Political Science (11th) Textbook I

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Political Science (11th) Textbook II

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(I) Constitution: Why and How? [Making Of The Constitution]

 TEXTUAL QUESTIONS AND ANSWERS

PART – A

Q.1. Which of these is not a function of the Constitution?

(a) It gives a guarantee of the rights of the citizen. 

(b) It marks our different spheres of power for different branches of government.

(c) It ensures that good people come to power.

(d) It gives expression to some shared values.

Ans : (c) It ensure that good people come to power.

Q.2. Which of the following is a good reason to conclude that the authority of the Constitution is higher than that of the Parliament ?

(a) The Constitution was framed before the Parliament came into being.

(b) The Constitution makers were more eminent leaders than the members of the parliament.

(c) The Constitution specifies how Parliament is to be formed  and what are its powers.

(d) The constitution can not be amended by the Parliament.

Ans : (c) The Constitution specifies how Parliament is to be formed and what are its powers.

Q.3. State whether the following the statements about a constitution are true or false.

(a) Constitutions are written documents about formation and power of the Government.

Ans : False.

(b) Constitution exist and are required only in democratic countries.

Ans : False. 

(c) Constitution is a legal document that does not deal with ideals and values.

Ans : False.

(d) A Constitution gives its citizen a new identity. 

Ans : True. 

4. State whether the following inferences about the making of the Indian Constitution are correct or Incorrect. Give reasons to support your answer.

(a) The constituent Assembly did not represent the Indian people since it was not elected by all citizens.

Ans : Incorrect, because the members of all religions and social and economic groups were given representation in the constituent Assembly. Although the members of the Assembly were not elected by universal suffrage, there was a serious attempt to make the Assembly a representative body where the Assembly and twenty-six members from what were then known as the scheduled classes. 

The Congress plays a dominant role occupying as many as eighty two percent of the seat in the Assembly after the partition. Each member deliberately upon the Constitution with the interest of the whole nation in mind. The Constitution drew its authority from the fact the members of the constituent Assembly engaged in what one might call  public reason.

(b) Constitute making did not involve any major decision since there was a general consensus among the leaders at that time about its basic framework.

Ans : It is correct information to say that constitution making did not involve any major decision since there was a general consensus among the leaders at the time about its basis framework constituent Assembly of India could not have functioned if there was no background consensus on the main principal. The best summary of the principles that the nationalist movement brought to the constitute Assembly was the objective resolution moved by Nehru in 1946. Our constitution is not merely a maze of rules and procedures, but moral commitment to establish s government that will fulfill the promises that the nationalist movement hold before the people.

(c) There was little originality in the constitution for much of it was borrowed from other countries.

Ans : lt is incorrect to say that there was little originality in the constitution though the formers of the constitution were not averse to borrowing from other constitutional traditions. Though the members of the constituent Assembly borrowed several provisions were well deliberated upon by the members of the Assembly was critically examined about its suitability to the condition prevailing in India. The members of the constituent Assembly always draw the attention to the Problem and aspiration while borrowing the provisions from other constitutions of the world to attach the Indian constitution.

Q.5.Give two examples each to support the following conclusion about eh Indian Constitution. 

(a) The Constitution was made by credible leaders who commanded people’s respect.

Ans : The two factors which the Constitution was made credible that mentioned as under : 

1. The constituent Assembly was formed on the basis of direct election by the members of the Provincial Legislative no le Assemblies that were established under the  LMP Government of India Act 1935.It is also mentioned that the constituent Assembly was formed under the provision of combined Mission Where it mentioned that each of the communities, provinces, princely states were represented by their representative. moreover, there were twenty six members from the backward classes known as scheduled classes at that time.

2. The Constitution drew its authority from the fact that members of the Constitution Assembly engaged in what one might call public reason. The members of the Assembly did not simply advance their own interests, but gave principled reasons to other members for their positions. They placed a great emphasis on discussion and reasoned argument. It look  the constituent Assembly for 2 years, 11 months and 18 days where members of the Assembly met for one hundred and sixty six days to accomplish the task of making the constitution. 

(b) The Constitution has distributed power in such a way as to make it difficult to subvert it.

Ans : The two examples behind the constitution has distributed in such a way as to more it difficult to subverting can be illustrate as under :

(1) The Constitution has distributed the powers to its 3 organs like legislature, executive and judiciary bussed on the principle of check and Balance. If one of the 3 organs misuses the powers then other two check and limit it.

(2) The Constitution itself provided amendment procedure of various articles of the Constitution under Article 368.

(c) The Constitution is the focus of people’s hopes and aspirations.

Ans : The undermentioned two features of Indian Constitution which focus the Constitution is the locus of peoples hopes and aspirations :

(1) The Constitution of India provided six fundamental Rights to the citizen of India from Articles 14 to 322. The Constitution vested the responsibility to the judiciary to protect the Fundamental Rights through its several provisions.

(2) The construction of incorporates some guidelines called the Directive principles of state policy. Though these are nonjustifiable the government give effect to some directive principles has passed several bills of abolition of Zamindari system, nationalised  banks, enacted numerous factory laws, fixed minimum wages etc. Such efforts also in cloud the right to education, formation of Panchayat Raj institutions all over the country, partial right to work under employment guarantees scheme and mid-day meal scheme, etc. which are just the hopes aspirations of the people.

Long Types Questions & Answers

Q.6.Why is it necessary for a country to have a cl ear demarcation of the powers and responsibilities in the Constitution? What would happen in the absence of such a demarcation?

