Odisha State Board CHSE Odisha Class 11 Political Science Solutions Unit 5 Constitution at Work-II Short Answer Questions.
CHSE Odisha 11th Class Political Science Unit 5 Constitution at Work-II Short Answer Questions
Short Question With Answers
What is a parliamentary government?
A government in which there is a close relationship between the executive and legislature is called a parliamentary government. Here the, executive remains accountable to the legislature for all acts of omission and commission.
What is collective responsibility?
Collective responsibility is a principle of parliamentary democracy where the ministers collectively remain responsible to the legislature for all they have to do no. It means one for all and all for one as far as supporting Govt. decisions is concerned.
how the President of India Is elected?
The President of India is elected indirectly on the basis of proportional representation through a single transferable vote. The President is elected by an electoral college consisting of the elected members of Parliament and State Legislative Assemblies.
how the President can be removed from his office?
The President of India can be removed from office through impeachment. Impeachment proceedings can be initiated in any house of parliament only on the ground of proved misbehaviour and incapacity.
What is an Ordinance?
The ordinance is an emergency legislation promulgated by the President during the recess of Parliament. It is promulgated only on the advice of the council of ministers.
Under which circumstances President’s rule is proclaimed?
President’s rule is proclaimed under Art 356 on the ground of failure of constitutional machinery in a state. If the President feels satisfied either from the report of the Governor or otherwise that the administration of the state can not be run in accordance with the constitution then the President may proclaim the president’s rule in that state.
Under which circumstances financial emergency can be declared?
A financial emergency can be declared under Art. 360 of the constitution if the President feels satisfied that a situation has arisen whereby the financial stability or credit of India is in danger. It can be declared by the President on the advice of Union Council of Ministers.
What is the Independence of the Judiciary?
Independence of the judiciary means the freedom of the judiciary from the control and influence of the executive and legislature. The judges should discharge their duty without fear or favour affection or ill will.
What is judicial review?
Judicial review is a special power of the apex court whereby the court examines the constitutional validity of any law or executive decision. If it finds any law contradictory to the constitution, then the court can declare such a law rull and void.
What Is Judicial Activision?
JudicialActivism implies proactive rule played by the judiciary for doing justice to the people and the society. It is nothing but judicial policymaking either in support or against legislative and executive decisions. The purpose of judicial activism is to expedite Government initiatives in support of socio-economy justice.
What are the main causes behind Judicial Activism?
The main causes behind judicial activism are an Increase in the number of administrative disputes Delegation of maximum legislative powers to the executive Increase in contempt of court Extension of judicial review over administration etc.
What is public interest litigation?
Public Interest Litigation is an innovation in the judicial process. It enables citizens to draw the attention of honourable courts only by writing petitions in the interest of the general public. It is justice at a low cost and within a short time. It is an instrument in the hands of the Judiciary to interfere in the activity of the executive and legislature in the name of public purpose.
How the high Court act as a court of record?
The High Court records the decisions and proceedings of the court for perpetual loss of memory. The decisions of the court have evidentiary value and they can’t be questioned by the subordinate court.
What has delegated legislation?
Delegated legislation is executive legislation. It means the delegation of legislative responsibility to the executive by the legislature in a democracy.
What Is a cabinet?
Cabinet consists of a small group of ministers who are re-experienced and are quite faithful to the Prime Minister. The government frequently and takes all vital decisions of the Government as and when Prime Minister.
Why parliamentary, government is called Prime Ministerial Government?
A parliamentary government is called the Prime Miriiseriai government because the Prime minister is the head of the government and all decisions are taken by him.
What are the functions of the Vice – President?
The Vice-President succeeds to the office of president when the later office falls vacant due to his resignation, removal or untimely death. He also acts as the ex-officio chairman of the Rajya Sabha and conducts its proceedings.
Under which circumstances National Emergency is declared?
National Emergency can be declared under Art. 352, if the president feels that the sovereignty and territorial integrity of the whole of India or any part is in danger due to war, external aggression or internal armed rebellion. The union council of ministers must provide written advice to the President to declare an emergency.
What is President’s rule?
President’s rule is known as state emergency. Under Art. 356 the president may declare the president’s rule in a state if he feels satisfied that the constitutional administration has failed there.
Under which circumstances the President may exercise his discretion?
The President can exercise his discretion when there is no clear-cut majority secured by any party or coa1ition in the Lok Sabha election. He can also dissolve the Lok Sabha if he feels that the Prime Minister has lost the truth of the house.
What ¡s judge-made law?
The judges of Higher Courts at the time of interpretation of law give new meaning to laws and these new laws are called judge-made laws. It is considered to be a source of law.
What is Advisory Jurisdiction?
The Supreme Court of India under Art. 143 enjoys advisory jurisdiction. The Union government can seek the legal opinion of the apex court under this article and the court is obliged to tender its advisory opinion.
What do you mean by the original jurisdiction of the Supreme Court?
