NIOS CLASS 10 SOCIAL SCIENCE CHAPTER-20 GOVERNANCE AT THE UNION LEVEL

 

GOVERNANCE AT THE UNION LEVEL

CHAPTER: 20

SOCIAL SCIENCE

TEXT BOOK QUESTIONS WITH THEIR ANSWERS

INTEXT QUESTIONS 20.1

1. How is the President of India elected?

Ans: The President of India is indirectly elected by an Electoral College which consists of the elected members of the two Houses of the Parliament i.e. Lok Sabha and Rajya Sabha as well as of the State Legislative Assemblies. Moreover the elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry also participate in this election. The voting is done by secret ballot. President of India is elected according to the system of proportional representation by means of the single transferable vote.

Q. 2. Fill in the blanks: 

(i) The President is Head ___________.

(ii) In order to be qualified for election as President, a person must 

(a) ___________. 

(b) ___________. 

(c) ___________.

(iii) In the event of a vacancy in the office of the President, ___________ shall act as the President of India. 

(iv) The four major categories of powers of the President are 

(a) ___________. 

(b) ___________. 

(c) and 

(d) ___________.

Ans: (i) of the state.

(ii) (a) be a citizen of India. 

(b) have completed the age of 35 years.

(c) not hold any office of profit.

(d) be qualified for being elected as a member of Lok Sabha.

(iii) the Vice President of India. 

(iv) (a) Executive Powers. 

(b) Legislative Powers.

(c) Financial Powers.

(d) Judicial Powers.

Q. 3. How many times does the President convene the sessions of Parliament in a year? What are the names of the sessions? (Gather this information through books on Indian Constitution, or through Internet, or by consulting your teachers, classmates and friends)

Ans: The President addresses the Parliament every year at the commencement of the first session and after each general election to the Lok Sabha.

INTEXT QUESTIONS 20.2

Q. 1. How is the second category of emergency proclaimed? What is its impact on the State?

Ans: The second type of emergency relates to the situation in state. It may be proclaimed when the constitutional machinery of any state breaks down. If the President is satisfied on the basis of the report of Governor or otherwise that the state cannot be administrated in accordance with the provisions of the Constitution, he/she can proclaim emergency. This is known as ‘President’s Rule’. Such a proclamation must be approved by both the houses of Parliament with in two months. During ‘President’s Rule’. the concerned State Assembly is either dissolved or remain suspended. The Governor of the state performs all the executive functions in the name of the President. The Parliament assumes legislative powers for that particular state. 

Q. 2. What is the role of the Cabinet headed by the Prime Minister in the proclamation of emergency?

Ans: The Cabinet headed by the Prime Minister plays an important role in the proclamation of emergency. The President can issue a proclamation only when such a decision has been communicated to him/her in writing by the Union Cabinet head by the Prime Minister.

Q. 3. Do you agree that during the period of coalition governments the position of the President is very effective? Give reasons.

Ans: Collect information regarding coalition government from the internet and write your answer on the basis of year understanding. Whereas, during the period of coalition governments, the position of the President is very effective. Because, no party has the majority in election therefore it is the duty of President to form a government among the winning candidate who proves his majority in the Parliament.

Q. 4. Which of the following statements are true and which are false?

(a) President is the real head of government.

Ans: False.

(b) The President is just a ‘rubber stamp’.

Ans: True.

(c) The President neither rules nor reigns.

Ans: True.

(d) The President preserves, protects and defends the Constitution. 

Ans: True.

INTEXT QUESTIONS 20.3

Q. 1. Fill in the blanks: 

(a) The Council of Ministers headed by the Prime Minister is the _________.

Ans: Real executive.

(b) The President should invite the person who is elected as _________ of the _________ to become the Prime Minister.

Ans: Leader, majority party.

(c) The Prime Minister is the head to the _________.

Ans: Real, government.

(d) The Ministers are appointed by the President on the recommendations of the _________.

Ans: Prime Minister.

Q. 2. Answer the following questions:

(a) How are the Prime Minister and the Council of Ministers dislodged before the competition of their term?

Ans: Prime Minister and the Council of Ministers are dislodged before the completion of their term if Lok Sabha passes a No- confidence motion against the Council of Ministers and the Prime Minister.

(b) Who acts as a link between the Council of Ministers and the President? 