Ans : One of the most essential elements of country is to have a clear demarcation of power and responsibilities in the Constitution. The there organs of government-Legislature, Executive and Judiciary perform three essential fiction of rulemaking, rule application and rule adjudication these three functions are interrelated and interdependent, but it is essential that these three should be performed by three different organs, neither by two nor by one organ or institution.

The power of each organ of the. Government should be demarcated from the other if the liberty of the people is to saved from the authority of the state which is exercised by its government. 

The three organs of the government must be separate and independent from one another because any combination of these three into a single or two hands is bound to be always very harmful and dangerous for individual liberty.Decentralisation, division of powers, specialisation and separation of power are essential instrument for the health of the government and the people alike government can work systematically and efficiently only when each of its organs exercises it’s own power unhindered by the other two organs. The clear demarcation of powers and responsibilities in the Constitution keeping the government restrains and limited as well as for protecting the liberty of the people, the functions of government should be differentiated and performed by three separate organs with each working in its own sphere of action without encroachment upon others. 

It is also mentioned that to ensure the monopoly of any one organs there is a provision like in Indian constitute the principle of check and balance is applied to secure the fundamental rights to its citizen. For example is Indian democracy. the bills passed by the Parliament becomes acts only when these get. Presidential signature, the president has the power to make the appointment of the judges, the judiciary has the power to declare any law unconstitutional it is not suit with the provision of the Constitution through the judicial review power.

In there is not clear demarcation of powers and responsibilities the administration of a country face many problem.For instance, organ or body the liberty of the people gets jeopardised because it leads to a tyrannical exercise of these two powers . On the other hand judicial and legislative powers are united in the same organ, the interpretation of laws becomes meaningless because then the law- maker also acts as law interpreter and it never likes or wishes to accept the errors of the laws.If the judicial power is combined with the executive power and be vested with the same person, the administrator if justice becomes meaningless and faulty because then executive becomes the judge (judiciary). Finally if all the three organs combined and vested with one person or body of person, the concentration of power becomes so big that it virtually ends all liberty and establishes a despotism of that organs or body.

Q.7. Why is it necessary for a Constitution to place limitations on the rulers can there be a constitution that gives no power at all to the citizens?

Ans : One of the most important functions of a Constitution is to set some limits on the rulers. These limits are fundamental in the sense that the rulers may  never trespass them. Constitutions limit the power of her government in many ways. The popular constitutional provision to limiting the power of the government is to grant some fundamental rights to the citizens like right to freedom of speech, freedom of speech, freedom of conscience, freedom of associations, freedom to conduct a trade or business, etc. 

In normal times these freedoms of the people could not be checked by the government except emergency proclamation. There can’t be any consideration that gives no power to its people. In a monarchical constitution, a monarch decides but in a democratic constitution, then people get to decide. In democracy public view is most essential to pass any bill or policies by the rulers. In a dictatorship also the ruler has to get the support of the people to cling to the power as in the case or Pakistan, where general Musharraf conducts periodic referendum” to justify his hold on power. So it is not possible for a constitution to exist that gives no power at all to the citizens.

Q.8. The Japanese constitution was made when the US occupation army was still in control of Japan after its defeat in the second world war. The Japanese constitution could not have any provision that the US government did not like. Do you see any problem in this way of making the constitution? In which way was the Indian experience different from this?.

Ans : The time when the constitution was made, the US army still occupied the Japan. The Japanese constitution could not have had any provision that the US government did not like. It was due to the fact that constitution is a compact document or set of document that seeks to perform the functions that depend on the interests of the rulers or the interest of the authority in an occupied country. But in the democratic country a constitution expresses the fundamental identity of a people, it gives everyone in society some reason to go along with its provision.

After the independence of India, the constituent Assembly got the responsibility to make the constitution for Indian. It was after the end of the second would war that the British Government through its cabinet mission accepted the demand for the establishment of a constituent assembly for India. At the time of its establishment, the constituent Assembly was not a sovereign body. It stood organised on the basis of the cabinet mission plan. Its powers were derived from the sovereign authority of the British parliament. When on 15th August 1947. India became independent, the constituent Assembly became a fully sovereign body band remained so till the inauguration of the constitution of India. The elections for the constituent Assembly wore held in July 1946. 

The first step was taken towards the goal when pt. Jawaharlal Nehru introduced the objectives Resolution and made specific objectives which were to guide the framing of the constitution. It affirmed commitment to the principles of popular sovereignty, Justice, liberty, Equality, special Protection to minorities, unity and Integrity of the country and world peace. It provided the ideological framework within which the constituent Assembly was to formulate the constitution of India. 

The constitution of India in its very first Article declares, India that is Bharat shall be union of states. It describe India is neither a Federation nor unitary state. It is both a Federation and a unitary state rolled in one.

India establishes a dual polity. Each citizen is subject to two government -the government of the state in which he resides and the Government of India. Like every other federal constitution, the constitution of India decides powers between the union Government and the state Government. It divides all the subjects in 3 parts- 

(1) union subjects.

(2) state subjects.and 

(3) Concurrent subjects. 

The constitution is supreme and no one can violate it. Both the union Government and state Government derive their powers from constitution. In can reject any union or state law in case it is found to be unconstitutional in a judicial review. A bicameral union parliament is again considered as an essential features of Indian constitution where council of State (Rajya sabha) ad the upper house and the house of people (Loksabha) as the lower House. 

The Indian constitution on also provides some unitars features like establish a very strong central government, the power of the centre to reorganise the state or change their boundaries, limitation upon the jurisdiction of states over state subjects, single citizen ship. Ad such India continues to be state with a federal structure and a Unitarian spirit. The constitution-makers did not hide their intention to make the center stinger than the state. They regarded it as an essential necessity for maintaining the unity and integrity of India as s sovereign state.

