Q. Consider the following statements:

  1. The Election Commission of India is a five-member body.
  2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
  3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 3 only

Answer: (d) 3 only

Election commission:
  • The Election Commission of India is an autonomous constitutional body responsible for administering Union and State election processes in India.
    • The Election Commission was established in accordance with the Constitution on 25th January 1950.
  • The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
  • Article 324 to 329 of the constitution deals with powers, function, tenure, eligibility, etc of the commission and the member.
  • The election commission has three election commissioners, one Chief Election Commissioner and two Election Commissioners.
    • Originally the commission had only a Chief Election Commissioner. It currently consists of Chief Election Commissioner and two Election Commissioners.
    • For the first time two additional Commissioners were appointed on 16th October 1989 but they had a very short tenure till 1st January 1990. Later, on 1st October 1993 two additional Election Commissioners were appointed. The concept of multi-member Commission has been in operation since then, with decision making power by majority vote.
  • The President appoints Chief Election Commissioner and Election Commissioners.
  • They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
  • They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
  • The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge for by Parliament
  • Election commission decides the election schedule for the conduct of both general elections and bye-elections. 
  • It also decides the disputes relating to splits/mergers of recognized political parties.
  • It prepares electoral roll, issues Electronic Photo Identity Card (EPIC).
  • It grants recognition to political parties & allots election symbols to them along with settling disputes related to it.
  • It issues the Model Code of Conduct in the election for political parties and candidates.
  • It sets limits of campaign expenditure per candidate to all the political parties.

Q. Which one of the following is not a feature of Indian federalism?

(a) There is an independent judiciary in India.

(b) Powers have been clearly divided between the Centre and the States,

(c) The federating units have been given unequal representation in the Rajya Sabha.

(d) It is the result of an agreement among the federating units.

Answer: (d) It is the result of an agreement among the federating units.

Indian Federalism:
  • Federalism refers to a system of government in which power is divided between a central authority and various constituent units, such as states or provinces. 
  • In India, the constitution divides powers and responsibilities between the central government and the state governments. The division of powers is further enhanced by a third tier of government, the local self-government. 
  • Federalism in India allows for both national unity and regional diversity, as it allows the central government to implement policies that apply uniformly throughout the country while also allowing the states to tailor policies to meet the specific needs of their regions.
  • India is a federal system but with more tilt towards a unitary system of government. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system.
  • Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’.
  • The word federation is not mentioned in the constitution.
  • Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between the centre and the states: there are three lists are given in the Seventh Schedule of the Constitution i.e. Union List, State List and Concurrent List.
  • The supremacy of the constitution. The constitution is the supreme law in India.
  • Independent judiciary – the constitution provides for an independent and integrated judiciary.
  • States are given unequal representation in the Rajya Sabha on the basis of population. Hence, the membership varies from 1 to 31 for a different state.
  • The Indian federation is not the result of an agreement among the states, unlike the American federation.
Federal provisions under the Indian Constitution
  • Indian Constitution establishes dual polity (Article 1 read with Part V and Part VI) and the division of powers between them (Article 246 read with the 7th Schedule).
  • The states have the same authority over the state list during ordinary times as the union has over the union list. Part VI of the Indian Constitution provides for the states of the Indian Union with independent constitutional existence.
Article 1India, that is Bharat, shall be a union of states. 
Article 79Parliament is constituted with two chambers, namely the Lok Sabha and the Rajya Sabha. The Rajya Sabha is designed to function as a representative body for the states in the Indian federal system.
Article 131The Supreme Court in India is independent and is the sole arbitrator of disputes between federal constituents of the centre and states.
Article 246Distribution of legislative subjects between the Union and the State governments, listed under the union, the state, and the concurrent list.
Article 368Provides for 2 types of amendment processes, making the Constitution of India a unique mixture of rigidity and flexibility. Also, the federal provisions of the Constitution can be amended with the concurrence of at least half of the state legislatures.

Q. Democracy’s superior virtue lies in the fact that it calls into activity

(a) the intelligence and character of ordinary men and women.

(b) the methods for strengthening executive leadership.

(c) a superior individual with dynamism and vision.

(d) a band of dedicated party workers.

Answer: (a) the intelligence and character of ordinary men and women.

Notes:
  • Democracy is a form of government in which people elect their representatives by exercising their vote.
  • The take-off point for a democracy is the idea of consent, i.e. the desire, approval and participation of people.
  • It is the decision of people that creates a democratic government and decides about its functioning.
  • Since a democracy requires decision-making by the people by exercising their vote, the process involves people’s intelligence and character.
  • According to John Stuart Mill the object of government according to Mill’s views, being the attainment of values and virtues in men, their self-development, it is essential that the government should be of those whose self development is being sought.

Q. Local self-government can be best explained as an exercise in

(a) Federalism

(b) Democratic decentralization

(c) Administrative delegation

(d) Direct democracy

Answer: (b) Democratic decentralization

Local Self Government:
  • Local Self Government is the management of local affairs by such local bodies who have been elected by the local people.
  • The local self-Government includes both rural and urban government.
  • Local self-government has the two core guiding principles i.e. Decentralization and grassroots empowerment.
  • It is the third level of the government. It is under the 73rd and 74th constitutional amendment.
  • Local self-government bodies are political entities. These bodies are elected directly or indirectly by people and which are managed by their representatives.
  • There can be no direct democracy as in direct democracy all decisions are made directly by the people.
  • The foundational principles of local self-government in India are based on the idea of community participation, decentralization of power, transparency, and accountability, Responsiveness to local needs, independent and autonomous, democratic governance.
Rural Local Governments
  • Panchayati Raj Institution (PRI) is a system of rural local self-government in India.
  • PRI was constitutionalized through the 73rd Constitutional Amendment Act, 1992 to build democracy at the grass roots level and was entrusted with the task of rural development in the country.
    • This act has added a new Part-IX to the Constitution of India. This part is entitled as ‘The Panchayats’ and consists of provisions from Articles 243 to 243 O.
    • In addition, the act has also added a new Eleventh Schedule to the Constitution. This schedule contains 29 functional items of the panchayats. It deals with Article 243-G.
  • In its present form and structure PRI has completed 30 years of existence. However, a lot remains to be done in order to further decentralization and strengthen democracy at the grass root level.
Urban Local Governments
  • Urban Local Governments were established with the purpose of democratic decentralisation.
  • There are eight types of urban local governments in India – Municipal Corporation, Municipality, Notified Area Committee, Town Area Committee, Cantonment Board, township, port trust, special purpose agency.
  • At the Central level the subject of ‘urban local government’ is dealt with by the following three Ministries.
    • The Ministry of Urban Development was created as a separate ministry in 1985 (now Ministry of Housing and Urban Affairs).
    • Ministry of Defense in the case of cantonment boards.
    • Ministry of Home Affairs in the case of Union Territories.
  • The 74th Amendment Act pertaining to urban local government was passed during the regime of P.V. Narsimha Rao’s government in 1992. It came into force on 1st June, 1993.
    • Added Part IX-A and consists of provisions from articles 243-P to 243-ZG.
    • Added 12th Schedule to the Constitution. It contains 18 functional items of Municipalities and deals with Article 243 W.