Ans: Prime Minister acts as a link between the Council of Ministers and the President. 

(c) What are the three categories of the Ministers in the Council of Ministers?

Ans: Three categories of the Ministers in the Council of Ministers are as follows:

(i) Cabinet Minister. 

(ii) Minister of State.

(iii) Deputy Minister.

(d) Who presides over the meetings of the Cabinet? 

Ans: Prime Minister presides over the meetings of the cabinet.

INTEXT QUESTIONS 20.4

Q. 1. Answer the following questions:

(i) What is the maximum strength of the Lok Sabha?

Ans: 550 members is the maximum strength of the Lok Sabha.

(ii) What is the tenure of the members of Rajya Sabha?

Ans: The Rajya Sabha is not subject to dissolution. 

The members of the Rajya Sabha are elected for 6 years. 

(iii) Which house of Parliament is a permanent body?

Ans: Rajya Sabha or upper house of Parliament is a permanent body. 

(iv) Who is the Chairman of Rajya Sabha?

Ans: The Vice President of India is the Chairman of Rajya Sabha.

(v) What are the functions of the Speaker of Lok Sabha? 

Ans: Functions of the Speaker of Lok Sabha.

1. To presides over the session.

2. To maintains order and discipline in Lok Sabha.

3. To allow members to speak.

4. To decide whether a bill is an ordinary or a money bill.

5. To cast his/her vote in case of a tie. 

6. To presides over the joint session of Parliament.

(vi) What are the qualifications for being a candidate in the Lok Sabha elections?

Ans: Qualification for being a candidate in the Lok Sabha elections:

(i) a citizen of India.

(ii) of at least 25 years of age.

(iii) not hold an office of profit under the central, state or local government.

Q. 2. Fill in the blanks: 

(i) An Ordinary Bill can be introduced in ____________.

Ans: Any house of Parliament.

(ii) If the differences between both the Houses continue, the President convinces a ____________ session of Parliament.

Ans: Joint.

(iii) A money bill can be introduced only in the ____________.

Ans: Lok Sabha.

(iv) For having a control over the Council of Ministers, both Houses can 

(i) ____________ and 

Ans: Ask questions and supplementary questions.

(ii) Move ____________ motions.

Ans: Adjournment motion and calling attention. 

Q. 3. Which of the following statements is true and which is false: 

(i) Ordinary bill cannot be introduced in the Rajya Sabha. 

Ans: False.

(ii) Money bill can be introduced only in the Rajya Sabha.

Ans: True.

(iii) No bill can become a law unless it is signed by the President.

Ans: True

(iv) In the joint session convened on account of the differences between two houses on a bill, Lok Sabha has an upper hand over the Rajya Sabha.

Ans: True.

Q. 4. What qualities would you like to see in Members/Ministers when they participate in the proceedings of the Houses of Parliament? 

Ans: Answer based on your own understanding of what the good qualities should be. 

INTEXT QUESTIONS 20.5

Q. 1. Fill in the blanks:

(i) India has a __________ judiciary.

Ans: Unified and independent.

(ii) The Chief Justice and Judges of the Supreme Court are appointed by __________.

Ans: The President of India.

(iii) A Judge of the Supreme Court can be removed through the process of __________.

Ans: Impeachment.

(iv) The ultimate power of interpreting the Indian Constitution lies with the __________.

Ans: The Supreme Court.

Q. 2. Which of the following statements is true and which one false? 

(i) The Judges of the Supreme Court are appointed by the Chief Justice of India.

Ans: False.

(ii) The Supreme Court has a Chief Justice and 30 judges. 

Ans: True.

(iii) Judges of Supreme Court hold office till they attain the age of 65 years.

Ans: True

(iv) Judicial activism has concentrated on giving the disadvantaged the access to justice.

Ans: True.

(v) The President of India must aspect the advice given by the Supreme Court on the matter that was referred to it by the President for advice.

Ans: True.

TERMINAL EXERCISES

Q. 1. How is the President of India elected? How can he/she be removed from office?

Ans: The President of India is elected indirectly by an electoral college which consists of: 

(a) Elected members of the Legislative Assemblies of all the federating states. 

(b) Elected members of the Lok Sabha and the Rajya Sabha. 

