financial resources of the nation. It accepts the budget and other money bills required by the government. It’s permission is needed for imposing and collecting taxes and for revising the existing tax rates. In this regard the Lok Sabha has more financial powers than Rajya Sabha.

Question 6.
Write a note on the types of bills.
Answer:
A Bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature. Once a bill has been enacted into law, it is called on Act or statute.

Bills introduced in the Parliament are of two typek 1) Public bill (Government bill) and 2) Private bills (Private member’s bills) the public bills are introduced by the Ministers in the Parliament whereas private bills are introduced by any member of Parliament other than a Minister. The bills introduced in the Parliament may also be classified into four categories.

1) Ordinary bill:
Ordinary bills are concerned with any matter other than financial subjects.

2) Money bill:
Money bills are concerned with the financial matters like taxation, public expenditure etc.

3) Finance bill:
The financial bills are also concerned with financial matters but are different from money bills. These bills deal with fiscal matters i.e., revenue of, expenditure.

4) Constitutional Amendment Bill: Constitutional Amendment bills are concerned with the provisions of the constitution.

AP Inter 2nd Year Civics Study Material Chapter 4 Union Legislature

Question 7.
Explain briefly about the stages of law-making procedure in Indian Parliament.
Answer:
Law making is an important function of Indian Parliament. The Parliament has the power to pass all acts. A bill becomes an act after it receives the assent of the President. Every bill has to pass through different stages as described below.

1) First Reading:
A bill may be introduced by any member of Parliament. One has to ask for the leave of the House to introduce a bill. The title of the bill is to be read out. If the bill is voted for it is deemed to have been read first time and is published in the Gazette of India.

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

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

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

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

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

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

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

Question 8.
What do you know about Public Accounts Committee.
Answer:
Public Account’s Committee was set up in 1921. It consists of 22 members. Out of them 15 members belong to the Lok Sabha and 7 members to the Rajya Sabha. Their term of office is one year. They are elected by means of proportional representation and single transferable vote. It became a convention to appoint one of the members of the Opposition in the Lok Sabha as its chairman since 1967-68. The Committee performs the following functions :

  1. The Committee examines the annual audit reports of the Comptroller and Auditor General (CAG) of India.
  2. It examines Public Expenditure not only from legal and formal point of view to discover technical irregularities but also from the point of view of economy 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 9.
Describe the composition and functions of Estimates Committee.
Answer:
The Estimates Committee was setup in 1950. It consists of 30 members of the Lok Sabha. The members hold their office for a year. The Speaker of the Lok Sabha appoints the Chairman of the Committee. If the Duty Speaker is a member of this Committee, the

Speaker appoints him as the Chairman of the Committee. The members of this committee may visit different projects and hold discussions with the officers, non-officials, business groups and receive suggestions from them. The committee functions on permanent basis.

The committee performs the following four important functions :

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

Very Short Answer Questions

Question 1.
Composition of Indian Parliament.
Answer:
Indian Parliament consists of the i) President ii) Rajya Sabha (Council of states ) iii) Lok Sabha (House of people)
The upper house, Rajya Sabha represents the states and union territories.

The lower house, Lok Sabha represents the people.

The President of India has the power to summon or prorogue the two houses of Parliament though he is not a member of either house.

He can dissolve the Lok Sabha on the advice of the Union Council of Ministers headed by the Prime Minister :

Question 2.
Qualifications of Rajya Sabha member.
Answer:

  1. He shall be a citizen of India.
  2. He shall have completed 30 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 3.
Quorum of Lok Sabha. [Mar. 18, 16]
Answer:
Quorum implies minimum attendance of members required for conducting the meetings of the Lok Sabha. Quorum is fixed at l/10th of the total membership. The speaker determines whether there is Quorum on a particular day for conducting the meetings.

Whenever there is no Quorum, he postpones the meetings for an hour or two or for the next day. There are several instances where in the meetings of the Lok Sabha were deffered due to lack of Quorum.

AP Inter 2nd Year Civics Study Material Chapter 4 Union Legislature

Question 4.
The Speaker of Lok Sabha.
Answer:
The office of the Speaker has great dignity, honour and authority. As the speaker acts as the chairman of the Lok Sabha and as the member of the Lok Sabha represents the people directly. He represents the whole Nation. He acts as the friend, philosopher and guide to the members.

Question 5.
Deputy Speaker of Lok Sabha.
Answer:
There will be a Deputy Speaker for conducting the proceedings of the Lok Sabha in the absence of the Speaker. The Deputy Speaker is elected by the members of the Lok Sabha from among themselves. The Deputy Speaker while acting as the presiding officer, enjoys all the powers and priveleges of the Speaker.