Original jurisdiction is the exclusive jurisdiction of the Supreme Court as no other court enjoys this privilege Under this jurisdiction the apex court decides federal disputes and causes relating to the enforcement of fundamental rights.
Why Supreme Court is called a federal arbiter?
The Supreme Court is called a federal arbiter because it decides all disputes between the centre and states and states themselves. Both the Union government and states act on the advice of the apex court on federal issues.
Why Supreme Court called a court of record?
The Supreme Court is called a court of record because its decisions have evidentiary value and all its decisions are recorded for perpetual loss of memory. The court can also punish for contempt of court.
How the judges of High Court are appointed?
The Judges of the High Court are appointed by the President of India. Before appointing judges the president consults the Governor of the state and the Chief Justice of the said High Court.
Why the Supreme Court is called the Guardian of the Constitution?
The Supreme Court is called the guardian of the constitution because it is the final interpreter of the constitution. It can declare any law or decision of the Govt. or state unconstitutional if that violates the constitutional provisions.
Law and Ordinance?
Law is permanent but the ordinance is a temporary law. Any draft proposal after parliamentary approval and presidential assent becomes law. But the ordinance is proclaimed by the President when the parliament is not in session. After parliamentary approval ordinance becomes a valid law. Law once enacted continues forever but ordinance can continue only for six months and six weeks without parliamentary approval.
Law is a calm and compact decision, but an ordinance is quick legislation by the government Laws are placed in the statute books, but not ordinances.
Judicial Review and Judicial Activism?
A judicial review is a prohibitive act of the Judiciary which seeks to defend to the constitution but judicial activism is a positive and constructive decision of the court which enhances the role of the judiciary. The judicial review seeks to protect and preserve the constitution from executive and legislative encroachment but judicial activism seeks to ensure justice and social change and protect the environment. Judicial review is constitutional but judicial activism is extra-constitutional growth.
Judicial review sees to the fact that all laws decisions, policies and programmes of the government must be in conformity with the constitution, but, judicial activism seeks to pressurize the executive and programmes of the government must be in conformity with the constitution, but, judicial activism seeks to pressurize the executive and legislature to do their duty and avoid negligence, corruption and safeguard the environment.
National emergency and President’s rule?
National Emergency is declared under Art. 352 but Presidents rule under Art. 356. National Emergency is declared when there is any danger to the security of India or any part thereof but President’s rule is declared when there is break down of constitutional machinery in a state. During national emergency fund mental rights under Art. 19 and 32 are suspended while during presidents’ rule the rights and not affected.
The national emergency proclamation has to be approved in both houses of Parliament by a 2/3rd majority within 30 days, but presidents rule proclamation needs to be approved by a simple majority and within Iwo months. President’s rule is declared on the advice of the union council of ministry but a national emergency can be declared only on written advice the union council of ministers.
Cabinet and Ministry?
Ministry consists of afl the minsters but cabinet consists of only after cabinet consists .of only a few cabinet ministers. Council of ministry is a constitutional body but the cabinet is extra-constitutional. The ministry is appointed by the president but the cabinet is by the Prime Minister.
The ministry meets once in every month but the cabinet meets frequently. In the meetings of the council of ministers the ministers speak about their own departments but in the cabinet meetings, each minister can discuss any matter of his choice.
Bill and Act?
Bill is a draft proposal for legislation but Act is the final shape of a bill that is given after parliamentary and presidential approval. Violation of the law is an offence but a violation of a bill is not. The judiciary does not Act on a bill, but an Acts Bill is the premature stage of an Act. The act is mentioned in the statute book but a Bill is not.
What are the basic features of a Parliamentary form of Government?
The basic features of the Parliamentary system can be discussed below.
- There is a co-existence of a nominal and real executive
- The close relationship between the executive and legislature. .
- Collective responsibility of the ministers, and
- Political homogeneity
- The leadership of the Prime Minister.
What are the qualifications prescribed for the office of the President?
Art. 58 of the constitution of India lays down certain qualifications for the office of the president.
- He must be a citizen of India.
- He must have completed the age of 35 years.
- He must be qualified to be a member of Lok Sabha.
- He must not hold any office of profit either under the Union or State Government.
What is the constitutional status of the President of India?
The President of India occupies a dignitary position in the IndiajiConstitutional set-up. He is the chief of the union executive and all powers are vested in him. His office is nominal for which he exercises his powers on the aid and advice of the Council Ministers. He is the symbol of the nation’s unity and integrity and he holds the most exalted political office in the country.
How ¡s the President of India elected?
The President of India is elected indirectly by an electoral college consisting of the elected members of both the Houses of Parliament and State Legislative Assemblies. I-Je is elected on the basis of proportional representation through a single transferable vote system. The electors vote in order of preference and the candidate who polls the quota of votes is declared elected. If nobody secures the number of votes the 2nd preference votes are taken into account. Thus, the process continues till one gets the number of votes.
Why is the President indirectly elected?