The voting power of all the elected members of the Parliament is made equal to the voting power of all elected members of the Legislative Assemblies in the country so that the state should not have an upper hand in the election of the President.

Removal from office (Impeachment): If a President begins to act against the provisions of the Constitution or is found guilty of misusing his status and position or found involved in corruption, he may be impeached out of office in accordance with the procedure prescribed in Article 61 of the Constitution.

Q. 2. What are the powers and functions of the President of India? In spite of so much powers given by the Constitution, why is it said that President does not rule but represents the nation?

Ans: The President of the Republic India enjoys vast powers and functions which are as follows:

1. Executive Powers: The President is the head of the state, so he has to make many appointments to key posts to run the administration. He appoints the Prime Minister and the Council of Ministers; Governors of the states; Lt. Governors and Chief Commissioners of the Union Territories; Chief Justice and the Judges of the Supreme Court and High Courts; Chairmans and members of the Union Public Service Commission, the Planning Commission, Finance, Commission etc. He is the Supreme Commanders of the Armed Forces; as such, he appoints the Chiefs of the three wings of the army. He sends and receives ambassadors to and from other countries. All treaties are signed in his name. The President can make rules and issues orders for the smooth functioning of the government.

2. Legislative Powers: The President of India has vast legislative powers also. He can summon or prorogue either house of the Parliament. He can dissolve the Lok Sabha and order fresh elections. He can address a joint session of the Parliament or each one of the Houses separately.

He is an integral part of the Parliament; therefore no bill passed by both the houses of the Parliament can become a law unless he signs it. He can issue ordinances when the Parliament is not in session.

3. Financial Powers: Our President has been given vast financial powers also. He causes the annual budget and the supplementary budget to be laid before the Parliament. No Money Bill can be introduced in the parliament without his prior assent. He can sanction money from the contingency fund.

4. Judicial Powers: The President has been given a number of powers in the judicial sphere also. He is not answerable before any court of law for the discharge of his duties. He has the powers to grant pardons, to remit or suspend a sentence of punishment on any appeal for mercy. He can commute even death sentence to imprisonment for life or otherwise.

5. Emergency Powers: The above mentioned powers of the President are exercised by him in normal times. In addition to these powers, he also enjoys certain powers to meet abnormal situations. These are called Emergency Powers. The Constitution has made provisions for these powers to meet three specific extraordinary or abnormal situations arising in the country. 

There situations may be: 

(a) War or external aggression or armed rebellion.

(b) Failure of the constitutional machinery in any state. and 

(c) Deep financial crisis.

― In Spite of so much powers given by the

Constitution. it is said that President does not rule but represents the nation because our is a Parliamentary form of government in which the President is only a titular head of the state. The enormous powers linked with his name are, in fact, enjoyed by the Prime Minister and the Council of Ministers who come from the Parliament and are answerable to the Parliament for their act of omission and commission.

Q. 3. Examine and evaluate the role of the Prime Minister in India.

Ans: The Prime Minister of India, like his counterpart in the U.K. is the most important person in the government of the country. In this capacity, he has the responsibility of managing the affairs of the country, both internal as well as external. The Prime Minister makes the Council of Ministers. It is on his/her recommendations that the President appoints the members of the Council of Ministers and distributes port folios among them. He/She presides over the meetings of the cabinet and communicates its decisions to the President. The Prime Minister acts as the link between the President and the Council of Ministers. As and when the necessity arises, he/she may recommend to the President that the Lok Sabha be dissolved and fresh general elections be held.

The Prime Minister is not only the leader of the majority party, or the leader of the Parliament but he/she is also the leader of the entire nation. His/her office is the office of powers, while that of the President is the office of honor, respect and dignity.

The Prime Minister is the ex-officio Chairman of the Planning Commission as well as of the National Development Council. He/She represents the nation at the international conferences as the head of the Government.

Q. 4. Is it appropriate to say that “Rajya Sabha is not only the second chamber but also a secondary chamber”? Justify your answer.

Ans: It is not appropriate to say that Rajya Sabha is not only the second chamber but also a secondary chamber because there are many important role and certain functions which only Rajya Sabha can perform e.g. 

(1) Rajya Sabha is a permanent body, it never can be dissolved.

(2) It is only Rajya Sabha that may create a new All India Service and declare a subject in the State List to be of national importance.