Question 6.
Committee on Public Undertakings. [Mar. 17]
Answer:
The Committee on Public Undertakings was created in 1964. It consists of 22 members out of which 15 are from Lok Sabha and 7 from Rajya Sabha. It examines whether the autonomy and efficiency of public sector undertakings are being managed in accordance with Sound business principles and prudent commercial practices.

Question 7.
Panel of Speakers.
Answer:
The Speaker nominates some of the members of the Lok Sabha as panel speakers. Maximum strength of panel chairpersons will be 10. If both the Speaker and Deputy Speaker are absent at particular time, one of the members from the panel of chairpersons will act as the Speaker. ,

Question 8.
Pro-tem Speaker.
Answer:
The President appoints the pro-tem Speaker for presiding over the meeting of the] first session of the Parliament after general elections. The pro-tem Speaker administers the oath of office on the elected members. Election to the office of the Speaker is held later. Pro-tem Speaker post is dissolved soon after the election of the new Speaker.

Question 9.
Question Hour. [Mar. 18, 16]
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 10.
Adjournment Motion.
Answer:
Adjournment Motion is tabled in the Parliament to draw attention of the house to a definite matter of urgent public importance and needs the support of 50 members to be admitted. If any member wants to introduce adjournment motion he should give in writing to the speaker, the Minister concerned and the Secretary General of Parliament before 10 A.M. on that day.

Question 11.
Whip [Mar. 17]
Answer:
Every political party whether ruling or opposition has its own whip in the Parliament. He is appointed by the concerned party to serve as an assistant floor leader. He is charged with the responsibility of ensuring the attendance of his party members in large numbers. He regulates and monitors their behaviour in the Parliament. The members are supposed to follow the directives given by whip, otherwise, disciplinary action can be taken against those members.

AP Inter 2nd Year Civics Study Material Chapter 4 Union Legislature

Question 12.
No Confidence Motion.
Answer:
According to Article 75 of the constitution, No Confidence Motion can be tabled in the Parliament when the Cabinet behaves in an irresponsible manner and if the ruling party does not enjoy majority. No confidence motion is introduced by the opposition parties through written notice supported by atleast 50 members and there will be a discussion on the motion. After the discussion there will be a voting. If the No-Confidence Motion is passed or approved In the house the cabinet has to resign.

AP Inter 2nd Year Civics Study Material Chapter 3 Union Executive

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 3rd Lesson Union Executive Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 3rd Lesson Union Executive

Long Answer Questions

Question 1.
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 Unit Territories. He allocates portfolios to the Ministers.

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

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

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

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

4. Judicial Powers :

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

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

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

7. Emergency Powers :
In extraordinary conditions, the President can proelaim 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)
  • Emergency due to threat to the financial stability of India (Article 360).

AP Inter 2nd Year Civics Study Material Chapter 3 Union Executive

Question 2.
Write briefly the Emergency powers of the President of India. [Mar. 16]
Answer:
Articles 352 to 360 of part XVIII of Indian constitution deals with three types of emergency powers of the Indian President. They are :

  1. National Emergency,
  2. Constitutional Emergency,
  3. Financial Emergency

They may be explained as follows.
1) National Emergency : (Article 352)
The President exercises this power during the period of war, external aggression or armed rebellion. He declares emergency if he is satisfied that the sovereignty and security of India or any part thereof is threatened by external aggression.

When National Emergency is in force, the federal provisions of our constitution ceases to operate. So far, National Emergency was proclaimed on four occasions in our country. They are : 1. Chinese Aggression (1962), 2. Indo – Pak war (1965), 3. Indo – Pak war in the context of Bangladesh Liberation Movement (1971), 4. Opposition’s call for blocking Parliament (1975).

2) Constitutional Emergency : (Article 356)
Article 356 of Indian constitution empowers the President to proclaim the constitutional emergency. If the President, on receipt of a report from the Governor or other wise; is satisfied that a situation has arisen in which the government of a state cannot be carried on according to the constitutional provisions. He is empowered to proclaim this emergency. It is also called as the President’s Rule. So far this type of emergency was proclaimed for over 100 times.

3) Financial Emergency : (Article 360)
If the President is satisfied that a situation has arisen where by the financial stability or credit of India is threatended, then he may proclaim financial emergency in the country. During the period of financial emergency, the President enjoys the following powers.

  • The President may reserve all the money bills or other financial bills of the state after they are approved by the state legislature.
  • He may reduce the salaries and allowances of all or any person serving in the states.
  • The President can reduce the salaries allowances of the persons working at the union level including the judges of the Supreme Court and the State High Courts. But so far the financial emergency has not been yet imposed in the country.

Question 3.
Discuss the powers and functions of the Prime Minister of India. [Mar. 18, 16]
Answer:
The Prime Minister is the real executive head of the Union Government. He occupies an important position in the administration of our country. Since India has a Parliamentary form of Government the real power rests with him. He is the ‘uncrowned king’ and “the keystone of the Cabinet arch in the Union Government”.