Q. Consider the following statements:

A Constitutional Government is one which

  1. Places effective restrictions on individual liberty in the interest of State Authority
  2. Places effective restrictions on the Authority of the State in the interest of individual liberty

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Notes:
  • The Constitutional Government is defined by the existence of a constitution.
  • It can be a legal instrument or merely a set of fixed principles generally accepted as the fundamental law of the polity, that effectively controls the exercise of political power.
  • In a constitutional government, the constitution is the supreme law of the land. Nothing can contradict it.
  • Most constitutions not only specify how the government is to be structured but also guarantee citizens a number of rights and liberties. 
  • The idea behind constitutionalism is the control of power by its distribution among several state offices. The power is delegated to state offices but the central power remains with the main government.
  • The Constitutional Government places effective restrictions on the Authority of the State in the interest of individual liberty.
  • The citizens have the freedom to live and work in a society as they want. However, the citizens are abided by certain rules to follow for the betterment of the overall functions of the society.
  • That is why citizens are given the fundamental rights that no one can deprive them of.
Types of Constitutional Governments
  • There are two main types of constitutional government in the world: unitary and federal.
  • Unitary Government:
    • A unitary constitutional government is one in which there is a strong central government and no real regional or state governments.
    • France is an example of a country that has this sort of government.
    • One of the benefits of a unitary style of government is that it provides for national cohesion. There is uniformity throughout the country with regard to laws, economic policy, etc. Unitary governments are often less bureaucratic due to the fact that there are no regional or state government agencies that need to interact and coordinate with the federal government.
    • One of the major downsides to unitary government is that it concentrates a great deal of power in one place. This can lead to animosity among people in certain regions.
    • Besides France, other countries with unitary styles of government include:
      • Italy
      • Sweden
      • The Netherlands
      • Poland
      • New Zealand
      • Japan
  • Federal Government:
    • In contrast to unitary governments, federal governments cede a great deal of power to their regions, provinces, cantons, or states. Supreme authority in federal systems rests in the federal government, but regional governments are allowed, to varying degrees, to make their own laws and pursue their own government policies.
    • The degree of autonomy found in regions, provinces, cantons, or states varies from one country to another.
    • Switzerland, for example, grants its cantons enormous independence to set their own laws. One reason for this is that different cantons use different official languages.
    • One of the main disadvantages to a federal government is that it increases bureaucracy.

Q. Which one of the following objectives is not embodied in the Preamble to the Constitution of India?

(a) Liberty of thought

(b) Economic liberty

(c) Liberty of expression

(d) Liberty of belief

Answer: (b) Economic liberty

Notes:
  • The Preamble to the Indian Constitution refers to the introduction or preface to the Indian Constitution.
  • As a text containing the essence of the Constitution, it is a reflection of the nation’s identity, its democratic ethos, and its foundational principles.
  • The preamble of the Indian Constitution provides for the liberty of thought, expression, belief, faith, and worship.
  • There was no Economic liberty embodied in the preamble.
  • The preamble declares India as a sovereign, socialist, secular, and democratic republic.
  • The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens, and promote fraternity to maintain unity and integrity of the nation.
Preamble to the Indian Constitution

Q. The mind of the makers of the Constitution of India is reflected in which of the following?

(a) The Preamble

(b) The Fundamental Rights

(c) The Directive Principles of State Policy

(d) The Fundamental Duties

Answer: (a) The Preamble

The Preamble:
  • A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.
  • In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
  • The preamble basically gives idea of the following things/objects:
    • Source of the Constitution
    • Nature of Indian State
    • Statement of its objectives
    • Date of its adoption
  • It is a borrowed feature from the Constitution of the USA.
  • The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.
  • Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.
  • The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act.
    • It added three new words Socialist, Secular, and Integrity.
Objectives of the Indian Constitution
  • The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation.
    • The main objective of the Indian Constitution is to promote harmony throughout the nation.
  • The factors which help in achieving this objective are:
    • Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political.
      • Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
      • Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
      • Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.
    • Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.
    • Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.
    • Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.
  • Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the notion of a happy life and which can not be taken from each other.
    • Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.
    • Without equality, liberty would produce the supremacy of the few over the many.
    • Equality without liberty would kill individual initiative.
    • Without fraternity, liberty would produce the supremacy of the few over the many.
    • Without fraternity, liberty and equality could not become a natural course of things.

Q. Right to vote and to be elected in India is a

(a) Fundamental Right

(b) Natural Right

(c) Constitutional Right

(d) Legal Right

Answer: (c) Constitutional Right

Notes:
  • The concept of rights originated from the voice of protest against oppression perpetrated by the dominant group in society.
  • Rights are meant to safeguard an individual from the irresponsible and arbitrary use of power by the state or the ruling class.
  • The Constitution of India, 1950 is one such supreme law of the land that contains various essential rights. It consists of fundamental rights, directive principles of state policy (DPSP), fundamental duties, etc.
  • In India, a citizen of 18 years has a “constitutional right” to vote.
  • National Voters’ Day is celebrated on 25th January every year since the year 2011, to mark the Election Commission’s foundation day.
  • According to the Indian Constitution, all citizens above the age of 18 in the country have the “Right to Vote”.
  • Voters also have full right not to vote. This right is called NOTA (None of the Above).
Constitutional rights
  • Constitutional rights, as the name suggests, are a set of rights specifically stipulated in the Constitution of a nation. These are the rights conferred on every citizen of the country, as we have adopted this Constitution and the rights thereunder for ourselves.
    • The Preamble of the Indian Constitution is proof of this fact and expressly states that “We, the people of India ……do hereby adopt, enact and give to ourselves this Constitution.”
  • Unlike fundamental rights, which are granted to everyone without any discrimination on the grounds of age, sex, place of birth, etc., constitutional rights are not granted to everyone.
  • For instance, the right to vote is a constitutional right guaranteed under Article 326 for Indian citizens over 18 years of age, Right to property (Article 300A), Right to approach High Court for violating fundamental rights or any other legal rights.
  • Constitutional rights can be roughly classified into four categories namely,
    • (i) civil rights;
    • (ii) political rights;
    • (iii) economic rights; and
    • (iv) social rights
  • Civil rights
    • Civil rights are those rights, powers, immunities, and privileges that are conferred on citizens of any nation by virtue of being citizens.
    • Civil rights are given to everyone regardless of their gender, class, caste, creed, race, ethnicity, religion, nationality, or any other personal character. It is being conferred to all the citizens residing within the territorial boundaries of a country for their peaceful and dignified existence.
      • In the case of Hussainara Khatoon and Ors. v. Home Secretary, State of Bihar (1979), a PIL was filed in the Apex Court on the basis of news reports of a mass of undertrials being kept in the jails of Bihar for the period extending the actual imprisonment that might be awarded. The issue of contention in this case was whether the right to speedy trials is part of Article 21.
      • A single judge bench of P. N. Bhagwati has held that “the State is under a constitutional mandate to ensure speedy trial”. Further, the Court held that the right to speedy trials is part of Article 21 as well as Article 14, which is about equal justice, and is also a compulsion of the constitutional directive embodied in Article 39A.
    • Certain examples of civil rights guaranteed under the Indian Constitution, inter alia, include:
      • Right to vote (Article 325 and Article 326)
        • Every citizen of the country who is 18 years of age or older will have the right to vote without any discrimination on the basis of religion, race, caste, or sex.
      • Right to a fair trial and speedy (Article 20 and Article 21)
        • The provisions of Article 20 grant every citizen the right to a fair trial. In other words, rights against self-incrimination, rights against ex-post facto laws, and rights against double jeopardy. To learn more about a fair trial, refer here.
      • The right to be part of government services (Article 309);
      • The right to public education (Article 21A and Article 45); and
      • The right to use public facilities (Article 21)
  • Political rights
    • The rights by which citizens of a country participate in the political agendas of the country, including that of the management of government, are known as political rights.
    • Some of the important political rights granted under the Indian Constitution include the right to criticise the government, the right to vote, the right to contest elections, the right to public offices, the right to form political parties, the reservation of seats for certain classes in Parliament and legislative assemblies, etc.
  • Economic rights
    • Economic rights are those rights guaranteed under the Constitution to ensure the economic security of every citizen.
    • Economic rights include the right to work, the right to a good working environment, the right to proper wages, the right to food, etc.
  • Social rights
    • Social rights are those rights that are important to fulfil societal demands and promote social inclusion and solidarity.
    • Social rights under the Indian Constitution include right to healthcare services, right to access to social protection, right to employment, right to free legal aid, social rights for minority social groups, etc.