Q. 5. How is the Supreme Court constituted ? What is its jurisdiction?

Ans: The Constitution of Supreme Court At the top of the judicial system in India is the Supreme Court of India. It is the highest court in the country. At present the Supreme Court consists of one Chief Justice and twenty-five other Judges. Parliament has the power to change the number of judges from time to time by passing law. The Chief Justice and other judges of the Supreme Court are appointed by the President of India. In making these appointments, the President consults other judges of the Supreme Court and High Courts. In case of the appointment of any other judges, the Chief Justice is always consulted. 

Jurisdiction of Supreme Court of India: The jurisdiction of the Supreme Court can be divided into following parts: 

(1) Original Jurisdiction: The Supreme Court has original jurisdiction over some types of cases. This means that some cases can hear directly to the Supreme Court. These are: 

(a) Disputes between central Government and any state Government. 

(b) Dispute between two or more states.

(c) Disputes between the central Government and one or more States on one side and one or more States on the other side.

(2) Appellate Jurisdiction: Supreme Court is the highest court of appeal in the country. It hears appeals against some decisions of the High Courts in three types of cases-civil cases, criminal cases, cases involving interpretation of the Constitution.

(3) Guardian of the Constitution: The Supreme Court acts as the guardian and final interpreter of the Constitution. If the government passes any law or issue any order which is in violation of the Constitution, the Supreme Court has the power to declare that law or order unconstitutional.

(4) Advisory Jurisdiction: At the highest court in the country, the Supreme Court gives legal advise to the President of India on any legal or constitutional matter referred to it. However, the advice given by the Supreme Court is not binding on the President.

(5) Courts of Record: The Supreme Court is a Court of Record. The records of the Supreme Court, in matter of interpretation of the law of the Constitution, have to be accepted when produced before the lower courts.

(6) Judicial Review: The Supreme Court of India has the power to examine the validity of laws or executive orders. The Supreme Court has the powers to interpret the Constitution, and through this it has assumed the powers of judicial review.

Q. 6. Is judicial activism a boon or a bane of Indian democracy? Justify your answer with three reasons.

Ans: Judicial Activism is a boon of Indian Democracy because of the following reasons:

(1) It has concentrated on giving the disadvantaged the access to justice.

(2) It uses the instrument of Public Interest Litigation (PIL). With PIL any person can bring a petition about a problem before the court, and not just the person affected by the problem.

(3) With Judicial activism and PIL, courts have given judgement on pollution, the need for a uniform civil code, eviction of unauthorized building, stopping child labour in dangerous occupations, and other issues.

SOME OTHER IMPORTANT QUESTIONS FOR EXAMINATION 

MULTIPLE CHOICE QUESTIONS

1. The Supreme Court Judges can be removed by an order of the:

(a) President

(b) Chief Justice of India

(c) Prime Minister

(d) None of them

Ans: (a) President.

2. The number of judges in the Supreme Court can be increased by the

(a) Chief Justice of India

(b) Supreme Court

(c) Parliament

(d) President

Ans: (c) Parliament.

3. The Judges of the Supreme Court retire at the age of:

(a) 70 years

(b) 65 years

(c) 62 years

(d) 75 years

Ans: (b) 65 years.

4. The Judges of the Supreme Court are appointed by: 

(a) Chief Justice of India

(b) Prime Minister

(c) Parliament 

(d) President

Ans: (d) President.

5. The High Court is the highest court of justice at the:

(a) State Level 

(b) Central Level 

(c) District Level

(d) Village Level

Ans: (a) State Level.

6. Which of these are the features of Independent Judiciary in India?

(a) Security of service of the Judges 

(b) Handsome salaries

(c) Personal safety

(d) All the above

Ans: (d) All the above.

7. The highest court of appeal in India is?

(a) High Court 

(b) Panchayati Adalat

(c) Sessions Court

(d) Supreme Court

Ans: (d) Supreme Court.

8. Which of there is not a part of the Executive?

(a) President 

(b) Vice-President

(c) Prime Minister 

(d) None of them 

Ans: (d) None of them.

9. On what grounds can emergency be proclaimed in a state?

(a) Foreign aggression 

(b) Financial instability

(c) Breakdown of the constitutional machinery

(d) None of the above

Ans: (c) Breakdown of the constitutional machinery.