The President of India is the chief executive and the head of state is elected indirectly by the people. There are different reasons behind the indirect election of the President. The President being nominal, the direct election is supposed to be superfluous. Direct elections may cause conflict between the President and the Prime Minister. It will be a costly affair involving too much loss of time energy and money. The direct election may not make a perfect choice of the President Considering all these factors the farmers provided for an indirect election.
Which members are excluded from the membership of the Presidential Electoral College?
The following categories of members are excluded from the membership of the Electoral College. Nominated members of Rajya Sabha, Lok Sabha and State Legislative Assemblies. Members of Legislative Councils of States. Members of the Legislative Assemblies of the Union Territories. Elected members of the dissolved Assembly. Disqualified members of the State Legislative Assembly.
how can the President be removed from office?
The President of India can be removed from office by a difficult legislative trial called impeachment. According to Art. 61, impeachment proceedings can be framed by either House of Parliament against the President on the ground of violation of the Constitution. If the proposal is passed in both Houses by 2/3rds majority of the members present and voting and by the majority membership of each House the President is removed from office.
What are the executive powers of the President?
The executive powers of the President are explained below:
The President gives appointments to all high dignitaries of state and the centre including the Governors of states, Prime Minister and Council Ministers, and Judges of the Supreme Court. and high Courts etc. He appoints diplomatic envoys to foreign states and receives diplomats of foreign countries He declares war and concludes peace. He is responsible for the administration of Union Territories. He is informed about the decisions of the Central Council of Ministers.
What constitutes the legislative powers of the President?
The President discharges the following legislative powers. He summons & prorogues both the Houses of Parliament and dissolves the Lok Sabha. He summons the joint sitting of both Houses in times or crisis. He addresses the inaugural sessions of the Parliament and can send messages to both. He nominates 12 members to the Rajya Sabha from persons having special knowledge of literature, art. science or social service and two members to the Lok Sabha from the Anglo-Indian community if the said community is not adequately represented in the House. He promulgates ordinances during the recess of the Union Parliament and gives assent to bills pending approval.
What do you mean by ordinance?
the ordinance is a type of emergency legislation promulgated by the President during the recess of the Parliament. It is not law but usually treated as law pending Parliamentary approval. An ordinance promulgated by the President is required to be approved within a period of six weeks from the reassembling of the Parliament. If not approved it becomes invalid. The President promulgates ordinances only on the advice of the union council of Ministers.
What are the judicial powers of the President of India?
The President being the head of state discharges certain judicial powers. He can grant pardon, repave, respite, commutation or remission of sentences of criminals punished by Courts including the military Court. He gives orders for the appointment and transfers of judges of Supreme Courts and High Courts. He can refer any legal question of public importance to the Supreme Court for an advisory opinion.
What are the financial powers of the President of India?
The President has an important role to play in the financial administration of the Country. All money bills are introduced into the Parliament on his recommendation. He causes the annual budget to be laid before the Parliament. No taxes can be imposed of raised without his concurrence. The Contingency Fund of India is kept under his disposal to meet unforeseen expenditures. He appoints the Finance Commission in every five years to reassure the financial relations between the Centre and States.
What constitutes the emergency powers of the President?
The President of India exercises. certain emergency powers during situations of crisis. The President has been vested with powers of tackling abnormal situations through constitutional provisions. Constitution under part XVIII and Art-352 to 360 has elaborately discussed provisions of national emergency, state emergency arid financial emergency. The Presideñt exercises such powers only on the recommendations of the Union Council of Ministers.
Under what circumstances National Emergency is declared?
National Emergency can be declared by the President under Art.352 of the Constitution, If the President is satisfied that a grave situation of emergency exists whereby the security of India or any part thereof is threatened, due to war, external aggression or armed rebellion, then he may proclaim national emergency on the recommendation of the Uñiori Council of Ministers. Even in the apprehension of such threats, National Emergency can declare. The decision of the cabinet must be unanimous and all cabinet ministers must sign the such proclamation.
Under what circumstances National Emergency can be revoked?
National Emergency can be revoked by a subsequent proclamation issued by the President. It can further be terminated or revoked if it is not approved by the Parliament within 30 days or after six months: The Lok Sabba can pass a resolution by simple majority for the revocatìon of national emergency.
Explain under which circumstances a National emergency has been declared since independence?
A national emergency has been declared only three times since independence. For the first time, it was declared on 26th October 1962 during Chinese aggression. For the second time on 3rd December 1971, it was declared following Pakistan’s attack d tuning Bangladesh War. Last time on 25th June 1975, the emergency was declared in the apprehension of internal disturbances.
What are the effects of National? Emergency?
National Emergency has Certain far-reaching effects on the Governmental setup. The jurisdiction of the Parliament extends to the state list. The union executive becomes too strong and the states remain under the complete control of the union. The term of Lok Sabha can be extended. the President may modify the sourceš of revenue distribution between the Centre and States. The Fundamental Rights under Art. 19 and 32 cease to operate. The federal polity is transformed into a unitary one.