Q.9. Rajat asked his teacher this question: “The constitution is a fifty years old and therefore outdated book. No one took my consent for implementing it. It is written in such tough language that I cannot understand it. Tell me way should you answer Rajat.

Ans : As a teacher of would answer the Rajat that though our constitution is more than fifty years old, it is still not outdated.As it has been amended more than 90 times up to now, so it could not be termed on old constitution as it has been modified from time to time. This constitution was from by a constitution Assembly. Although the members of the Assembly were elected by restricted suffrage, there was a serious attempt to make the assembly a representative body. 

Members of all communities, classes and religions were given representation in the scheme of the composition of the Assembly. In terms of the political parties the Congress dominated the Assembly occupying as many as eighty two percent of the seats in the assembly. The Congress itself was such a diverse party that it managed to accommodate almost all shades of opinion within it. The constitution was made by credible leaders and its final authority are the Indian people. 

It is not important that every body is directly consulted for make any constitution. The only possible way is to form a representative body which reflect all the communities, classes, and religions of country. The constituent Assembly which framed our constitution could be termed as such a body. Further it is nothing possible to work every provision in lucid and carry terminology as it may increase the bulk size of the constitution . A constitution is at best in codified from.

Q.10. Discuss the following brief :

(a) Justice. 

(b) Liberty. 

(c) Equality. 

(d) Fraternity.

Ans : (a) Justice :- Indian constitution seeks to secure justice in its three dimension justice means the absence of socially privileged  classes in the. Society and no discrimination against any citizen on grounds of caste, creed, colour, religion, sex or place of birth. Economic Justice means no discrimination between man and man on the basis of income, wealth and economic values. It involves the concept of equitable distribution of wealth, i.e., economic equality end of monopolistic control over means of production ad distribution, decentralisation of economic resources and, securing of adequate opportunities to all for earning their livelihood and a welfare state.

In its political dimension justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any dissemination on the basis of caste, colour, creed, religion, sex or place of birth.

(b) Liberty :- The preamble declares liberty to be the second cardinal objective to be secured by the constitution. Preamble lists liberty of thought, expression, belief. faith and worship as the objective to be secured to all the people. The grant of Fundamental Rights (Part3) 

including the right to freedom, is designed to secure this objective. Liberty is a vital necessity for the fullest development of mind of the individual. It is the condition of worth li. Liberty of and worship is designed to strengthen the spirit of secularism. Liberty as such is another cardinal objective of the constitution.

(c) Equality :- Realising fully the importance of equality and the inter-relationship between liberty and equality, the preamble makes equality the third major objective of the constitution. It had been described in terms of its two 

Variables :- (1) Equality of status that is natural equality of all persons equal and free citizen of India enjoying equality before law. (2) Equality of opportunity that is adequate opportunities for all development. 

For securing the equality of status what is needed is equality before law and end of discrimination or restriction based on grounds of religion, race, sex colour, creed, caste, residence etc. The Indian constitution provides for these under its Article 14 and 

15. It also guarantees equality of opportunity under its Article 16. However, along with it the constitution provides for special protection to women, children, as the weaker sections of society. Thus equality is a cherished goal of Indian constitution.

(d) Fraternity :- The preamble clearly states that another major objective is to promote among all the people- Fraternity a feeling of spiritual and psychological unity. It is designed to see the dignity of the individual and Integrity of nation. Human dignity was regarded as a supreme value in our national liberation movement. Freedom struggle was governed by the objective of ending second rate treatment given to the people of india by the british rulers for this unity of nation was considered essential for fighting the inhuman British rule the founding fathers of the constitution, therefore, specified in the preamble that free India should promote fraternity assuring human dignity and unity and integrity of the nation. The India constitution, in its preamble accepts this as a major objective the preamble seeks to strengthen and complete India democracy.

Q.11. Discuss the following term which is mentioned the India constitution.

(a) Sovereign.

(b) Democratic.

(c) Republic.

Ans : (a) Sovereign :- The preamble of Indian Constitution Proclaims to denote the end of British rule over India. The preamble declare the sovereign independent status of India. The word sovereignty of India. It means that the government is independent in internal and external matter and is no more under the control of a foreign power.

( b) Democratic :- The preamble declares India to be a Democratic state. The constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy political rights: Universal Adult Franchise, Right to contest elections, Right to hold public offices, Right to form associations and the Right  to criticise and oppose the policies of the government. It is on the basis of these rights that the people participate in the process of politics. They elect their government. The people can change their government through elections. It always acts under the constitution which represents the supreme will of the people. The supreme court of INDIA ACTS AS THE GUARDIAN PROTECTOR OF BOTH CONSTITUTION AS WELL AS of the fundamental rights enshrined into the constitution.

(c) Republic :- The preamble declares India to be a Republic. Negatively, the means that INDIA  is not ruled by a monarch or a nominated head of state. Positively, it means that India has an elected head of state. Positively, it means that India has an elected head of state who wields power for a fixed term. President of India is the sovereign head of the state who is indirectly elected by the people for a fixed term of 5 years i.e. he is elected by the elected members Rajya sabha and Lok sabha of Indian parliament.

Q.12. Explain India as a secular state. 

Ans : By the 42nd Amendment of India constitution, the term “secular” was incorporated in the preamble along with other features of Indian state. Its inclusion simply made the secular nature of the Indian constitution more explicit. As a state India gives special status to no religion. There is no such thing as a state religion of India. Positively, India adopts secularism by guaranteeing equal freedom to all religion. 