Qualifications :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Question 4.
Explain the composition, powers and functions of the Union Council of Ministers. .
Answer:
Article 74 (1) of the Constitution provides for a Council of Ministers at the Centre. It’s main function is to aid and advice the President in the performance of his duties. It consists of Prime Minister and other Ministers. It is this body which runs the entire administration of our country. It is thefreal Executive authority of the country. It functions on the ‘Principle of Collective Responsibility1. It holds office till it continues to enjoy the confidence and support of the Lok Sabha.

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

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

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

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

The Ministers of State act as the heads of some important sections in the ministry. They are directly responsible to the Prime Minister for their activities.

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

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

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

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

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

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

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

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

Short Answer Questions

Question 1.
How is the President of India elected?
Answer:
The President of India shall be elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament. State Legislative Assemblies and elected members of Delhi and Pondicheri. The election is held in accordance with the system of proportional representation by means of a single transferable vote system and secret ballot.

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

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

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

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

AP Inter 2nd Year Civics Study Material Chapter 3 Union Executive

Question 2.
Write briefly about the procedure of impeachment of President
Answer:
The President may be removed from the office for violation of the constitution by a process of impeachment. Impeachment is a quasi-judicial procedure adopted by the Parliament. Either House of Parliament shall prefer the charge for removal of the President. The other House shall investigate into the charges itself or cause the charge to be investigated.

There are four stages in the impeachment of the President.

Firstly the impeachment resolution has to be moved with a 14 days prior notice in writing signed by not less than 1/4th of the total members of that House. Such a resolution has to be passed by a majority of not less than 2/3rds of the total members of the House.

Secondly, the resolution approved by the first House will be sent to the second House for consideration and approval.

Thirdly, the second House investigates into the charges directly or constitutes a committee to enquire into the charges. The President has the right to present his views directly or through a deputy during such enquiry.

Fourthly, if the charges against the President are established and adopted by the second House with 2/3rds majority of the total members, the President stands removed from the office. With regard to voting on the resolution for impeachment, only the elected members cast their vote. No president has so far been impeached in our country till today.

Question 3.
Mention any two Emergency powers of the Indian President.
Answer:
1) National Emergency : (Article 352)
The President exercises this power during the period of war, External aggression or armed rebellion. He declares emergency if he is satisfied that the sovereignty and security of India or any part thereof is threatened by external aggression.

When National Emergency is in force, the federal provisions of our constitution ceases to operate. So far, National Emergency was proclaimed on four occasions in our country. They are :

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

2) Constitutional Emergency : (Article 356)
Article 356 of Indian constitution Empowers the President to proclaim the constitutional emergency. If the President, on receipt of a report from the Governor or other wise, is satisfied that a situation has arisen in which the government of a state cannot be carried on according to the constitutional provisions. He is empowered to proclaim this emergency, It is also called as the President’s rule. So far this type of emergency was proclaimed for over 100 times.

Question 4.
Explain the role and position of the President in Union Government.
Answer:
The President of India is the head of the union executive. He is the first citizen of India. He could exercise many powers as enstined in the constitution in the following manner.

Position of the President:
There are different opinions on the actual position of the president of India in the administration of our country. The farmers of the constitution wanted him to be a nominal Head of the state.

Dr. Ambedkar compared his position to that of the British King Sri. M. C. Setalved, the farmer Attorney General of India mentioned that the position of the President of India is like the king in England and the Governor General in a Dominion. Sri Alladi Krishna Swamya Ayyar also said that it was perfectly clear that our presidents position was similar to that of the constitutional Monarch in England.

Jawaharlal Nehru, the first Prime Minister of India, said that “We have not given our President any real power but we have made his position one of great authority and dignity.” These opinions make it clear that our President is only a nominal figure head and he does not have any real powers. This is confirmed by the 42nd Amendment of the constitution of India.

However, the President exercises independent powers under some conditions. He utilises these powers in regard to the appointment of the Prime Minister, dissolving the Lok Sabha and ordering midterm poll to the Lok Sabha. Some presidents like Sanjiva Reddy, Zail Singh, R.Venkata Raman, Dr. S.D. Sharma etc., utilised their discretionary powers where there was political instability or Hung Parliament after the general elections in the country. Like the Monarch of England, he still enjoys three rights the right to be ! consulted the right to encourage and the right to warn.

Question 5.
Write about any two powers of the Vice – President of India.
Answer:
The Vice President of India occupies the second highest position in the union government. He is accorded a rank next to the President.

Qualifications :
A person to be eligible as vice-president should possess the following qualifications.

  1. He should be a citizen of India.
  2. He should have completed 35 years of age.
  3. He should be qualified for election as a member of the eousil of states.
  4. He should not hold any office of profit under the union, state or local Governments in India.