Under what circumstances President’s Rule is proclaimed?
President’s Rule is proclaimed underArt:356 of the Constitution on the ground of failure of constitutional machinery in a state. If the President on the receipt of a report from State Governor or ‘Otherwise’ is satisfied that a situation has arisen in a state resulting in breakdown of constitutional Government in that state he can proclaim a state of emergency called President’s Rule.
Such a proclamation should be approved by both the Houses of Parliament .withi two months unless it becomes invalid. President’s Rule remains valid for six months unless it becomes invalid: President’s Rule remains valid for six months and if renewed it can be extended to a maximum periód of three years.
What are the possible circumstances which lead to the breakdown of constitutional machinery In a State?
Art-356 of the Constitution reveals the following. grounds of the breakdown of constitutional machinery in a state. If after the election to the Assembly no party or coalition is able to form a Government it leads to the breakdown of constitutional administration. If a Govt, falls and no other alternative Govt. is formed. If the ministry fails to control an extraordinary situation of violence On political grounds of expediency.
What are the consequences of state emergencies?
Proclamation of state emergency leads to the following consequences.
- The President assumes all functions and powers of the state executive.
- The Union Parliament performs the responsibilities of the State Legislature.
- The State Legislative Assembly is either dissolved or kept under animated suspension.
- The budget of the state is passed by the Parliament.
Under what circumstances Financial Emergency can be declared?
Financial Emergency can be declared under Art-360 of the Constitution if the President feels satisfied that a situation of the grave financial crisis has arisen, whereby the financial stability or credit of India or any part thereof is threatened. It can be proclaimed the recommendation of the Union cabinet and shall be laid before both the Houses of Parliament within two months for approval. Its duration can be extended in every six months intervals until and unless the crisis is averted.
What are the consequences of a Financial Emergency?
The declaration of a financial emergency leads to the following consequences. The union executive gives direction to the states to observe certain principles of economy in public expenditure. The President may order a reduction of salary and allowances for Government servants. If necessary4e. salary of the Judges of High Courts. Supreme Court can also be reduced. All money bills and other financial bills are passed by the state legislature for the assent of the President. The President may alter the allocation of revenues between the Centre and the States.
What is the position of the President of India?
The President of India holds a unique position in the Indian constitutional system. All executive powers have been vested- In his office, but he is nominal. Actually, the ministers being responsible to the Parliament run the Government in the name of the President. The President exercises his constitutional responsibilities with the aid and advice of the Council of Ministers. He is a constitutional figurehead and he represents the nation. As the top executive, it is his duty to preserve, protect and defend the Constitution, the nation and the federal system.
What is the role of the Vice President ¡n our constitutional system?
The Vice-President of India is the No.2 citizen of the country. He is an integral part of the union executive and if the office of the President falls vçant due to death, resignation or removal, the Vice-President acts as the President till a fresh election is held. He also discharges the functions of the President during the temporary absence of the President. He is the ex-office Chairman of the Rajya Sabha and he presides over its meetings arid on4ucts the proceedings of the House.
How is the Un1oñbCounciÌofMuistry formed?
After the electioñ to the Lok Sabha, the President invites the leader of the majority party to form the government and appoint him as the Prime Minister. The other members of the ministry are appointed by the President only on the advice of the Prime Minister. There are three categories of ministers in the Council of Ministry, such as Cabinet Ministers, Ministers or State and Deputy Ministers. The Prime Minister plays a vital role in the formation of a ministry.
What are the different ranks of ministers In the Union Council of Ministers?
There are three different ranks of ministers in the Union Council of Ministers.
- Cabinet Ministers
- ministers of state
- Deputy Ministers
Besides these three categories, there are Parliamentary Secretaries who often participate in the Union Council of Ministry and assist the ministers in their functions.
The ministers remain In office during the pleasure of the President. Explain.
According to the Constitution, the ministers remain in the office during the pleasure of the President. It implies that the President enjoys no such authority. He can dismiss a minister only when the Prime Minister advises him to do so. No member of the. The Council of Ministry can be removed without the knowledge of the Prime Minister. So it will be right to say that ministers hold office during the pleasure of the Prime Minister.
What is collective responsibility?
In a Parliamentary system, the collective responsibility of the ministers is a constitutional necessity. The ministers remain collectively and individually responsible to the Lok Sabha for which they have been authorized to exercise real executive authority. The ministers act as a unit and they sink and swim together. They share responsibilities of the Government and for the fault of an individual minister, the entire ministry is held responsible. All the ministers back the policies of the Cabinet and work as a team for the success of Govcmmet.
What are the function of the Council of Ministers?
The Union Council of Ministry performs the following functions.
- It determines the policies and programmes of the Central Government.
- It exercises supervision and control over the administration.
- The execution of policies is another vital function of Government.
- It coordinates the activities of different ministries and departments and removes bottlenecks.
- It decides financial matters and prepares the budget.