It stands for the right of freedom of all citizens: Under Articles 25 to 28, the constitution grants the right to Religions freedom to all the citizens. It provides for equal rights to al the citizens without any dissemination, Rule of Law and special protection to minorities. The state does not interfere with the religious freedom of the citizens and prohibits taxation for religious purposes.

Q.13. Discuss the salient features of the constitution of India. 

Ans : The salient features of the constitution of India can be briefly discussed as under : 

(a) Written and Detailed constitution:- India’s constitution is a written and detailed constitution. It consists of 395 Articles divided into 22 parts with 12 schedules.

(b) Preamble of the constitution :- The preamble to the constitution of India is a well drafted document which state the philosophy of the Indian polity.

(c) India is a union of states :- Article I of the constitution declares, “India that is Bharat shall be a union of states”. It does not describe India either as a federation or unitary state.

(d) Federal structure and a unitary spirit :- Which describing India as a union of states, the constitution provides for a federal structure with a unitary spirit.

(e) Mixture of rigidity and Flexibility :- The constitution of India is rigid parts. Some of its provisions can be amended in a difficult way while others can be amended very easily.

(f) Fundamental Rights :- Under its part 3, the constitution of India grants and guarantees six fundamental Rights to its citizens 

(g) Fundamental Duties :- The constitution under its Part 4A, Article 51A enumerated 10 fundamental duties to the citizen of India.

(i) Directive principles of state policy :- Part 4 (Article 36-51), of the constitution dealing with the directive principles of state policy provides one of the most striking features of Indian constitution.

(j) Bi-cameral union parliament :- The constitution provides for Bi-cameral legislature at the unio level and designates it is as the union parliament. Its two houses are the Lok Sabha and the Rajya Sabha . These are the main features of the Indian constitution.

Q.14. Write down the preamble of the Indian constitution.

Ans : The preamble of the Indian constitution has been described as: ” We” the people of india, having solemnly resolved to constitute India into a sovereign, socialist secular, Democratic, Republic and to secure to all its citizens:

Justice- social, economic and political liberty of thought, expression belief, faith and worship.Equality of status and opportunity, and to promote among them all. Fraternity, assuring the dignity of individual and the unity and Integrity of the nation.

In our constituent Assembly the twenty sixth day of November 1949, did here by adopt, enact and give to ourselves this constitution?

Q.15. What do you understand about the philosophy of the Indian constitution?

Ans : The philosophy of the Indian constitution can be discuss as under :

(1) The constitution of India makes it quite clear that the framers of our country’s constitution were not only conscious to frame it for the governance of the country but they were greatly concerned to express their vision for a new society and polity.

(2) No doubt, there were difference of opinion among the members of the constituent Assembly while debating upon the high ideals aims and objectives of the constitution. But ultimately they reached a consensus. It is that element of consensus among the founding fathers of constitution which reflected in the Preamble of the constitution.

(3) Looking at the preamble to the constitution, we feel that it has attempted to set a good Provide a vision and direction in building a new social order which is not only democratic but equal and justice. It is a vision which is humanistic, democratic, secular ad socialist.

(4) The philosophy of the constitution of India also aims at the projection fundamental rights and civil liberties of Indian citizens. Thus we may say that the Indian constitution is based on the philosophy of liberal welfare- democratic society. As these ideals and values of the Indian state finds a place in the preamble, we may that the philosophy of the constitution finds its expression in the Preamble to the constitution.

Q.16. Mention the main sources of the Indian constitution under following heads:

Ans : We can study the sources of the Indian constitution under following heads:

(1) Ideals of the National Movement.

(2) Foreign constitution.

(3) Government of India Act. 1935

(4) Records of the constitution Assembly debates.

(5) Constitutional Amendment.

(6) Parliamentary statutes.

(7) Judicial decisions.

(8) Conventions.

(9) Views of constitutional jurists and experts.

Q.17. Discuss the constituent Assembly

Ans : Regarding the organisation and powers of the constituent Assembly, the cabinet mission plan laid down the there will be 389 members in the Indian states and 4 from chief commissioners provinces. There will be 3 categories of electorat general, Muslim and Sikh electorate. The elections for the constituent Assembly were held in July 1946. On 11th December 1946 Dr. Rajendra Prasad elected as the president of constituent Assembly. 

The major task of the Assembly was indeed the making of a constitution of India. In the making of the constitution, a very valuable role was played by the Drafting committee. Dr. B.R. Ambedkar was the chairman of the Assembly and other members were B. L. Mitter, N. Gopalaswami Ayyanger, Alladi krishna swami Ayyar, K.M. Munshi, sajid Mohad Saadulla, N. Madhav Rao and D.P. Khaitan. On 26th November, 1949. the constitution was finally adopted and enacted when the constitution was signed by the president of the constituent Assembly and whole constitution was inaugurated on 26th January, 1950.

Q.18. In a discussion on the experience of the working of our constitution, three speakers took three different positions:

(a) Harbans :- The Indian constitution has succeeded in giving us a framework of democratic government.

(b) Neha :- The constitution made soleman promises of ensuring liberty, equality and fraternity. Since this has not happened, the constitution has failed.

(c) Nazima :- The constitution has not failed us. We have failed the constitution.

Do you agree with any of these positions? If yes, why? If not, what is your won positions?