Election :
The election of the vice – president like that of the President shall be indirect and in accordance with the system of proportional representation by means of the single transferable vote system. He is elected by the members of an electoral college consisting of the members of both the houses of Parliament.

Term of Office :
The Vice-President holds office for a term of 5 years from the date on which he enters his office.

Removal:
The Vice President may be removed from his office by a resolution of the council of states passed by a majority of all the members of the council and agreed to by the house of the people.

Salary and Allowances :
The Vice President of India receives a monthly salary of ₹ 1,25,000/-in addition, he is entitled to daily allowance, free furnished residence, medical, travel and other facilities.

Powers and Functions :
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) admitting visitors, (5) protecting the privileges and rights of the members. He has no right with regard to money bills.

Acting as President of India :
He discharges the functions of the President during the temporary absertce of the President. He may take over the office of the President under 4 situations like (1) Death of the President, (2) Resignation of the President, (3) Removal of the President, (4) Inability of the President due to absence, illness or any other cause.

Question 6.
How is the Prime Minister appointed?
Answer:
Article 75 (1) of the Indian constitution deals with the appointment of the Prime Minister of India.

Appointment:
The constitution simply lays down that the Prime Minister shall be appointed by the President. After the conduct of General Elections to the Lok Sabha, the President has to invite the majority party leader of the Ldk Sabha to form the Government.

When no single party is able to secure majority seats in Lok Sabha, the President invites the leader of a coalition to form the Government. The president uses his discretionary powers in this regard. The President appoints the leader of the coalition as the Prime Minister on the condition that he has to prove his majority in the Lok Sabha within a specified period. Being the leader of the majority in Lok Sabha to be the Prime Minister, the person has to be a member of Parliament. If he is not a member at the time of appointment, he has to acquire it within six months from the date of his appointment as Prime Minister.

The powers of the President in choosing, inviting and appointing the Prime Minister cannot be questioned in any court of Law.

AP Inter 2nd Year Civics Study Material Chapter 3 Union Executive

Question 7.
Explain the role of the Prime Minister in Union Government.
Answer:
The prime Minister plays a predominant role in the affairs of the union government. He will have an indelible impression on every one in the administration of the union government. He is described as the Primus Interparus (first among equals). His role as the leader of the Union Council of Ministers, Union Cabinet, Party in power, Lok Sabha, Nation and as the link between the President and the Union Council of Ministers is unique. He wields tremendous political power and patronage. He enjoys enormous powers and fulfils innumerable tasks. It all depends on the image, influence, stature, and personality of the Prime Minister in the union government.

Jawaharlal Nehru, Dr. Ambedkar, and other eminent leaders of the National Movement and members of the Constituent Assembly described the Prime Minister as the linchpin of the union government. It is in this context that Sir william Harcourt remarked that every one expects from the Prime Minister dignity and authority, firmness to control, tact, practice and firmness, an impartial mind, a tolerant temper, a kind and prudent counsellorship, and accessibility to the people.

Question 8.
Describe the composition and powers of the Union Council of Ministers.
Answer:
Composition of Council of Ministers :
Our Constitution did not mention the exact size of the Union Council of Ministers. But there are three kinds of Ministers: 1) Cabinet Ministers 2) Ministers of State 3) Deputy Ministers.

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

The Ministers of State act as the heads of some important sections in the ministry. They are directly responsible to the Prime Minister for their activities.

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

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

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

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

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

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

Very Short answers

Question 1.
Composition of the Union Executive.
Answer:
The constitution of India provides for the Union Executive. Articles 52 to 78 in part V of the constitution deal with the union executive. The Union Executive consists.
i) The President
ii) The Vice-President
iii) The Prime Minister and
iv) The Union Council of Ministers

Question 2.
Qualifications required for contesting the Presidential elections.
Answer:
A person to be eligible to contest the office of the president shall possess the following qualifications.

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

Question 3.
Election of President.
Answer:
The President of India shall be elected indirectly by an electoral college consisting of the elected members of both houses of Parliament, State Legislative Assemblies and elected members of Delhi and Pondicheri. The election is held in accordance with the system of proportional representation by means of a single transferable vote system and secret ballot.

Question 4.
Important appointments of President.
Answer:
The president has the power to appoint the following high dignitaries :

  • The Prime Minister of India.
  • Members of the union council of Ministers.
  • The Affomey General of India.
  • The Comptroller and Auditor general of India.
  • The judges of the Supreme Court and the High Court.
  • State Governors etc.

Question 5.
Judicial Powers of the President.
Answer:

  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.