Q. Which of the following are envisaged by the Right against Exploitation in the Constitution of India?

  1. Prohibition of traffic in human beings and forced labour
  2. Abolition of untouchability
  3. Protection of the interests of minorities
  4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4

Answer: (c) 1 and 4 only

Right against Exploitation:
  • The Right Against Exploitation, enshrined as a fundamental right in the Indian Constitution, plays a crucial role in ensuring human dignity, freedom, and social justice.
  • It prohibits practices that lower the dignity of human beings. The essence of this right lies in safeguarding the dignity, freedom, and well-being of every individual, particularly vulnerable segments of society, by ensuring that they are not subjected to coercion, abuse, or dehumanization.
  • This right acts as a guardian which protects the individual from the shackles of forced labor, human trafficking, and child exploitation.
  • The detailed provisions related to the Right Against Exploitation contained in Articles 23 to 24 of the Constitution.
Prohibition of Trafficking in Human Beings and Forced Labor (Article 23)
  • This provision prohibits trafficking in human beings, and all forms of forced labor such as begar, bonded labor, etc. Any violation of this provision shall be an offense punishable by law.
  • This right is available to both citizens and non-citizens.
  • It protects the individuals not only against the actions of the State but also against the actions of private persons.
  • Traffic in Human Beings:
    • The expression ‘Traffic in Human Beings’ includes the following activities:
      • selling and buying of men, women, and children as commodities,
      • immoral trafficking in women and children, including prostitution,
      • the practice of devadasis,
      • the practice of slavery, etc.
    • To punish these Acts, the Parliament has enacted the Immoral Traffic (Prevention) Act of 1956.
  • Forced Labour:
    • Forced Labour: The term ‘forced labor’ means compelling a person to work against his/her will by using physical force, legal force, or compulsion of economic circumstances such as working for less than minimum wages. Some examples of Forced Labour include Begar, Bonded Labour, etc.
    • Begar: The term ‘begar‘ refers to a peculiar form of forced labor that was prevalent in India during the time of the Zamindari System. Under it, the local zamindars used to force their tenants to render services without any payment or remuneration.
    • The following laws enacted by the Parliament prevent and punish various forms of forced labor:
      • Bonded Labour System (Abolition) Act, 1976,
      • Minimum Wages Act, 1948,
      • Contract Labour Act, 1970,
      • Equal Remuneration Act, 1976.
    • Exception: An exception to this provision is that the state can impose compulsory service for public purposes such as military service, social service, etc, for which it is not bound to pay. However, in imposing such service, the state cannot discriminate based only on grounds of religion, race, case, or class.
Prohibition of Employment of Children in Factories, etc. (Article 24)
  • This provision prohibits the employment of children under the age of 14 in factories, mines, or other such hazardous activities.
    • However, it does not forbid their employment in harmless or non-hazardous activities.
  • The Parliament has enacted the following laws to implement this provision:
    • Child Labour (Prohibition and Regulation) Act, 1986 and its further amendments.
    • Employment of Children Act, 1938
    • Factories Act, 1948
    • Mines Act, 1952
    • Merchant Shipping Act, 1958
    • Plantation Labour Act, 1951
    • Motor Transport Workers Act, 1951
    • Apprentices Act, 1961
    • Bidi and Cigar Workers Act, 1966
  • Some other initiatives taken by the government in this direction include:
    • The creation of a Child Labor Rehabilitation Welfare Fund in which the offending employer deposits a specified amount of fine for each child employed by him.
    • National Commission and State Commissions for the Protection of Child Rights have been established.
    • Children’s Courts have been established for speedy trial of offenses against children.

Q. One of the implications of equality in society is the absence of

(a) Privileges

(b) Restraints

(c) Competition

(d) Ideology

Answer: (a) Privileges

Notes:
  • The term ‘equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.
    • Article 18 of the constitution abolishes titular privileges (except military or academic) granted to citizens of India. 
    • By abolishing the institutional system of inequality and privilege, equality in society can be preserved.
  • Restraints which is controlling someone or restraining the actions of someone.
    • Thus restraints are contrary to equality which also curtails the liberty of a person.
  • Competition occurs for the purpose of progress in an activity/institutions / Business. It is unrelated to equality.
  • Ideology is a set of beliefs or principles of an institution/group of people of a society.
    • Ideology is of many types namely political ideologies like Democracy, Communism, and so on.

Q. Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?