Prime Minister is the keystone of the Cabinet arch.
The Prime Minister in a Parliamentary model is the leader of the Cabinet. He is the Chairman of the Cabinet and presides over its meetings. The agenda for discussion is fixed by him and on most occasions, his decision is the decision of the Cabinet. his Prime Minister forms the cabinet and. selects the members. They remain accountable to him. The Prime Minister completely dominates the Cabinet and the last word always remains with him. Therefore the Prime Minister is supposed to be the keystone of the Cabinet arch.
How can the Prime Minister be removed?
The Prime Minister can be removed only if a no-confidence motion is passed in the Lower House of Parliament. The President is authorized to remove or dismiss the Prime Minister, but the confidence of the Parliament. The Prime Minister remains in office so long as he enjoys the majority support in the Lok Sabha.
What are the qualifications of the Governor of a State?
The Governor of a state should satisfy the following qualifications.
- He/She must be a citizen of India.
- He/She must have completed 35 years of age.
- He/She must not hold any office of profit either under the union or state government.
- He/She must not be a member of either House of the State Legislature or Parliament.
- He/She should possess all necessary qualifications as prescribed by the Parliament.
The Governor holds office during the pleasure of the President. Explain?
This statement explains the tenure of the office of the Governor. The normal term of office of the Governor is five years, but the President can dismiss the Governor at will on the advice of the union cabinet. Therefore, it is said that the Governor is constitutionally responsible to the President and holds office during his pleasure.
What are the privileges enjoyed by the State Governor?
The State Governor while in the office enjoys certain immunities and privileges. He is not answerable to any Court of Law for the exercise and performance of his powers and official dúties. No civil or criminal proceedings can be instituted against him during his tenure. He can not be arrested or imprisoned while in office.
What are the executive powers of the Governor?
Governor being the constitutional head of state, all executive power of the state government are vested in him. He takes all executive appointments in the State. He can remove the council of ministers if it loses the confidence of the Legislative Assembly. He allocates portfolios among ministers and administers oaths of oleic to them. He has the right to be informed about the state administration. He can recommend the President for the position of Presidents Runic in the state. Under normal circumstances, the Governor acts on the advice of the ministers.
What are the legislative, powers of the Governor?
The Governor being an integral part of the legislature performs the following legislative functions.
- He summons, prorogues and dissolves the State Legislative, Assembly.
- He nominates certain members of the state legislature in some states.
- He addresses the inaugural sessions of the state legislature.
- All bills passed in the legislature become law only on his assent.
- He can promulgate ordinance during the recess of the legislature.
Explain the ordinance-making power of the Governor?
The Governor has the power to promulgate ordinances during the recess of the State Legislature. But he can not prom the Wgate ordinance without instructions from the President. A bill containing the same provisions would have required the previous sanctions of the President. The Governor would have reserved a bill containing the same provisions for the consideration of the President. Or, an Act of legislature containing the same provisions would have been invalid unless having been reserved for the consideration of the President. Further, the Governor can only promulgate ordinance on the advice of the State Council of Ministers.
When can the Governor exercise his decision? Or, Under What circumstances the Governor is expected to exercise his discretion?
The òvernor can exercise his discretional powers under the following circumstances; For the appointment of Chief Minister in a coalition ministry when no party or coalition enjoys absolute majority. Advising the President for the proclamation of President’s Rule. For the dissolution of the Legislative Assembly. For the dismissal of the ministry when it lacks the confidence of the Assembly.
While reserving a bill of the state legislature for the assent of the President. Asking for information from the Chief Minister relating to legislative and administrative matters. Asking the Chief Minister to submit for the consideration of the Council of Minìster any matter on which a decision leas been taken by a Minister, but which has not been considered by the Council of Ministers, and Seeking instructions from the President before promoting ordinance
Governor is an agent of the Centre. Justify?
The Goyemori is considered as an agent of the Centre due to the following reasons. He is appointed by the President of India and remains in office during his pleasure. The Governor sends fortnight reports to the president about the state administration. The Union Government gives directions to the state through the Governor. President’s Rule is proclaimed on the recommendations of the Governor. During an emergency, the President acts through the office of the Governor.
Explain in brief the role of the Governor in state administration?
nominee of the Union Government he informs the President about the problems and prospects of the state administration. He provides a link between the Centre and the state. The state administration is run in his name. He is the watchdog of constitutional property and a vital link between the Union and the state. It is his solemn duty to see that the federal balance and political stability is not destroyed.
The office of the Governor is nominal. Explain?
The Governor is the nominal executive in a state. He performs most of his constitutional duties and responsibilities with the advice of State Council of Ministers. Though he appoints the Council of Ministers, yet they remaiñ accountable to the Assembly. He can not dismiss the ministry unless it loses the confidence of the House. It is his duty to see that the state administration is run according. to the Constitution and he should not be a hindrance before the working of the ministry.
Explain how the State Council of Ministers is formed?