Question 6.
Article 352. [Mar. 18, 16]
Answer:
Article 352 of the Indian constitution empowers the President to impose National Emergency during the period of war, External Aggression, Armed Rebellion or internal disturbance. So far National Emergency was proclaimed on Four occasions. They are :

  1. Chinese Aggression (1962)
  2. Indo – Pak War (1965)
  3. Indo – Pak war in the context of Bangladesh Liberation movement (1971) and
  4. Opposition’s call for blocking Parliament (1975).

Question 7.
Article 356.
Answer:
Article 356 of Indian Constitution empowers the President to proclaim the constitutional emergency. If the President on receipt of a report from the governor or otherwise is satisfied that a situation has arisen in which the government of a state cannot be carried on according to the constitutional provisions. He is empowered to proclaim this emergency. It is also called as the President’s Rule.

Question 8.
Financial Emergency.
Answer:
If the President is satisfied that a situation has arisen where by the financial stability or credit of India is threatened then he may proclaim financial emergency in the country as per Article 360 of the Indian Constitution.

Question 9.
National Emergency.
Answer:
Article 352 of the Indian constitution empowers the president to impose National Erpergency during the period of war, External Aggression, Armed Rebellion or Internal disturbances. When National Emergency is in force, the Federal provisions of our constitution cease to operate. So far, National Emergency was imposed four times in 1962, 1965, 1971 and 1975.

Question 10.
Qualifications required for contesting as Vice-President. [Mar. 16]
Answer:
A person to be eligible for election as Vice-president should possess the following qualifications : ,

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

Question 11.
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 12.
Appointment of Prime Minister.
Answer:
After the conduct of General elections of the Lok Sabha, the President has to invite the majority party leader of the Lok Sabha to form the Government. When no single party is able to secure majority seats in Lok Sabha, the President invites the Leader of a coalition to form the Government. The president uses his discretionary powers in this regard.

Question 13.
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 14.
Any two functions of the Union Cabinet.
Answer:

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

AP Inter 2nd Year Civics Study Material Chapter 3 Union Executive

Question 15.
Collective Responsibility. [Mar. 18]
Answer:
Article 75 (3) of Indian constitution stated that the union council of Ministers shall be collectively responsible to the Lok Sabha, for all their acts of omissions and commissions. They act as a team tinder the leadership of the Prime Minister. They sail together, they swim together and they sink together.

AP Inter 2nd Year Civics Study Material Chapter 2 Fundamental Rights and Directive Principles of State Policy

Andhra Pradesh BIEAP AP Inter 2nd Year Civics Study Material 2nd Lesson Fundamental Rights and Directive Principles of State Policy Textbook Questions and Answers.

AP Inter 2nd Year Civics Study Material 2nd Lesson Fundamental Rights and Directive Principles of State Policy

Long Answer Questions

Question 1.
Explain the characteristic Features of Fundamental Rights.
Answer:
Fundamental Rights :
Fundamental Rights are an important feature of Indian constitution. They are meant for Indian citizens realising the ideal of political democracy. These rights are assigned to the Indian citizens. They enable the citizens to realize their personality. Fundamental Rights will act as a means for leading a happy and honourable life by citizens their render strength and succor to the citizens. They serve as the main source for realising the ideals of political democracy in India.

The makers of Indian constitution have incorporated Fundamental Rights in Articles 12-35 in part III of the constitution.

Characteristics features of Fundamental Rights :
Fundamental Rights have the following characteristic features.

1) Some of the fundamental rights are granted to the ‘citizens’ alone for example, equality of opportunity in matters of public employment, protection against discrimination on any ground; freedom of speech, assembly, association, etc., and cultural and educational rights of the minorities. On the other hand, some of the fundamental rights are available to any person living in the country whether Indian of foreign. For example, equality before law and its equal protection, protection of life, freedom of religion etc.

2) Some of the fundamental rights are positive in nature. They provide scope for the citizens to enjoy some types of freedom. On the other hand, some of the fundamental rights are negative in nature. They impose some restrictions upon the activities of the state.

3) Fundamental Rights are not absolute. In this sense the state can impose reasonable restrictions on their utilisation and enjoyment in the interest of public order, morality, and friendly relations with foreign states.

4) State may impose some restrictions on all or some of the fundamental rights of the citizens during the emergency. The president of India can suspend all the fundamental rights except article 21 (Right to Life) during the national emergency. However, the freedoms guaranteed can’t be restricted by any body.

5) Fundamental Rights are component of the Indian constitution. So they can’t be altered through ordinary laws.

6) Fundamental Rights are comprehensive, integrative and detailed in nature. Some restraints have also been imposed against the utilization of these rights under specific conditions.

7) Fundamental Rights are protected by the judicial organizations in the country. Especially the Supreme court and state High courts play a crucial role in this regard. The ensure justice to those whose rights are infringed or confiscated by others including the state authorities. They issue several writes for the protection of fundamental rights.