(a) Equal pay for equal work for both men and women

(b) Participation of workers in the management of industries

(c) Right to work, education and public assistance

(d) Securing living wage and human conditions of work to workers

Answer: (b) Participation of workers in the management of industries

Forty Second Amendment Act, 1976
  • Added three new words (i.e., socialist, secular and integrity) in the Preamble.
  • Added Fundamental Duties by the citizens (new Part IV A).
  • Made the president bound by the advice of the cabinet.
  • Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
  • Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001 – Population Controlling Measure
  • Made the constitutional amendments beyond judicial scrutiny.
  • Curtailed the power of judicial review and writ jurisdiction of the Supreme Court and high courts.
  • Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years.
  • Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights.
  • Empowered the Parliament to make laws to deal with anti-national activities and such laws are to take precedence over Fundamental Rights.
  • Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries and protection of the environment, forests, and wildlife.
  • Facilitated the proclamation of national emergency in a part of the territory of India.
  • Extended the one-time duration of the President’s rule in a state from 6 months to one year.
  • Empowered the Centre to deploy its armed forces in any state to deal with a grave situation of law and order.
  • Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts.
  • Did away with the requirement of quorum in the Parliament and the state legislatures.
  • Empowered the Parliament to decide from time to time the rights and privileges of its members and committees.
  • Provided for the creation of the All-India Judicial Service.
  • Shortened the procedure for disciplinary action by taking away the right of a civil servant to make representation at the second stage after the inquiry (i.e., on the penalty proposed).

Q. Which one of the following statements is correct?

(a) Rights are claims of the State against the citizens.

(b) Rights are privileges which are incorporated in the Constitution of a State.

(c) Rights are claims of the citizens against the State.

(d) Rights are privileges of a few citizens against the many.

Answer: (c) Rights are claims of the citizens against the State.

Notes:
  • Rights are claimed by the citizens against the state has to protect the citizens from oppression by society.
  • The state cannot claim or demand against the citizens, because it takes away the rights of individuals and restraint them.
  • The constitution has no concept of special privileges which will create inequality in the society.
  • As per article 18, except for military and academic distinctions, no other citizens have titular privileges.
What are Rights?
  • A right is essentially an entitlement or a justified claim. It denotes what we are entitled to as citizens, as individuals and as human beings. It is something that we consider to be due to us; something that the rest of society must recognise as being a legitimate claim that must be upheld.
  • Rights are primarily those claims that I along with others regard to be necessary for leading a life of respect and dignity. In fact, one of the grounds on which rights have been claimed is that they represent conditions that we collectively see as a source of selfrespect and dignity.
  • In simple language, Rights are the claim of a citizen which the society recognizes to be necessary for his upliftment and the welfare of all, and is enforced by the power of the state.

Civil Rights:

  • These rights are essential for a free and progressive life. They concern the life and property of the individual. Without these rights civilized life is impossible.
    • Right to life
    • Right to property
    • Right to work
    • Right to contract
    • Right to free movement
    • Right to free expression
    • Right to worship
    • Right to language and culture

Political Rights

  • Political rights are bestowed upon the citizenry to participate in the political arena of life i.e.
    • Right to vote
    • Right to be elected
    • Right to Public Office
    • Right to petition
    • Right to criticize and discuss the government
    • Right to receive protection while staying abroad

Q. Consider the following statements:

With reference to the Constitution of India, the Directive Principles of State Policy constitute limitations upon

  1. legislative function
  2. executive function

Which of the above statement(s) is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:
  • The Directive Principles of State Policy (DPSP), as a unique feature of the Indian Constitution, aims to guide the nation toward the establishment of a just and equitable society.
  • The Directive Principles of State Policy (DPSP) in the Indian Constitution are not enforceable by the courts and do not constitute limitations on any specific government function, legislative, judicial, or executive.
  • Instead, they are guidelines for the state to frame policies and legislation that promote social and economic justice.
  • While they provide a broad framework for governance, they are not justiciable, meaning that the courts cannot enforce them in the same manner as fundamental rights.
Salient features of the Directive Principles of State Policy (DPSP):
  • Constitutional Instructions: They denote the constitutional instructions to the State in dealing with legislative, executive, and administrative matters. Thus, they serve as ideals to be kept in mind by the state while formulating policies and enacting laws.
  • Non-Justiciable: Unlike the Fundamental Rights, which are legally enforceable, the DPSPs are non-justiciable. Thus, they are not legally enforceable by the courts for their violation and the governments cannot be compelled to implement them.
  • Aimed at Welfare State: They aim at realizing the ideals of Justice, Liberty, Equality, and Fraternity as envisaged in the Preamble to the Indian Constitution. Thus, they embody the concept of a ‘Welfare State’.
  • Aimed at Socio-Economic Democracy: They constitute very comprehensive economic, social, and political programs that seek to establish socio-economic democracy in the country. Thus, they aim to establish a modern democratic state.
  • Promote Good Governance: They allow for adaptation and innovation in governance to meet the objectives of socio-economic development. Thus, they promote good governance practices.
  • Resemblance to ‘Instrument of Instructions’: As noted by Dr. Ambedkar, they resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.
  • Aids Judiciary: Though non-justiciable, they help the courts in examining and determining the constitutional validity of a law.
    • As ruled by the Supreme Court, in determining the constitutionality of any law, if a court finds that the law in question seeks to give effect to a Directive Principle, it may consider such law to be ‘reasonable’ in relation to Article 14 (Equality before Law and Equal Protection of Laws) or Article 19 (Protection of Six Freedoms).

Q. Which of the following statement(s) is/are true of the Fundamental Duties of an Indian citizen?

  1. A legislative process has been provided to enforce these duties.
  2. They are correlative to legal duties.

Select the correct answer using the code given below:

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Fundamental Duties:
  • In the context of a nation, the Fundamental Duties of Indian Constitution refer to a set of duties prescribed for the citizens of that nation.
  • They act as a reminder to the citizens that in addition to the enjoyment of rights, they also have to perform certain duties towards the nation they live in.
  • In essence, Fundamental Duties can be summarised as a set of moral and ethical obligations that citizens are expected to uphold towards a nation.
  • The idea of Fundamental Duties is inspired from the Constitution of Russia.
  • These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional Amendment Act, 1976 on the recommendations of Swaran Singh Committee.
  • Article 51A in Part IV-A provides eleven Fundamental Duties of Indian Constitution.
  • Originally 10 in number, one more duty was added through the 86th Constitutional Amendment Act, 2002. All the eleven duties are listed in Article 51-A of the Constitution (the sole Article in Part-IV-A).
  • The fundamental duties serve as a reminder to citizens that while enjoying their rights, they have also to be quite conscious of duties they owe to their country, their society and to their fellow-citizens.
  • However, like the Directive Principles, the duties are also non-justiciable in nature.
Features of the Fundamental Duties
  • Non-Justiciable – These duties are non-justiciable, meaning they are not enforceable by law through the judiciary. However, they serve as moral obligations and guiding principles for citizens.
  • Scope of Applicability – These duties are confined to citizens only and do not extend to foreigners.
  • Derived from Various Sources– These duties draw inspiration from various sources, including the Constitution of the erstwhile Soviet Union, the thoughts of Mahatma Gandhi, and other constitutional experts. They reflect a blend of national and international values.
  • Directive Nature – These duties guide the behavior and conduct of citizens and serve as a moral compass for shaping a responsible and law-abiding society.
  • Codification of Indian Values – They refer to values that have been a part of Indian traditions and practices. Thus, they essentially are a codification of tasks integral to the Indian way of life.
  • Moral and Civic – Some of them are moral duties e.g. cherishing noble ideals of national freedom struggle, while others are civic duties e.g. respecting the Constitution.