Ans : In this conversation of three people it has been discussed whether the working of our constitution is fruitful or not:

(a) In the first position Harbans gave his own impression that the. Indian constitution has succeeded in giving us framework of democratic government, We know the makers of the constitution presented to the nation a document in the from of our constitution that enshrined fundamental values and highest aspirations shared by the people. And hence it become a living reality. It is a document consisting the supreme and fundamental laws of the country. it decides the composition, powers and functions of the government. The government is formed according to the principles laid down is the constitution of India lays down the powers and functions of the president of India and prime Minister with his council of ministers very clearly. 

It also shows how the organs of government should related to each other. For instance, What the executive can do by itself and what should be the relation between the legislature, executive and the Judiciary, and also, of course, between them and the ordinary citizens. Indian constitution provides different types of safeguards of liberty to the Indian citizens. Separation of powers, Independence of judiciary, fundamental rights, rule of law, etc, are enshrined in our constitution. Democracy has been adopted in India and every effort has been made to strengthen it. 

In the Preamble, India is declared ” A sovereign, socialist, secular democratic republic”. In the preamble it is mentioned that the aim of construction is to provide social, economic and political justice to all the citizens. Adult franchise has been introduced in India. It has been tried in the constitution to establish system of ideal democracy in principle. But in practice India democracy is suffering from various social and economic evils which have proved a curse.

(b) Neha was in the impression that the constitution made soleman promises of ensuring liberty, equality, and fraternity. Since this has not happened the constitution has failed. It is true that our constitution is a unique document whose main purpose was to accommodate the aspirations of the people of india. But as we see today the unconstitutional activities are increasing. Equality of all its (India’s) members, freedom of the citizens is being distributed by some people who have got power and money. 

The elections are likely held fair and free but indirectly money and muscle power is used. Some people of criminal antecedents have succeeded in grabbing political power. Political leaders are playing the politics of vote-bank. The court or the judiciary has to interfere in the working of the executive and legislatures. All problems whether it is terrorism or illegal immigration of foreigners or it is the problem of communial riots or it is Naxalism are to be faced more and more. In such a manner it is right to say by Neha, that the goals are not achieved and the constitution has failed to fulfill the needs of the individuals.

(c) But is Azima has said the constitution has not failed us. We have failed the constitution. We have not applied our efforts honestly to fulfill the promises of our citizens as right to work and to gainful employment, equal pay for equal works, protection against exploitation by individuals, groups or institutions. Still there are 26 percent people who are below poverty line, corruption in polities as well as in public sector is increasing. But all these evils are due to our a representatives and the public as they do not fulfil their duties honestly. The citizens should be enlightened as well as be vigilant. They must be active in public affairs and also help the fellow citizens in the exercise of their rights and discharge of obligations. 

They should cooperate with the government in all its good works. External vigilance is said to be the price of liberty in democracy, and only enlightened citizens can exercise proper vigilance. The citizens should be educated properly and the social  and economic inequality should be curbed. Only then the policies given in the constitution may be implemented thus we can say that the constitution has not failed us we can say that the constitution has not failed us we have failed the constitution.

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(ii) Rights in the Indian Constitution/Fundamental Rights

 TEXTUAL QUESTIONS AND ANSWERS

PART – A

Q.1. Write true or false against each of these statements:

(a) A bill of Rights lays down the rights enjoyed by the people of a country.

Ans : True.

(b) A bill of Rights protects the liberties of an individual. 

Ans : True.

(c) Every country of world has a Bill of Rights.

Ans : False.

(c) The constitution guarantees remedy against violation of Rights.

Ans : True.

Q.2. which of the following is the best description of Fundamental Rights?

(a) All the rights an individual should have.

(b) All the rights given to citizen by law. 

(c) The rights given and protected by the constitution.

(d) The rights given by the constitution that can’t ever by restricted.

Ans : (c) The best description of Fundamental rights is the rights given and protected by the constitution. 

Q.3. Read the following situations. Which fundamental Rights being used or violated in each case and how?  

(a) Overweight male cabin crew are allowed to get promotion in the national airlines but their women colleagues who gain weight are penalised.

(b) A director makes a documentary film that criticise the policies of the government.

(c) People displayed by a big dam take out a rally demanding rehabilitation.

(d) Andhra society runs telugu medium schools outside Andhra Pradesh.

Ans : (a) In this situation right to equality bis violated. According to the right to equality mentioned that all the citizens are considered equal in all aspect of life and nobody should be discriminated against on the basis of sex caste, creed colour etc. 

(b) In this situation the freedom of expression is being used. According to the article 19 of Indian constitution states that all citizen shall have the right to freedom of speech and expression.

(c) In this situation people used freedom to reside and settle in any part of India which is given to the citizens in Right to Freedom According to Article 19 of Indian constitution.

(d) Andhra society runs telugu medium schools outside Andhra pradesh through the use of cultural and educational rights of Indian citizen According to the Article 30, the citizens have the right establish and administer education institutions of their choice.

Q.4  Which of the following is a correct interpretation of the cultural and Educational Rights?

(a) Only children belonging to the minority group that has opened educational institutions can study there.

(b) Government schools must ensure that children of the minority group will be introduced to their belief and culture. 

(c) Linguistic and religions minorities can open schools for their children and keep it reserved for them.

(d) Linguistic and religions minorities can demand that their children must not study in any educational institution except those manage by their own community.

Ans : (c) Linguistic and religions minorities can open schools for their children and keep it reserved for them is the correct interpretation of the cultural and Educational Rights. Arts 29 of Indian constitution lays down that any section of the citizens residing in the territory of India or any part there of Having distinct language, script or culture of its own shall have the right to conserve that same. On the other hand under Art. 

30, the constitution admits that all minorities, whether based on religion or languages,  shall have the right to established and administer educational institutions of their choice. They have the right to admit students to their institutions, to have their own government bodies and to adopt their respective of institutions Further the state while providing grant -in-aid to educational institutions can’t discriminate against such minority institutions.