10. Who is the Supreme Commander of the Armed Forces? 

(a) Chief of the Army

(b) President

(c) Prime Minister

(d) Chief Justice

Ans: (b) President.

11. Who is the Chairman of Lok Sabha? 

(a) Speaker 

(b) President

(c) Vice-President 

(d) Prime Minister 

Ans: (a) Speaker.

12. Which of these acts as the custodian of the Constitution? 

(a) Supreme Court

(b) Parliament

(c) Governor

(d) Mayor

Ans: (a) Supreme Court.

VERY SHORT ANSWER

Q. 1. Who is the Chief Executive of the Indian Union? State any two of his executive and judicial powers.

Ans: The President is the Chief Executive of Indian Union. He vested executive and judicial powers. 

Executive Powers:

(1) As the head of the state, the President make all the important official appointments.

(2) All treaties are signed in his name. The President can make rules and issue orders for the smooth functioning of the government. 

Judicial Powers:

(1) The President has the authority to reduce the sentence or grant pardon on a mercy petition to any person sentenced by the courts.

(2) He appoints the judges to the Supreme Court and the High Courts. 

Q. 2. Under what circumstances can the President proclaimed a State of Emergency? 

Ans: There are certain situations when the entire country is brought under the unitary control of the President such a situation is called an emergency. The President is empowered to declare emergency in following three conditions:

(1) War or external aggression or armed rebellion

(2) Emergency due to failure of a constitutional machinery in a state.

(3) A setback to the financial stability or credit feasibility of the country is likely to occur or has occurred.

Q. 2. How do you agree that an independent judiciary is necessary for upholding the law and enforcing Fundamental Rights?

Ans: An Independent Judiciary in India is necessary for upholding the law and enforcing Fundamental Rights because independent judiciary decides various disputes between the center and the States and between different states themselves and even between the different organs of the Government.

Q. 4. Justify the statement that justice delayed is justice denied’.

Ans: It is rightly said that “justice delayed is justice denied”. The common man’s access to justice is the long delay which so often take place in getting justice. In certain cases, it took as many as twenty years to get a case decided. Scholars feel that all such delays amount to a negation of the principle of justice.

Q. 5. How do you think that the Right to constitutional remedies is embedded in the idea of Judicial Review?

Ans: There is a close link between the Right to Constitutional Remedies and the ideas of Judicial Review because every citizen is entitled to move the Supreme Court, any of the High Courts if fundamental rights are encroached upon a abridged or snatched away by the state or a person or a body of persons. As a matter of fact, the Right to Constitutional Remedies is the only guarantee against encroachment on our Fundamental Rights.

Q. 6. Describe the power of the two Houses regarding the Money Bill.

Ans: In case of “Money Bill”, the Rajya Sabha has been given virtually no powers. A money bill can originate only in the Lok Sabha. When any Money Bill passed by the Lok Sabha, the Rajya Sabha cannot change it. It can delay the Money Bill by sitting over it for 14 days. After the expiry of the period, the bill is supposed to be passed by the Rajya Sabha and can be sent for the assent of the President.

Q. 7. Discuss the functions of the Speaker of the Lok Sabha.

Ans: The Speaker of Lok Sabha performs various functions:

(1) He presides over the meetings of the Lok Sabha. Resolutions or bill can be moved only with his permission. He allows time to the members to speak in the House. He can adjourn the meetings of Lok Sabha.

(2) He presides over a joint session of both the Houses of Parliament.

(3) He decides whether a particular bill is Money Bill or not. 

(4) He can suspend a member on account of misconduct. 

(5) He appoints various parliamentary committees.

Q. 8. Give reasons why the parliamentary form of Government was chosen in India.

Ans: The term ‘parliamentary’ refers specifically to a kind of democratic polity where in the supreme power is vested in the supreme body of people’s representatives called Parliament. The Parliament consists of elected representatives who make laws on behalf of the people and for the people. The Parliamentary system is one in which Parliament enjoys primacy of place in the government of state under the Constitution of India.

Q. 9. Briefly describe the composi- tion of Lok Sabha.

Ans: The Lower House of the Parliament of India is called the ‘Lok Sabha’ which is representative body of the people. The maximum number of members of this house can be 550.

(a) not more than five hundred and thirty members chosen by direct election from states. and 

(b) not more than twenty members to represent the Union Territories.