Q. In the context of India, which one of the following is the correct relationship between Rights and Duties?

(a) Rights are correlative with Duties.

(b) Rights are personal and hence independent of society and Duties.

(c) Rights, not Duties, are important for the advancement of the personality of the citizen.

(d) Duties, not Rights, are important for the stability of the State.

Answer: (a) Rights are correlative with Duties.

Notes:
  • Rights are defined as claims of an individual that are essential for the development of his or her own self and that are recognized by society or the State. A duty is something that someone is expected or required to do. Rights and duties are interdependent. 
  • Rights are what one want others to do for him/her, whereas duties are those acts that one should perform for others. Thus, a right comes with an obligation to show respect for the rights of others. The obligations that accompany rights are in the form of duties.
  • Rights and duties are closely related and cannot be separated from one another. One cannot enjoy a right if others do not obey their duties.
  • The State protects and enforces rights and it is the duty of all citizens to be loyal to the state. 

Q. Consider the following statements:

  1. In the election for Lok Sabha or State Assembly, the winning candidate must get at least 50 percent of the votes polled, to be declared elected.
  2. According to the provisions laid down in the Constitution of India, in Lok Sabha, the Speaker’s post goes to the majority party and the Deputy Speaker’s to the Opposition.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Notes:
  • India has first past the post system of election for Lok Sabha or State Assembly, wherein a candidate who wins the election may not (need to) get majority (50%+1) votes.
    • Also, the constitution of India has adopted the system of territorial representation for the election of members to the Lok Sabha or State Assembly.
    • Under this system, MP or MLA represents a geographical area known as a constituency.
    • From each constituency, only one representative is elected.
    • Hence such a constituency is known as a single-member constituency.
    • In this system, a candidate who secures the majority of votes is declared elected.
  • Till 10th Lok Sabha, both the Deputy Speaker and the Speaker were usually from the ruling party.
    • From the 11th Lok Sabha, there has been a consensus that the post of Deputy Speaker goes to the main opposition party and the Speaker comes from the ruling party (or ruling alliance).
    • Meaning it’s an ‘informal consensus‘ among political parties and not Constitutional provision.
Deputy Speaker:
  • History:
    • The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions of the Government of India Act of 1919 (Montague-Chelmsford Reforms).
    • In 1921, Frederick Whyte and Sachidanand Sinha were appointed by the Governor-General of India as the first Speaker and the first Deputy Speaker (respectively) of the Central Legislative Assembly.
    • At that time, the Speaker and the Deputy Speaker were called the President and Deputy President, respectively, and the same nomenclature continued till 1947.
    • Mavalankarand Ananthasayanam Ayyangar had the distinction of being the first Speaker and the first Deputy Speaker (respectively) of the Lok Sabha.
  • Constitutional Provision w.r.t. Office of Deputy Speaker:
    • Article 93 of the Constitution says that the House of the People (Lok Sabha) shall choose two members of the House to be, respectively, Speaker and Deputy Speaker.
    • The article also says that when the office of Speaker/Deputy Speaker becomes vacant, the House shall choose another member to be Speaker or Deputy Speaker.
  • Election of Deputy Speaker:
    • Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from amongst its members.
    • He is elected after the election of the Speaker has taken place.
    • The date of election of the Deputy Speaker is fixed by the Speaker.
  • Term of Office:
    • Like the Speaker, the Deputy Speaker remains in the office usually during the life of the Lok Sabha. However, he may vacate his office earlier in any of the following three cases –
      • if he ceases to be a member of the Lok Sabha;
      • if he resigns by writing to the Speaker; and
      • if he is removed by a resolution passed by a majority of all the then members of the Lok Sabha. Such a resolution can be moved only after giving 14 days’ advance notice.
  • Role/Power of Deputy Speaker:
    • The Deputy Speaker performs the duties of the Speaker’s office when it is vacant.
    • He also acts as the Speaker when the latter is absent from the sitting of the House. In both cases, he assumes all the powers of the Speaker.
    • Deputy Speaker is not subordinate to the Speaker. He is directly responsible to the House.
    • He also presides over the joint sitting of both Houses of Parliament in case the Speaker is absent from such a sitting.
    • The Deputy Speaker has one special privilege, that is, whenever he is appointed as a member of a parliamentary committee, he automatically becomes its chairman.
    • When the Speaker presides over the House, the Deputy Speaker is like any other ordinary member of the House. He can speak in the House, participate in its proceedings, and vote on any question before the House.
The Office of the Speaker: Lok Sabha
  • The Lok Sabha, which is the highest legislative body in the country, chooses its Speaker who presides over the day to day functioning of the House.
  • Electing the Speaker of the Lok Sabha is one of the first acts of every newly constituted House.
  • Election of Office of the Speaker:
    • Criteria: The Constitution of India requires the Speaker should be a member of the House.
      • Although there are no specific qualifications prescribed for being elected the Speaker, an understanding of the Constitution and the laws of the country is considered a major asset for the holder of the Office of the Speaker.
      • Usually, a member belonging to the ruling party is elected Speaker. The process has evolved over the years where the ruling party nominates its candidate after informal consultations with leaders of other parties and groups in the House.
      • This convention ensures that once elected, the Speaker enjoys the respect of all sections of the House.
    • Voting: The Speaker (along with the Deputy Speaker) is elected from among the Lok Sabha members by a simple majority of members present and voting in the House.
      • Once a decision on the candidate is taken, his/her name is normally proposed by the Prime Minister or the Minister of Parliamentary Affairs.
    • Term of Office of the Speaker: The Speaker holds Office from the date of his/her election till immediately before the first meeting of the next Lok Sabha (for 5 years).
      • The speaker once elected is eligible for re-election.
      • Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-elected Lok Sabha meets.
  • Role and Powers of Speaker:
    • Interpretation: He/She is the final interpreter of the provisions of the Constitution of India, the Rules of Procedure and Conduct of Business of Lok Sabha and the parliamentary precedents, within the House.
      • In matters regarding interpretation of these provisions, he/she often gives rulings which are respected by members and are binding in nature.
    • Joint Sitting of Both Houses: He/She presides over a joint sitting of the two Houses of Parliament.
      • Such a sitting is summoned by the President to settle a deadlock between the two Houses on a bill.
    • Adjournment of Sitting: He/She can adjourn the House or suspend the meeting in absence one-tenth of the total strength of the House (called the quorum).
    • Casting Vote: The speaker does not vote in the first instance but in the case of a tie; when the House is divided equally on any question, the Speaker is entitled to vote.
      • Such a vote is called a Casting Vote, and its purpose is to resolve a deadlock.
    • Money Bill: He/She decides whether a bill is a money bill or not and his/her decision on this question is final.
    • Disqualifying Members: It is the speaker who decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection under the provisions of the Tenth Schedule.
      • The 52nd amendment to the Indian Constitution vests this power in the Speaker.
      • In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review.
    • Chairing the IPG: He/She acts as the ex-officio chairman of the Indian Parliamentary Group (IPG) which is a link between the Parliament of India and the various parliaments of the world.
      • He also acts as the ex-officio chairman of the conference of presiding officers of legislative bodies in the country.
    • Constitution of Committees: The Committees of the House are constituted by the speaker and function under the speaker’s overall direction.
      • The Chairmen of all Parliamentary Committees are nominated by him/her.
      • Committees like the Business Advisory Committee, the General Purposes Committee and the Rules Committee work directly under his Chairmanship.
    • Privileges of the House: The Speaker is the guardian of the rights and privileges of the House, its Committees and members.
      • It depends solely on the Speaker to refer any question of privilege to the Committee of Privileges for examination, investigation and report.
  • Removal of Speaker:
    • Exceptions: Usually, the Speaker remains in office during the life of the Lok Sabha. However, under following conditions, the speaker, may have to vacate the office earlier:
      • If he ceases to be a member of the Lok Sabha.
      • If he resigns by writing to the Deputy Speaker
      • If he is removed by a resolution passed by a majority of all the members of the Lok Sabha.
    • Notification: Such a resolution can be moved only after giving 14 days’ advance notice.
      • When a resolution for the removal of the Speaker is under consideration of the House, he/she may be present at the sitting but not preside.