Q.5. Which of the following is a violation of Fundamental Rights and why?

(a) Not paying minimum wages.

(b) Banning of a book. 

(c) Banning of loudspeakers after 9 PM.

(d) Making a speech.

Ans : Not paying minimum wages is violation of Fundamental Rights Against Exploitation. Art 23 lays down that the selling and buying of man and woman and exploitation of people by forcing them to work as bonded labourers or work without remuneration, an offence

Q.6. An activist working among the poor says that the poor don, t need Fundamental Rights What they need are Directive principle to be made legally binding. Do you agree with this? Give your reasons.

Ans : The most immediate requirement of the poor people are fooding, clothing and shelter. The activist is partly correct in saying that the poor don’t need Fundamental Rights. Directive principle of state policy contain several non-justiciable rights like the right to Adequate Livelihood, Equal pay for equal work (for man and woman), rights against Economic Exploitation which if made justiciable can help in improving the economic conditions of the poor. Recently right to work has been party made justiciable. In rural areas which is not bound to have positive effects on the conditions of the poor. However the Fundamental Rights are important which guarantees the right to life, right to employment and right against exploitation.

Q.7. Several reports show that caste groups previously associated with scavenging and forced to continue in this job. These in positions of authority refuse to give them any other job. Their children are discouraged from pursuing education. Which of their Fundamental Rights are being violated in this instance?

Ans : In this instance the following Fundamental rights and violated 

(1) Right to Freedom :- Personal freedom were violated when they were forced to continue in their job and we’re refused the other jobs. The freedom of profession is violated.

(2) Cultural and Educational Rights :- When the children are discouraged from pursuing education, the cultural and educational rights are violated. Every child has the right to get admission to any government or government aidid educational institution.

(3) Right to Equality :- According to this right, all the citizens of the country are equal in the eyes of the law. Everyone has equality of opportunity in employment. The untouchability has been abolished. So in the above instance Right to Equality is also violated.

Q.8. A petition by a human rights group free attention of the court to condition of starvation and hunger in the country.Over five crore tonnes of food grains was stored in the godowns of the food corporation of India. Research shows that a large number of ration card holders do not know about the quality of food grains they can purchase from fair price shops. It requested the court to order the government to improve its public distribution system.

(a) which different rights does this case involve how are these right interlinked?

(b) Should these rights from part of the right to life.

Ans : (a) The different rights involved in this matter and these are Right to Equality. Right Against Exploitation, Right to life and Right to constitutional Remedies. Every body is equal before the law and has equal protection of law. The fact that a large number of ration card holders do not know about the quality of food grains from ration shops makes it clear that they have not equal protection of law. The ration shop owners and exploitating these ignorant people. 

Thus right against Exploitation is involved. There are over five crores tonnes of food grains stored int he godowns of Food corporation of India. Some of the people who do not have knowledge about the quantity of food they could buy from ration shops may starve in want of food. Thus right to life is involved. The human rights group drew the attention of the court to the condition of starvation and hunger in the country utilising the right to constitutional Remedies.

(b) Yes, all these rights should from part of the right to life.

Class 11 Political Science Chapter 2 Rights in the Indian Constitution The answer to each chapter is provided in the list so that you can easily browse throughout different chapters NCERT Class 11 Political Science Chapter 2 Rights in the Indian Constitution and select need one.

Long Types Questions & Answers

Q.9. Read the statement by Somnath Lahiri in the constituent Assembly quoted in this chapter. Do you agree with him? It yes, give instances to prove it. If not, give arguments against his position.

Ans : Somnath Lahiri’s statement in the constituent Assembly ” I feel that many of these fundamental rights have been framed from the point of view of a view of a police constable you will find that very minimum rights have been conceded and are almost invariable fallowed by a provision which takes away the right almost completely. 

What should be our conception of fundamental rights? We want to incorporate every one of these rights which our people want to get”.

yes I completely agree with Somnath Lahiri’s view. A Police constable keeps vigil on the unlawful activities and helps in maintaining law and order in the society. Most of the fundamental rights have been framed in this framework. There would be violation and then remedial order by the courts. These rights do not include more substantive rights like the Right to adequate livelihood, equal pay for equal work (for men and women), right against economic exploitation etc. Hence a very few of the rights have been conceded ideally everyone of those rights which our people want should be incorporated.

Q.10. Which of the Fundamental Rights is in your opinion the most important right? Summarise its provisions and give argument to show why it is most important? 

Ans : In my opinion the important right is the right to Constitutional remedies in Indian constitution.

Article 32 provides effective provisions for the protection and enforcement of fundamental rights which are an guaranteed by the Indian constitution. This article guarantees the right to move the supreme court by appropriate proceedings for the enforcement of the rights. It empowers the supreme court to issue direction or orders or writs for this purpose. 

The writs include-habeas corpus,mandamus,prohibition Quo Warranto, certiorari etc. Any citizen can move to the supreme court for getting his fundamental right/rights protected through any one of these writs. Besides the supreme court, the high courts can also issue these writs (Article 226) for enforcing the fundamental rights of the people.

The right to Constitutional remedies is often described as the most fundamental of all the fundamental rights because without it the people would be left with no means to get their right enforced. Dr. Ambedkar observed,” If  I was asked to point to any particular Article in this constitution as the most important article without which this constitution would be a nullity. I could not refer to any other article except this one”

Q.11. What are the Fundamental Rights of indian citizens. What is importance of the Fundamental Rights?