8) Fundamental Rights serve as the main means for proper utilization of the capacities and intelligence hidden among the Indian citizens.

9) Though the constitution guarantees six categories of fundamental Rights, all are not of equal weight. That is three can be discovered a hierarchy of values. It becomes evident when justice M. Hidayatullah in the Golaknath case ruled that right to property is the Weakest of all rights’.

AP Inter 2nd Year Civics Study Material Chapter 2 Fundamental Rights and Directive Principles of State Policy

Question 2.
Explain the various types of Directive principles of state policy mentioned in Indian constitution. [Mar. 18, 17]
Answer:
Directive principles of state policy are enumerated in articles from 36 to 51 in past -IV of the Indian constitution. They are borrowed from the Irish constitution. They help in realizing the objectives mentioned in the preamble.

Types of Directive principles of state policy: Directive principles can be classified into three broad categories namely Socialistic, Liberal-intellectual and Gandhian principles.

Article 36 defines the term “State”.

Article 37 declares that the directive principles shall not be enforceable by any court.

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

2. Article 39 directs the state to secure its citizens.

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

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

4. To make provision for just and human conditions of work and maternity relief (Article 42).

5. To secure living wage and decent standard of life so as to ensure to the workers sufficient leisure and enjoyment of social and cultural Opportunities. (Article 43).

6. Raising the level of nutrition and standard of living of the people and the improvement of public health (Article 47).

2) Liberal-intellectual Principles:
The principles represent the ideology of liberalism and certain objective like provision of basic education, uniform civil code, independent judiciary and international peace. They are incorporated in Articles 44, 45, 50 and 51 of the Constitution.

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

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

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

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

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

Question 3.
Describe the Fundamental Duties incorporated in Indian Constitution. [Mar. 16]
Answer:
Fundamental Duties are a significant feature of Indian Constitution. They are incorporated in our constitution by the constitution 42nd amendment act of 1976 in part – IV under article 51 A. They are borrowed from Russian Constitution. They are 11 in number as mentioned below :

  • To abide by the Constitution and respect the National Flag and the National Anthem.
  • To cherish and follow the noble ideals which inspired our national struggle for freedom.
  • To protect the sovereignty, unity and integrity of India.
  • To defend the country and render national service when called upon to do so.
  • To promote harmony and the spirit of common brotherhood amongst all the people of India and renounce practices derogatory to the dignity of women.
  • To value and preserve the rich heritage of our composite culture.
  • To protect and improve the natural environment including forests, rivers and wildlife and to have compassion for living creatures.
  • To develop the scientific temper, humanism and the spirit of inquiry and reform.
  • To safeguard public property and to abjure violence.
  • To strive towards excellence in all spheres of individual and collective activity.
  • To provide educational opportunities by the parent or guardian to his child or ward between the age of six and fourteen years.

Question 4.
Explain the differences between Fundamental Rights and Directive principles of State Policy.
Answer:
Fundamental Rights are incorporated in Part – III (Article 12 to 35) of our Constitution. Fundamental Rights are of great significance. They serve as the best means to safeguard the life, liberty and property of individuals. They act as the main instrument for releasing the inherent talents and capabilities of the individuals. Fundamental Rights are borrowed from the American Constitution. These are justiciable and can be enforced by the courts.

The Directive Principles of State Policy is a feature of Indian Constitution. They are included in Part -IV from Articles 36 to 51. The principles help to realize the objectives mentioned in the preamble of our Constitution. The makers of our Constitution drew them from the Irish Constitution. These are directives to different governments and agencies of our country. These principles aim at transforming our country into a Welfare State. The rulers have to respect them. They cannot be enforced through any Court of Law. The I governments have to implement them subject to availability of funds. They explain the I responsibilities of the State towards the people.

Differences between Fundamental Rights and Directive Principles of state policy :

Fundamental Rights Directive Principles of state policty
1) The concept was borrowed from the American Constitution. 1) The concept was borrowed from the Irish Constitution.
2) These are enumerated in Part – III of the Constitution covering articles from 12 to 35. 2) These are enumerated in Part – IV of the Constitution covering articles from 36 to 51.
3) These-are negative in character in the sense that they prohibit the Government from doing certain things. 3) These are positive in character in the sense that they direct the government to work for the attainment of certain objects.
4) These aim at establishing political democracy in the country. 4) These aim at establishing social and economic democracy in the country.
5) These have constitutional sanction and so their implementation needs no legislation. 5) These have no constitutional sanction and so their implementation needs legislation.
6) These are justicable and can be enforced by the courts. 6) These are non – justiciable and cannot be enforced by the courts.
7) A law violating a Fundamental Right can be declared by the court as unconstitutional. 7) A law violating a Directive Principle cannot be declared by the court as unconstitutional.
8) These are personal and individualistic in nature. 8) These are societarian and socialistic in nature.
9) These promote the welfare pf the individual. 9) These promote the welfare of the society.
10) These have been laid down in clear legal language. 10) These are stated in general terms.