Q. Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?

  1. Dissolution of the State Legislative Assembly
  2. Removal of the Council of Ministers in the State
  3. Dissolution of the local bodies

Select the correct answer using the code below:

(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer: (b) 1 and 3 only

Proclamation of President rule:
  • Article 356 states that the President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery.
  • When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.
  • The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President. Hence Removal of the Council of Ministers in the State is definitely the consequence of proclamation.
  • During the president’s rule is in operation, the state executive is dismissed and the state legislature and local bodies are either suspended or dissolved. So dissolution is not ‘necessarily’ the consequence.
 Article 356:
  • Article 356 of the Constitution of India is based on Section 93 of the Government of India Act, 1935.
  • According to Article 356, President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery.
  • This is of two types:
    • If the President receives a report from the state’s Governor or is otherwise convinced or satisfied that the state’s situation is such that the state government cannot carry on the governance according to the provisions of the Constitution.
    • Article 365: As per this Article, President’s Rule can be imposed if any state fails to comply with all directions given by the Union on matters it is empowered to.
  • In simple words, the President’s Rule is when the state government is suspended and the central government directly administers the state through the office of the Governor (centrally appointed).
  • Parliamentary approval is necessary for the imposition of the President’s Rule in any state.
    • The proclamation of President’s Rule should be approved in both Houses of Parliament within two months of its issue. The approval is by a simple majority.
  • The President’s Rule is initially for a period of six months. Later, it can be extended for a period of three years with parliamentary approval, every six months.
  • The 44th Amendment to the Constitution (1978) brought in some constraints on the imposition of the President’s Rule beyond a period of one year. It says that President’s Rule cannot be extended beyond one year unless:
    • There is a national emergency in India.
    • The Election Commission of India certifies that it is necessary to continue the President’s Rule in the state because of difficulties in conducting assembly elections in the state.
  • What happens after the President’s Rule is imposed?
    • The governor carries on with the administration of the state on behalf of the President. He or she takes the help of the state’s Chief Secretary and other advisors/administrators whom he or she can appoint.
    • The President has the power to declare that the state legislature’s powers would be exercised by the Parliament.
    • The state legislative assembly would be either suspended or dissolved by the President.
    • When the Parliament is not in session, the President can promulgate ordinances with respect to the state’s administration.
  • Revocation of the President’s Rule:
    • President’s Rule can be revoked any time after such a proclamation has been made by a subsequent proclamation by the President. 
    • A proclamation of revocation does not require approval by Parliament. 

Q. Out of the following statements, choose the one that brings out the principle underlying the Cabinet form of Government:

(a) An arrangement for minimizing the criticism against the Government whose responsibilities are complex and hard to carry out to the satisfaction of all.

(b) A mechanism for speeding up the activities of the Government whose responsibilities are increasing day by day.

(c) A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.

(d) A device for strengthening the hands of the head of the Government whose hold over the people is in a state of decline.

Answer: (c) A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.

Cabinet form of government:
  • In a parliamentary democracy, the Cabinet is the highest decision-making body in the government, consisting of the Prime Minister and other senior ministers who are appointed by the head of state, usually a President or Monarch. 
  • The Cabinet is the pivot around which the whole political machinery revolves.
  • Cabinet ministers are typically members of the majority party or coalition in the parliament. The Cabinet is responsible for making and implementing policy decisions, and for coordinating the work of the government. 
  • Cabinet ministers typically meet regularly to discuss and decide on important issues facing the country. The Cabinet is responsible to the Parliament, and its members are accountable to the Parliament for their actions. 
  • The concept of cabinet in parliamentary democracy is important as it represents the executive branch of the government, responsible for implementing laws and policies and ensuring the smooth functioning of the administration.
Constitutional Status
  • The word ‘cabinet’ was added to Article 352 of the Constitution in 1978 by the 44th Constitutional Amendment Act. 
  • It was not present in the original text of the Constitution. Article 352 only mentions the Cabinet as “the council consisting of the Prime Minister and other Ministers of Cabinet rank appointed under Article 75″, and does not elaborate on its powers and functions.
  • The cabinet’s role in the political and administrative system is based on parliamentary government conventions developed in Britain.
Role and Functions of the Cabinet
  • The Cabinet in India is the highest authority for decision-making in the country’s political and administrative system.
    • It serves as the primary body for formulating government policy at the Central level.
    • The cabinet is the ultimate executive authority of the central government.
    • It also acts as the main coordinator of the Central administration.
    • The cabinet acts as an advisory body to the President, and its advice is binding on the President.
    • The cabinet is responsible for managing crisis situations and dealing with emergencies.
    • It handles significant legislative and financial matters.
    • The cabinet exercises control over high-level appointments, such as those for constitutional positions and senior secretariat administrators.
    • The cabinet is also responsible for handling all foreign policies and foreign affairs.
Kitchen Cabinet
  • The cabinet, a small group made up of the Prime Minister as its leader and several key Ministers, is the highest decision-making body in a formal sense. 
    • However, an even smaller group known as the “Inner Cabinet” or “Kitchen Cabinet” holds significant power and influence. 
    • This informal group comprises the Prime Minister and a few trusted colleagues with whom he can discuss important issues and make crucial decisions. 
    • It may also include outsiders such as friends and family members of the Prime Minister. Almost every Prime Minister in India has had a close group of advisors in the past. 
Main principles of the cabinet form of government
  • Principle of Collective Responsibility
    • The principle of collective responsibility is a cornerstone of the cabinet form of government.This principle holds that all members of cabinet being members of the Council of Ministers are jointly responsible to the Lok Sabha, meaning they must work as a team and take responsibility for their actions as a group. 
    • When the Lok Sabha passes a motion of no confidence against the council of ministers, all members of the council including cabinet must resign.
    • Additionally, the principle of collective responsibility also means that all cabinet ministers, as well as other ministers, are bound by decisions made by the Cabinet, even if they disagreed with them during the Cabinet meeting.
  • Principle of Individual Responsibility 
    • In addition to the principle of collective responsibility, Article 75 also includes the principle of individual responsibility. 
    • Individual responsibility means that cabinet ministers also serve at the pleasure of the President and can be removed by the President at any time, regardless of whether the council of ministers has the confidence of the Lok Sabha. 
    • However, such a removal would only occur on the advice of the Prime Minister. If the Prime Minister has a difference of opinion or is unhappy with the cabinet minister’s performance, he/she can request the resignation of the Cabinet Minister or advise the President to dismiss him/her.
  • Central role of the Prime Minister
    • A prime minister is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary system. He/She presides over the meetings of the Cabinet.
    • The Prime Minister can ask the President to reshuffle the portfolios of Cabinet Ministers.
    • The Prime Minister can impose his/her decision if there is any difference of opinion between the Prime Minister and other Cabinet Ministers.
    • The Prime Minister acts as a linchpin between the President and cabinet. He communicates the decisions of the Cabinet to the President.
  • Political Homogeneity
    • Political homogeneity in a parliamentary system refers to a situation where all cabinet members are from the same political party. 
    • Political homogeneity allows for efficient decision-making by the ruling government officials, who are held accountable for policies and actions within the legislature. 
    • Conversely, in a coalition government, where no single party holds power, political homogeneity is reduced.