Ans : Part 3 of Indian constitution enumerated six fundamental (originally seven but after the 44th Amendment, Right to property( Art.31) has been selected) to the Indian citizens.

These are :-

(1) The right to Equality (Arts 14 to 18)

(2) The Rights to Freedom (Arts 19 to 22)  

(3) The right to Freedom of Religion (Arts 23 to 24)

(4) The Right to Freedom of Religion (Arts 29 to 30)

(5) Cultural and Educational Right (Arts 29 to 30)

(6) Right to constitutional Remedies (Art. 32)

The importance of fundamental rights can be mentioned as under-

(1) The fundamental Rights incorporated in Part 3 of the constitution constitute a for midable foundation of Indian democracy. These are designed to ensure a healthy heart environment for the development of the people.

(2) Part 3 constitutes a valuable and important check upon the government and acts as a bulwark against executive despotism It provides for the essential rights and freedom without which no one can attempt to attain one’s best self.

(3) It provides protection to minorities by guaranteeing cultural and educational rights.

(4) By making untouchability a crime, it has taken a commendable step towards the securing of social equality in India.

Q.12. What do you mean by “Protective discrimination”?

Ans : The idea of Protective discrimination” is an endeavour to achieve social justice in India. Protective discrimination means the preference given in admission to public educational institutions and in Public employment to the scheduled castes and scheduled Tribes and certain other backward classes.

Q.13. What are the difference between the Fundamental Rights and Directive principles.

Ans : The difference between the fundamental rights and directive principles are discussed as under-

(1) Fundamental rights are negative injunctions while directive principles are positive institutions.

(2) Fundamental rights are justiciable, directive principles are non- justiciable.

(3) Fundamental right provide for political democracy where as directive principles aim at socio-economic democracy.

(4) There is legal superiority of fundamental rights over the directive principles.

(5) Fundamental rights have already been attained but directive principles are yet to be attained. 

(6) There is limitation on fundamental rights but lack of constitutional limitations on directive principles.

(7) Fundamental rights are backed by law, directive principles by public opinion

(8) Fundamental rights can be suspended during emergency while directive principles are in a state of permanent suspended animation.

These are the difference between fundamental rights and directive principles.

Q.14. What do you mean by directive principles of state policy?

Ans : The constitution of India in its part 4 (Arts 36 to 51) describe, “The directive principles of state policy”. This part, introduced, under the influence of the Irish constitution, lists as set of principles which are to guide the policies of the state. Further, it is designed as a supplementary part containing a list of socio economic right and freedoms which the state should secure for the people through suitable enact ments. It constitute a manifestation for securing the socio-economic foundations of India democracy Dr. Ambedkar described it as a unique feature of the Indian constitution.

Q.15. What are the importance of directive directive principles?

Ans : The importance of directive principles are:

(1) Directive principle are backed by public opinion

(2) It provide for a welfare state.

(3) Directive principles are necessary to provide a guide to the government for making policies and laws for the purpose of securing justice.

(4) Directive principles are supplementary to the fundamental rights.

(5) It is helpful in the interpretation of the constitution.

Q.16. Analyse the four steps that the state has taken to implement the Directive principles.

Ans: (1) Reorganisation of the panchayats:- By 73rd Amendment Act, the panchayati Raj & by 74th Amendment Act municipal institution have been revamped. The have been given fixed tensures, assured election and more financial and non-financial powers

(2) Protection of the interest of the weaker sections of society:-

The state has taken steps to provide educational and health facilities to the persons belonging to weaker sections of society.

(3) Help to small scale and cottage industries:- The state extends help and encouragement to small scale and cottage industries.

Several boards like all India khadi and village Industries Board, small scale Industries Board, All India Handloom Board, etc are established for the purpose.

(4) Free and compulsory education:- Laws have been made for compulsory primary education to spreading adult education and woman education.

Q.17. Write three drawbacks of directive principles.

Ans : Lack of legal force :- The critics hold that directive principles are lack of legal force. Their violation or non realisation can’t be challenged in any court.

(2) Lack of clarity :- Several principles lack of clarity. The directive to promote international peace and friendly cooperation among all the nations is a laudable declaration. But the real issue is how to secure it? No clear guideline has been given for this purpose.

(3) Their realisation depends upon the will of the legislature :-

The legislative is tosecurre these as and when it may be possible for it. 

Q.18. What are the fundamental duties of Indian citizens to explained in part 4 A, Article 51(A) of the Indian constitution? 

Ans : (1) To abide by the constitution and respect its ideals and institutions, the National Flag and National Anthem.

(2) To cherish and follow the noble ideals which inspired our national struggle for freedom.

(3) To uphold and protect the sovereignty, unity and Integrated of India.

(4) To defend the country and render national service when called upon to do so.

(5) To promote harmony and the spirit of common brother hood, amongst all the people of india transcending religious linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women.

(6) To value and preserve the rich heritage of our composite culture.

(7) To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

(8) To develop scientific temper humanism and the spirit of inquiry and reform.

(9) To sateguaral public property and the abjure violence.

(10) To strive toward excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

Q.19. Right about right to Freedom as the fundamental right.

Ans: Under a set of 4 Articles (Art 1922), the constitution grants the Right to Freedom. These articles together constitute a charter of freedom of the people of India.

(A) Article 19 of the constitution guarantees six fundamental freedom of the citizens. It states: All citizens shall have the right to;

(1) Freedom of speech and language.

(2) Freedom of assembly.

(3) Freedom to from associations.

(4) Freedom of movement.

(5) Freedom to reside and settle.

(6) Freedom of profession, occupation, trade and business.