The State Council of Ministers is appointed by the Governor on the advice of the Chief Minister. After the Assembly election, the Governor invites the leaders of the majority party to form the ministry and appoints him as the Chief Minister of the State. Then the Chief Minister prepares a list of ministers and submits it to the Governor and accordingly the Governor gives appointments to the ministers. Thus, in the formation of the ministry, the Governor has little discretion to exercise as the Chief Minister decides about the shape and size of the ministry.
What are the financial powers of the Governor?
The budget of the State’s Govt. is said before the Legislative Assembly in the beginning of every financial year by the Finance Minister on the instruction of the Governor. No money bill can be introduced into the Assembly without his permission. He regulates the State Contingency Fund and he grants money from it for mcctìng unforeseen expenditures.
What are the judicial powers of the Governor?
The Governor discharges certain judicial powers; He grants pardon, reprieve or can commute and suspend the sentences of convicted persons in any offence against any law to which the executive power of the State extends. The Governor is expected to exercise such powers cautiously, All senior judicial appointments in the State are made in the name of the Governor. He enjoys immunities from all civil and criminal offences. He is consulted by the President at the time of appointment of Judges of the High Court of the State.
Under which circumstances the Chief Minister can be dismissed?
The Chief Minister can be dismissed by the Governor under the following circumstances. If the Chief Minister after being defeated in the no-confidence motion declines to resign. If the Chief Minister expresses reluctance to face the Assembly summoned to prove his majority. If Art. 356 is imposed in the state.
What are the functions of the State Council of Ministers?
The State Council of Ministers determines and decides all executive and legislative policies of the State. It co-ordinates the work of various departments of the State Government. The ministers introduce bills and take a leading role in the debates and discussions of the Höuse. It prepares the addiešs of the Governor. It prepares the budget of the state and exercises supervisión and control over the civil and financial administration of the State.
What role does the Chief Minister play in the State Adminktrátion?
The Chief Minister plays an important role in the formation of the ministry.
- He allocates the portfolios among ministers.
- He is the Chairman of the Cabinet and he has a free hand in the removal of a minister.
- He is the chief source of information to the Governor.
- He advises the Governor on all executive matters.
- He is the leader of his party and the Assembly.
- He plays a vital toe as the ultimate authority of the State Government.
What is the meaning of the Judiciary?
Judiciary is the younger branch of Government which is concerned with the administration of justice. The judiciary acts as the watchdog of democracy, guardian of the constitution and protector of the rights of the citizens. No democratic Govt. can function well without an effective and independent judiciary. The Judges, law courts and proper laws are the ingredients of judiciary.
What is the importance of the independence of the judiciary?
Independence of the judiciary means the freedom of the judiciary organ from the Control and influence of the executive and legislature. Without the independence of the judiciary, the integrity of the Judges can’t be secured. The Judges must be wise and impartial and they should administer justice without fear or favour, affection or ill will. An independent judiciary can only safeguard individual rights from the arbitrary interference of the state.
How the independence of the judiciary can be secured?
In order to secure the independence of the judiciary the following conditions must be satisfied. The Judges must be appointed on the basis of merit. The procedure of removal of Judges must be difficult. The Judges must be paid attractive salaries. The judiciary must be separated from the control of the executive and legislature. The Judges must be accorded higher social status, and They must be kept free from political influences.
How does the judiciary act as the guardian of the constitution?
The judiciary protects the spirit of the constitution and defends it by all possible means. It regards the constitution as sacred and inviolable any law which is inconsistent with the constitution is declared null and void. The judiciary settles all disputes arising between the centre and states. It not only protects the constitution but also develops it and adapts itself to changing conditions.
What are the legislative functions of the judiciary?
The judiciary performs the following legislative functions:
- The Judges interpret and apply the law and extend its meaning.
- They give new meaning to the existing laws, which is called judge-made law.
- The Judges through, interpretation and flesh add blood to the dry bones of law.
- The Judges decide on appropriate law on the basis of wisdom and compromise.
how are the Judges of the Supreme Court appointed?
The Judges of the Supreme Court are appointed by the President of India under his hand and seal. The President consults the Chief Justice while appointing a judge of the apex court. The President may consult the law ministry or with the Judges of the High Court as he may think fit. Actually, a committee headed by the Prime Minister selects the name and the resident gives them an appointment.
What is the qualification required for a Judge of the Supreme Court?
A Judge of the Supreme Court is required to fulfil the following qualifications.
- He/She must be a citizen of India.
- He/She must be a Judge of any High Court for at least five years.
- He/She must have been an advocate in any High Court for at least 10 years.
- He/She must be a distinguished jurist in the opinion of the President of India.
How can a Judge of the Supreme Court be removed?
A Judge of the Supreme Court can be removed. office by. Parliament by passing the impeachment motion. The motion of impeachment is initiated at least by one-fourth of members of either House of Parliament on the ground of proved misbehaviour and incapacity. The resolution after investigation must be passed with the support of a majority of members of each House and not less than 2/3rds of the members of each House present and voting. The President after receiving such a resolution can remove the Judge from office.