Q. For election to the Lok Sabha, a nomination paper can be filed by

(a) anyone residing in India.

(b) a resident of the constituency from which the election is to be contested.

(c) any citizen of India whose name appears in the electoral roll of a constituency.

(d) any citizen of India.

Answer: (c) any citizen of India whose name appears in the electoral roll of a constituency.

Notes:
  • Anyone who is 25 years of age or older is eligible to contest an election to a Lok Sabha seat.
  • The candidate must be a registered elector of a constituency and a citizen of India.
  • However, if she/he is a registered voter in a particular state, she/he can contest from any seat in any state. 
  • The candidate cannot be nominated if they have been convicted for some offense and are in prison, or if s/he is out on bail, pending disposal of his/her appeal. 
  • At the time of filing a nomination, every candidate has to make a security deposit of Rs 25,000 for the Lok Sabha election.
  • Candidates belonging to Scheduled Castes and Scheduled Tribes have to pay only half the amount, Rs 12,500, as the deposit.
Checklist of documents required
Checklist of documents required

Q. With reference to the Parliament of India, consider the following statements:

  1. A private member’s bill is a bill presented by a Member of Parliament who is not elected but only nominated by the President of India.
  2. Recently, a private member’s bill has been passed in the Parliament of India for the first time in its history.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Private Member’s Bill:
  • Private Member: 
    • A member of parliament (MP) who is not a minister is a private member. 
  • Private Member Bill: 
    • The Bills introduced by private members are referred to as Private Member’s Bills. 
    • The purpose of private member’s bill is to draw the government’s attention to what individual MPs see as issues and gaps in the existing legal framework, which require legislative intervention.
      • Thus it reflects the stand of the opposition party on public matters.
  • Government Bill: 
    • The Bills introduced by ministers are called government Bills. 
    • The government bills have the backing of the government and reflect its legislative agenda. 
    • Whether the Private Bill has to be admitted or not is decided by the Speaker of the Lok Sabha or Chairperson of the Rajya Sabha.
  • Procedure: 
    • The MP who wants to move a Private Member’s Bill has to give at least a month’s notice, for the House Secretariat to examine it for compliance with constitutional provisions and rules on legislation. 
    • In case of multiple Bills, a ballot system is used to decide the sequence of bills for introduction.
    • The Parliamentary Committee on Private Member’s Bills and Resolutions goes through all such Bills and classifies them based on their urgency and importance.
    • The government bills can be introduced and discussed on any day, private member’s bills can be introduced and discussed only on Fridays.
  • Private member Bill becoming Law:
    • No Private Member’s Bill has been passed by the Parliament since 1970, according to PRS Legislative Research. 
    • So far, the Parliament has passed 14 such Bills, six of them in 1956. Some other private member bills that have become laws include-
      • Proceedings of Legislature (Protection of Publication) Bill, 1956, in the Lok Sabha;
      • The Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964, introduced by in the Lok Sabha and
      • The Indian Penal Code (Amendment) Bill, 1967 introduced in the Rajya Sabha.
    • The 16th Lok Sabha (2014-19) witnessed the highest number of Private Member Bills introduced (999) since 2000. 
    • As many as 142 members have introduced Bills in the 16th Lok Sabha, of which 34 members have introduced 10 or more Bills.
Differences Between Government Bill & Private Member’s Bill
Government BillPrivate Member’s Bill
It can be introduced and discussed on any day.It is only introduced and discussed on Fridays.
Generally, no period of notice.It requires a notice of a month before its introduction.
It reflects the policies of the Government (Ruling Party). Can be from the Ruling party or other parties.
Its rejection in the house may come to the questioning of the capacity of Government. Nothing such with Private Member’s Bill.
Such a bill cannot be introduced by individual MPs.Individual MPs (who are not Ministers) may introduce such a bill to draw the government’s attention to what they might see as issues requiring legislative intervention.

Q. The main advantage of the parliamentary form of government is that

(a) the executive and legislature work independently.

(b) it provides continuity of policy and is more efficient.

(c) the executive remains responsible to the legislature.

(d) the head of the government cannot be changed without election.

Answer: (c) the executive remains responsible to the legislature.