Short Answer Questions

Question 1.
Write a note on the changing Relationship between Fundamental Rights and Directive Principles of State Policy.
Answer:
Fundamental Rights and Directive principles of state policy are the salient features of Indian Constitution.

Changing Relationship between Fundamental Rights and Directive Principles :
Although a distinction is mode, between fundamental rights and directive principles of sate policy by way of justiciable and non-justiciable nature. Yet over the years directive principles of state policy have become politically important and the relation between the two has undergone several changes.

The Supreme court consistently held the opinion that the directive principles of state policy should be subsidiary to the fundamental rights. Judgements in various disputes like Sajjan Singh Vs state of Rajasthan and Golaknath Vs state of Punjab, the Supreme court confirmed its stand and reiterated that it is the duty of Parliament to enforce the Directive principles without tampering the Fundamental Rights.

As a result of the invalidation of certain laws like the Nationalization of Banks, Abolition of privy purses, the Parliament enacted the (Twenty Fifth Amendment) constitution Act in 1971 which declated that the enforcement of the directive principles of state policy shall not be invalidated by any court on the grand that it violates the fundamental rights in articles 14, 19 and 31 of the constitution.

Again the (Forty Second Amendment) constitution Act passed by Parliament in 1976 declared that no law, giving effect to any of all directive principles, shall be invalid on the ground that it infringes on Fundamental Rights. However, in the Minerava Mills case, the Supreme court restricted the original supremacy and sanctity of the fundamental rights over the directive principles of state policy. Thus, the fundamental rights have primary over the directive principles.

In the case of Keshavananda Bharati Vs state of Kerala. The supreme court held that the Parliament cannot among the basic structure of the constitution. By implication the Supreme court considered fundamental rights as a part of the basic structure of the constitution.

AP Inter 2nd Year Civics Study Material Chapter 2 Fundamental Rights and Directive Principles of State Policy

Question 2.
Explain any three fundamental rights of a citizen. [Mar. 18]
Answer:
1) Right to freedom of Religion :
This right denotes the secular nature of Indian political system. It aims at transforming India into a secular state. Both the citizens and aliens of India enjoy this right.

Article 25 empowers every persons to profess, practice and propagate a religion of this liking.

Article 26 guarantees the following rights to every person.

  1. To establish and maintain religious and charitable institutions.
  2. To mange his their religious affairs.
  3. To own and acquire moveable and immovable properties and
  4. To maintain such properties in accordance with the provision of the law.

Article 27 prohibits the state to impose or collect taxes from individuals purely on religious grounds. It also prohibits the state to’impose and collect taxes for the benefit and maintenance of any particular religion or religious denominations.

Article 28 bans religious instructions in educational institutions wholly or partly maintained by the state funds.

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

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

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

Question 3.
Describe the six Freedoms of a citizen. [Mar. 17]
Answer:
Our constitution in chapter III under Article 19 (clause 1) guarantees certain fundamental rights subject to certain restrictions. They are also known as fundamental freedoms. They are :

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

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

Question 4.
Write briefly on the right to Constitutional Remedies.
Answer:
This right is the most significant of all the fundamental rights. It extends protection and relief to those whose Fundamental Rights were abridged, confiscated or infringed by others including the public, authorities. As this right gives a citizen the right to approach a rights restored in case of their violation. The supreme court and the High court can issue orders and give directions to the governments for the enforcement of the Fundamental Rights. The courts can issue various writs like habeas corpus, Mandamus, prohibition, Quowarranto and certiorari Dr. Ambedkar rightly described this right as Heart and Soul of the constitution.

Question 5.
Explain any five differences between Fundamental rights and Directive principles of state policy. [Mar. 16]
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 6.
Explain the important characteristics of Directive principles of State Policy.
Answer:
The following are the characteristics of the Directive principles :

  1. These are in the form of directives or instructions issued to the successive governments.
  2. These are positive in nature as they extend the jurisdiction of the powers and functions of the governments at various levels in India.
  3. Enforcement of these principles depends upon availability of financial resources.
  4. They are popular in nature as they aim at the establishment of egalitarian society.
  5. They are supposed to be implemented by any party in power irrespective of it’s policies and Ideology.
  6. Failure to implement these principles is not considered as a breach of law.
  7. They are non-justicable in nature as no one can force the governments to implement them immediately. The governments have discretion in implementing these principles.