What constitutes the original Jurisdiction of the Supreme Court?
Original jurisdiction is the exclusive júrisdiction of the Supreme Court of India. The cases heard by the Court under original jurisdiction are not decided by any other subordinate courts in the country. The cases decided by the Court under original jurisdiction are as follows Any dispute between the Centre and a State. Disputes between the union and one or more states on one side and a few states on the other. Disputes between two or more states. Disputes of the Presidential and Vice Presidential election. Cases involving a violation of fundamental rights of the citizens.
Row can an appeal be made to the Supreme Court In a civil dispute?
The Supreme Court is the highest appellate court in the country. An appeal can be made to the Supreme Court in a civil dispute if The High Court certifies that the case involves a substantial question of law of general importance. If such a certificate is not issued the Supreme Court can accept the case under special leave to appeal.
how can an appeal be made to the Supreme Court ¡n a constitutional dispute?
An appeal can be made to the Supreme Court in a constitutional dispute against the decision of a High Court only. If the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution. If the Court denies to give such a certificate and the Supreme Court seeks to admit the same it can do so by granting special leave of appeal. The decision of the Supreme Court is final in all constitutional disputes.
How can an appeal be made to the Suprême Court in a criminal dispute?
An appeal can be made to the Supreme Court against the decision of any High Court under the following conditions:
If the High Court certifies that the case is fit for appeal to the Supreme Court. If the High Court through an appeal has reversed the order of acquittal of an accused and sentenced him to death. If the High Court has withdrawn a criminal case from a subordinate court and after trial convicted the accused and sentenced him or death. In the absence of all these conditions, the Supreme Court can grant special leave to appeal to any criminal dispute.
What constitutes the Advisory Jurisdiction of the Supreme Court?
The Supreme Court under Art-143 of the Constitution exercises advisory jurisdiction. The Supreme Court renders its advisory opinion or any question of law of fact of public importance when such advice is sought by the President or the Union Government. The advisory opinion of the Supreme Court is not binding on the President but usually, such advises are accepted. The Supreme Court is obliged to render its opinion on all legal questions referred to it. The advisory opinion of the Supreme Court is a useful device for the executive and legislature in times of need.
How does the Supreme Court act as the guardian of the Constitution?
The Supreme Court of India in our federal setup acts as the guardian of the Constitution. The Constitution is the supreme law of the land and the apex court is vested with the power to protect the constitutional provisions. It applies the doctrine of judicial review to defend the conštitutional provisions from the encroachmeñl of the legislature and executive: It is the fiñ1 interpreter of the Constitution and its decision about the Constitution is final, ft decides all federal disputes arising between the Centre and States.
How does the Supreme Court act as a Court of Record?
A Court of Record is a Court whose decisions and proceedings are recorded regularly for perpetual loss of memory. These records have evidentiary value and their legality can not be questioned rn any lower court, The Supreme Court under Art-129 of the Constitution acts as a court of record and whosoever violates the décency, decorum and dignity of the court is punished for contempt of Court.
Write a short note on Public Interest Litigation Principle of Supreme Court?
The Principle of Public Interest litigation is a newly developed idea to impart true, fair and speedy justice to the poor, uneducated and helpless citizens of the country. the essence of the principle is that; a poor Indian is not in a position to go to the courts of law and file a petition for the solution of his grievances.
But according to this principle, any conscious citizen or any voluntary organization can file a petition in the court and can send letters or telegrams explaining the grievances or behaviour of the aggrieved party and the court will take immediate steps on the petition in the name of Public Interest Litigation.
What is the constitutional status of the Supreme Court of India?
The Supreme Court of India is the apex judiciary in the country which imparts free, fair and impartial justice to the citizens. It is the federal judiciary which settles all disputes arising between the Centre and States. It is the defender of the fundamental rights of the citizens and the custodian of the Constitution. It is the final interpreter of the Constitution and the law. Exercising the power or judicial review it can impose a check on the authority of the legislature and executive
What is Judicial review?
Judicial review is a special power of the Supreme Court to judge the constitutional validity of a law passed by the Parliament and an ordinance proclaimed by the executive. Exercising this power the court examines whether the law of the Parliament or state Icgislaiure conforms to the Constitution or not.
If anything violates the Constitution or its spirit it immediately declares such laws null and valid. The constitution is the Supreme Law of the land and nobody in the country is capable of violating it. The Supreme Court is there to apply the doctrine of judicial review to protect the Constitution.
The Scope of judicial review ¡n India is limited. Examine?
In comparison to the judicial review power of the American Supreme Court, the scope of judicial review in India is limited. The Indian Constitution does not accept the doctrine of judicial supremacy and the power of judicial review is hedged with two many considerations. The court can not question the legality of an Act, but can only examine whether it runs counter to the Constitution or not.