The parliamentary system of government has the following merits:
  • Harmony Between Legislature and Executive
    • Parliamentary system ensures harmonious relationship and cooperation between the legislative and executive organs of the government.
    • The executive is a part of the legislature and both are interdependent at work. As a result, there is less scope for disputes and conflicts between the two organs.
  • Responsible Government
    • The ministers are responsible to the Parliament for all their acts of omission and commission.
    • The Parliament exercises control over the ministers through various devices like question hour, adjournment motion, no-confidence motion, etc.
  • Prevents Despotism
    • Under this system, the executive authority is vested in a group of individuals (council of ministers) and not in a single person. This dispersal of authority checks the dictatorial tendencies of the executive.
  • Ready Alternative Government
    • In case the ruling party loses its majority, the Head of the State can invite the opposition party to form the government. This means an alternative government can be formed without fresh elections
  • Wide Representation
    • In a parliamentary system, the executive consists of a group of individuals (i.e., ministers who are representatives of the people). Hence, it is possible to provide representation to all sections and regions in the government.
The parliamentary system suffers from the following demerits:
  • Unstable Government: The parliamentary system does not provide a stable government. The government depends on the mercy of the majority legislators for their continuity and survival in office. Political defection or evils of the multiparty coalition can make the government unstable.
  • No Continuity of Policies: The parliamentary system is not conducive for the formulation and implementation of long-term policies. A change in the ruling party is usually followed by changes in the policies of the government.
  • Dictatorship of the Cabinet: Whenever the ruling party enjoys an absolute majority in the Parliament, the cabinet becomes autocratic and exercises nearly unlimited powers.
  • Against Separation of Powers: In the parliamentary system, the legislature and the executive are together and inseparable. The cabinet acts as the leader of the legislature as well as the executive. Hence, the whole system of government goes against the letter and spirit of the theory of separation of powers.
  • Government by Amateurs: The parliamentary system is not conducive to administrative efficiency as the ministers are not experts in their fields. The Prime Minister has a limited choice in the selection of ministers; his choice is restricted to the members of Parliament alone and does not extend to external talent.
Reasons for adopting parliamentary system
  • Familiarity with the System: The Constitution-makers were somewhat familiar with the parliamentary system as it had been in operation in India during the British rule.
  • Preference to More Responsibility: Constituent Assembly wanted to adopt a system that was both stable and responsible. The American system gives more stability while the British system gives more responsibility but less stability. The Draft Constitution thereby recommended the system that was more responsible.
  • Need to Avoid Legislative-Executive Conflicts: The framers of the Constitution wanted to avoid the conflicts between the legislature and the executive which was common in the US Presidential system.
  • Nature of Indian Society: Parliamentary system offers greater scope for giving representation to various sections, interests and regions in the government. This promotes a national spirit among the people and builds a united India.

Q. The Parliament of India exercises control over the functions of the Council of Ministers through

  1. Adjournment motion
  2. Question hour
  3. Supplementary questions

Select the correct answer using the code given below:

(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (d) 1, 2 and 3

Notes:
  • Parliament exercises control by various measures like committees, question hour, zero hour, etc. ministers are collectively responsible to the Parliament.
  • MPs hold the executive accountable by asking questions, and supplementary questions.
  • Matters of urgent importance can be raised in Adjournment motion.
  • The primary object of an adjournment motion is to draw the attention of the House to a recent matter of urgent public importance having serious consequences.
  • The questions which need not be responded to with an oral answer but with a written response are known as ‘unstarred questions’.
  • MPs are allowed to raise questions, often referred to as ‘starred questions,’ which require oral answers from ministers. 
  • Ministers respond to such questions during the first hour of Parliament, which is known as question hour. Based on the response, MPs can cross-question and corner the minister by asking supplementary questions. 

Q. In India, Judicial Review implies

(a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

(b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.

(c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.

(d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.

Answer: (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

Judicial review:
  • Judicial review:
    • It is the power of the judiciary to pronounce upon the constitutionality of laws and executive orders.
    • Judicial review is defined as the principle under which executive and legislative actions are reviewed by the judiciary.
    • It is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body.
      • It is the power exerted by the courts of a country to examine the actions of the legislatures, executive and administrative arms of government and to ensure that such actions conform to the provisions of the nation’s Constitution.
    • The judiciary is vested with the power to review the actions of the other two arms (Legislative and Executive).
    • Judicial review has two important functions, like, of legitimizing government action and the protection of constitution against any undue encroachment by the gov­ernment.
    • Judicial review is part of the basic structure of the constitution.
    • Judicial review also gives the power to the court to declare the action of the Government unconstitutional.
    • Judicial review is also called the observer and interpretational role of the Indian judiciary.
    • Examples set by the Indian judiciary like Suo Moto cases, the Public Interest Litigation (PIL), etc. have allowed the judiciary to intervene in many public issues, even when there is no complaint.
  • Types of Judicial Review:
    • Reviews of Legislative Actions:
      • This review implies the power to ensure that laws passed by the legislature are in compliance with the provisions of the Constitution.
    • Review of Administrative Actions:
      • This is a tool for enforcing constitutional discipline over administrative agencies while exercising their powers.
    • Review of Judicial Decisions:
      • This review is used to correct or make any change in previous decisions by the judiciary itself.
  • Importance of Judicial Review:
    • It is essential for maintaining the supremacy of the Constitution.
    • It is essential for checking the possible misuse of power by the legislature and executive.
    • It protects the rights of the people.
    • It maintains the federal balance.
    • It is essential for securing the independence of the judiciary.
    • It prevents tyranny of executives.
  • Problems with Judicial Review:
    • It limits the functioning of the government.
    • It violates the limit of power set to be exercised by the constitution when it overrides any existing law.
      • In India, a separation of functions rather than of powers is followed.
      • The concept of separation of powers is not adhered to strictly. However, a system of checks and balances have been put in place in such a manner that the judiciary has the power to strike down any unconstitutional laws passed by the legislature.
    • The judicial opinions of the judges once taken for any case becomes the standard for ruling other cases.
    • Judicial review can harm the public at large as the judgment may be influenced by personal or selfish motives.
    • Repeated interventions of courts can diminish the faith of the people in the integrity, quality, and efficiency of the government.
Constitutional Provisions for Judicial Review
  • There is no direct and express provision in the constitution empowering the courts to invalidate laws, but the constitution has imposed definite limitations upon each of the organs, the transgression of which would make the law void.
  • The court is entrusted with the task of deciding whether any of the consti­tutional limitations has been transgressed or not.
  • Some provisions in the constitution supporting the process of judicial review are:
    • Article 372 (1) establishes the judicial review of the pre-constitution legislation.
    • Article 13 declares that any law which contravenes any of the provisions of the part of Funda­mental Rights shall be void.
    • Articles 32 and 226 entrusts the roles of the protector and guarantor of fundamental rights to the Supreme and High Courts.
    • Article 251 and 254 states that in case of inconsistency between union and state laws, the state law shall be void.
    • Article 246 (3) ensures the state legislature’s exclusive powers on matters pertaining to the State List.
    • Article 245 states that the powers of both Parliament and State legislatures are subject to the provisions of the constitution.
    • Articles 131-136 entrusts the court with the power to adjudicate disputes between individuals, between individuals and the state, between the states and the union; but the court may be required to interpret the provisions of the constitution and the interpretation given by the Supreme Court becomes the law honoured by all courts of the land.
    • Article 137 gives a special power to the SC to review any judgment pronounced or order made by it. An order passed in a criminal case can be reviewed and set aside only if there are errors apparent on the record.