Question 7.
Examine the implementation of Directive principles of state policy.
Answer:
Keeping in view the fact, Directive Principles of State Policy are fundamental in the governance of the country. The Union as well as the State Governments, since 1950, have been continuously taking various steps to implement them from to time. These are mentioned below:

  1. Abolition of Zamindari, Jagirdari and Inamdari systems.
  2. Introduction of Land Ceiling Acts.
  3. Abolition of Privy Purses.
  4. Nationalization of 14 leading commercial banks.
  5. Establishment of Khadi and Village Industries Board etc. .
  6. Organization of Village Panchayats.
  7. Reservation of seats are reserved for SCs and STs in educational institutions and representative bodies.
  8. Enactment of Ancient and Historical Monuments and Archeological Sites Remains Act 1951.
  9. Separating criminal procedure code from the executive.
  10. Prohibition of cow slaughter, calves and bullocks in some States.
  11. Establishment of primary health centers and hospitals throughout the country.
  12. Implementation of Non-Alignment and Panchasheel Principles.
  13. Initiation of old age pension schemes.
  14. Introduction of unemployment schemes.
  15. Enactment of Minimum Wages Act.
  16. Enactment of Wild Life Act.

Question 8.
Explain the significance of Directive principles of State Policy.
Answer:
Directive principles of state policy are considered as the most significant feature of the Indian constitution. They have great significance in the administration of our country. Though they lack legal sanction, they enjoy popular support and possess public sanction. If the party in power fails to implement these principles, it has to face resistance from the electorate in the coming elections.

So, no government can afford to ignore the implementation of these principles. The opposition, the press and the electorate would exert pressure on the government for implementing these principles. Hence the union government considered these principles as the basis for the functioning of National Planning Commission (or) NITI Ayog. They have helped the cburts in exercising their power of Judicial Review.

To conclude, directive principles of state policy are considered as an authoritative declaration of the aims and aspirations of Indians formulated by their representatives after solemn and mature deliberations as they are considered” as the goal of social Revolution”.

Very Short Questions

Question 1.
Fundamental Rights.
Answer:
Fundamental Rights are an important feature of Indian constitution. They are incorporated in part – III Articles from 12 to 35 in our constitution. They enable the citizens to realise their personality. They are :

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

Question 2.
Types of Directive principles.
Answer:
On the basis of their content and direction directive principles of state policy can be classified into three broad categories namely socialistic, Liberal – intellectual and Gandhian principles.

AP Inter 2nd Year Civics Study Material Chapter 2 Fundamental Rights and Directive Principles of State Policy

Question 3.
Habeas corpus. [Mar. 16]
Answer:
Habeas corpus literally means “To produce the body of”. It is in the nature of calling upon a person who has detained another to produce the latter before it. The court wants to know on what grounds a person has been detained. This writ frees a person whose detention has no legal justification.

Question 4.
Mandamus.
Answer:
Mandamus literally means “A mandate or command”. It is issued by a competent court for directing any person, corporation or inferior courts requiring him, it or them to do some particular, thing specified there in which appertains to his of their and is in the nature of public duty.

Question 5.
Cultural and Educational Rights.
Answer:
Article 29 guarantees to every citizen to protect his own language, script or culture. Article 30 provides that all minorities whether based on religion or language shall have the right to establish and maintain educational institutions of their choice.

Question 6.
Gandhian Ideas of Directive principles of state policy.
Answer:

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

Question 7.
Significance of Fundamental Duties. [Mar. 17]
Answer:
Fundamental duties are considered most significant from the following view points.

  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 8.
Mention any three liberal principles.
Answer:

  1. The state shall secure for the citizens uniform civil code throughout the country (Article 44).
  2. The state organize Agriculture and Animal husbandry on modem and scientific lines, (Article 48).
  3. The state shall take steps to separate judiciary from executive in public services of the state (Article 50)

Question 9.
Quo – Warranto
Answer:
Quo – Warranto literally means ‘What Warrant or Authority”. It enables the competent court to enquire into the legality of the claim which a party assets to a public office and to oust him from its enjoyment if the claim is not well founded.

Question 10.
Right to Religion.
Answer:
This right denotes the secular nature of Indian political system. It aims at transforming India into a secular state. Both the citizens and aliens of India enjoy this right. Articles from 25 to 28 in part – III of Indian constitution deals with right to freedom of Religion. This right enables the individuals to profers, practice and propagate any religion according to their conscience.

AP Inter 2nd Year Civics Study Material Chapter 2 Fundamental Rights and Directive Principles of State Policy

Question 11.
Right against exploitation.
Answer:
In our country, there are millions of people who are underprivileged and deprived. They are subjected to exploitation by their fellow human beings. One such form of exploitations is ‘begar’ or ‘forced labour’ without payment. Another closely related form of exploitation is trafficking of human beings and using them as slaves. Both are prohibited under Article 23 of our constitutions.

Article 24 of the Indian constitution forbids all forms of child labour below the age of 14 years in factories, mines and other hazardous industries.