The Indian Supreme Court while examining a law or fact applies the procedure established by law and seeks to fiñd out whether the law conforms to the earlier legislations and constitutional provisions or not. It can not go beyond limitations, hence its authority is limited.
What role does the Supreme Court play in the Indian Constitutional System?
The Supreme Court of India plays an important role in the Constitutional System. It is responsible to see that laws are fairly administered and justice is denied to none. It maintains uniformity in constitutional, civil and criminal laws. It acts as the guardian of the Constitution and defender of the fundamental rights of the citizens. It is the saviour of the federation and the final interpreter of the constitution. It is the highest court of appeal in India in all civil, criminal and constitutional disputes. It acts as the balancing wheel of the constitution.
How the Constitution has secured the independence of the Supreme Court?
The Constitution has secured the independence of the Supreme Court in the following ways. The Judges are appointed on the basis of ability and experience. Once appointed they can not be removed except through the rigid process of impeachment. The Judges are highly paid and their salaries can not be reduced to their disadvantage during their tenure of office. The Judges after retirement are prohibited from practising in any lower Court in India. The activities of the Judges arc free from public criticism and they are according to higher social status in comparison to other citizens.
What are the qualifications prescribed for a Judge?
A Judge of the High Court is required to possess the following qualifications.
- He/She must be a citizen of India.
- He/She must have held a judicial office there in India for at least lO years.
- He/She must have been an advocate of a High Court for at least 10 years.
How are Judges of the High Court appointed?
The Judges of the High Court are appointed by the President of India. The President before the such appointment has to consult the Chief Justice of India, the Governor of State and the Chief Justice of the concerned High Court.
How can a Judge of the High Court be removed?
A Judge of the High Court can be removed from his office by the President if a motion is passed in both the Houses of Parliament by a majority of the total membership of the House by the majority of not less than 2/3rds of the members present and voting. Such a motion can be brought against a Judge only on the ground of proven misconduct and incapacity. At least one hundred members of the Lok Sabha and 50 members of the Rajya Sabha should initiate the charge and it after investigation it is supported by the required members the President shall order the removal of a Judge.
What constitutes the original jurisdiction of High Court?
The original jurisdiction of the High Court extends to the following cases: Cases relating to the admiralty, probate, matrimonial and contempt of courts. Election disputes of the Parliament and State Legislatures. Enforcement of fundamental rights.
What are the features of Judicial Activism?
Judicial Activism is a type of judicial pressure upon the executive and legislature to bring socio-political change. It works against corruption, injustice exploitation and the decline of democratic values. The judiciary interferes in the sphere of the executive and legislature to avoid theirs actions and inefficiency. It is not constitutional but it helps in the working of the constitution. It helps, the judiciary to interfere in the working of autonomous bodies. It is different from and superior to judicial review.
What are the causes of Judicial Activism?
The causes of judicial activism arc;
- Increase in the number of cases in administrative matters;
- Maximum delegation of legislative power to the executive by the legislature;
- Judicial control over discretionary powers;
- Extension of judicial review over administration.
- Growing trust of the people on the judiciary;
- Negligence of executive and legislative branches, etc.
What Is ministerial responsibility?
The concept of ministerial responsibility is the very backbone of a Parliamentary Govt. The council of ministers, for all its pol ideas and actions, remains accountable to the Pari Lamont. The ministers remain responsible for all acts to the Head of State. The minister is individually responsible for all acts of his Department. The council of ministers as a whole remain responsible to the Parliament for all acts of omission and commission. they collectively defend the policies and decisions of the cabinet.
What are the unique characteristics of the Indian Judicial System?
There is a single integrated judiciary in India; It remains independent from the influence of both executive and legislature. The judiciary acts as the final interpreter of the constitution. There are joint-High Courts for two or more states. The judiciary acts as the guardian of the constitution and of fundamental rights.
What is Judicnil activism?
Judicial Activism is a modem term in use, which means the pro-active character of the judiciary Nowadays with the increasing politicization of society the executive and legislature more often neglect their duty as a result of which the society, the nation and some innocent people suffer loss. Under these circumstances, the judiciary has become active in dictating the other two organs of Govt. about their responsibility towards society. As a result, the system of Lok Adalats. & Public Interest Litigations have developed.
What are Fast Track Courts?
The Union Govt. on the recommendation of the 11th Finance Commission in April 2000, has decided to set up Fast Track Courts all over the country. These courts are expected to provide speedy justice. The retired Judges are selected by High Court and appointed on an Adhoc basis. for two years, These courts are expected to cut down judicial delays and expenses.
What Is the constitutional status of the High Court?
The High Court occupies an important place in the Indian judicial system. It is a part of our Integrated judicial system. It is created by the constitution and. functions in accordance with the provisions of the constitution. It enjoys full autonomy in its Working, but the Supreme Court exercises administrative and judicial control over it.
Name the units Issued by the Supreme Court for the protection of Fundamental Rights?
The Supreme Court issued the following writs for the enforcement of fundamental rights.
- Writ of Habeas Corpus