(B) Under Articles 20, the constitution provides protection against arbitrary conviction in respect of offence committed by the people.

(C) Article 21 provides protection to the life and liberty of citizens as well a non-citizens.

(D) Artie 22 provides for Protection against arbitrary arrest and definition.

Q.20. Write about right to equality.

Ans : The description of fundamental rights of an Indian begins by a description of Right to Equality ( Arties 14to18) and many as fine rights stand incorporated in it-

(1) Art.14 guarantees to all citizens and others equality before law.

(2) Art 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth.

(3) Art 16 provides for equality of opportunity for all citizens in matter relating to employment or appointment to any office under state.

(4) Art 17 abolished untouchability in India, and makes its practice in any form an of pence punishable under the law.

(5) A under the Art 18, the constitution prohibits the state from conferring any titles except honours for military or academic distinction.

Thus the constitution, under Arts 14-15 grants right to equality to the people. However, along with provisions for equality, it also provides fo Protective discrimination.

21. Write a note on the 42nd Amendment of the Constitution of India. 

Ans : The Forty-second Amendment of the Constitution of India, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in Indian history. 

It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history, and is sometimes called a “mini-Constitution” or the “Constitution of Indira”. Almost all parts of the Constitution, including the Preamble and amending clause, were changed by the 42nd Amendment, and some new articles and sections were inserted.

Basis for Comparison	Lok Sabha	Rajya Sabha
Meaning	Lok Sabha is the House of People, where people who are eligible to vote can elect their representative by way of direct elections.	Rajya Sabha is the Council of states,where the representatives are indirectly elected by the elected representative of Assembles of States and Union Territories.
Permanency	The operation of Lok Sabha continues for 5 years, unless dissolved earlier.	It is a permanent body
Maximum number of member	552 Members	250 Members.
Minimum age for being a member	25 Years	30 Years
Introduction of Money Bill	Only in Lok Sabha	After the bill approved in the Lok Sabha it is sent to the Rajya Sabha for consideration.
Representative	Speaker	Vice President of India.

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(III) System of Representational Democracy

TEXTUAL QUESTIONS AND ANSWERS

PART – A

Q.1. Which of the following resembles most a direct 

democracy?

(a) Discussion in a family meeting.

(b) Election of the class monitor.

(c) choice of a candidate by a political party.

(d) Decisions taken by the Gram Sabha.

(e) Opinion palls conducted by the media.

Ans : (d) Decisions taken by the Gram Sabha is the best example of direct democracy

Q.2. Which of the following takes are not performed by the election commission?

(a) Preparing the electoral rolls.

(b) Nominating the candidates.

(c) Setting up polling booths.

(d) Implementing the model code of conduct.

(e) supervising the panchayat elections.

Ans : (e) Supervising the panchayat elections is not performed by the election commission.

Q.3. Which of the following is common to the method of election of the members of Rajya Sabha and Lok Sabha?

(a) Every citizens above the age of 18 is an eligible voter.

(b) Voter can give preference order for different candidates. 

(c) Every vote has equal value.

(d) The winner must get more than half the votes.

Ans : (a) The only common thing on both the elections is that every citizen above the age of 18 is an eligible voter. In the Lok sabha election the voters elect their candidate directly but in Rajya Sabha they elect their candidate indirectly.

Q.4. In the First past the past system, that candidate is declared winner who –

(a) Secures the largest number of postal ballots.

(b) Belongs to the party that has highest number of votes in the country.

(c) Attain first position by securing more than 50% votes.

(d) Has more votes than any other candidate in the constituency.

Ans : (d) The candidate has more votes than any other candidate in the constituency.

Q.5. What is the difference between the system of reservation of constituencies and the system of separate electorate? Why did the constitution makers reject the latter?

Ans : The separate electorate was started by the British government that the Muslims, Sikhs and some other minorities elect their representatives by their own separate vote. But it was most harmful. As a result the nation resorted to the partition. In separate electorates, the candidates are elected by those voters who belong to that particular community. But in the system of reservation of constituencies all voters in a constituency are eligible to vote but candidates must belong to only that particular community for which the seat is reserved. The constitution provides for reservation of seats in the Lok Sabha and state Legislative Assemblies for the scheduled castes and scheduled Tribes. The latter the system of separate electorate was rejected by the constitution makers because they were aware that the system destroyed the spirit of national integration.

Q.6. Which of the following statements are incorrect? Identify and correct them by substituting, adding or rearranging only one word or phase.

(a) FPTP system is followed for all the elections in India.

(b) Election commission does not supervise panchayat and Municipal elections.

(c) President of India can not remove an Election commissioner.

(d) Appointment of more than one Election commissioner in the election commission is mandatory.

Ans : (a) This statement is incorrect. The correct statement FPTP system is followed for all elections in India except election of the president, the vice President and for the elections to the Rajya Sabha and Vidhan Parishad.

(b) Election commission does not supervise panchayat and Municipal elections. This statement is correct.

(c) This statement is incorrect. The correct statement is: The president can remove an Election commissioner.

(d) This statement is incorrect. The correct statement is: 

The appointment of more than once election commissioner is not mandatory.

Q.7. India electoral system aims at insuring representations of society disadvantaged sections. However we are yet to have even 10 percent woman member in our legislatures. What measures would you suggest to improve the situation?

Ans : There is system of reservation of seats for Scheduled castes and scheduled tribes in our legislatives in by the Indian constitution. But there is no provision of reservation for other disadvantaged groups. As such there is no reservation of seats in the Lok Sabha and State Assemblies for women. To improve the situation of state Assemblies. In the connection there should be demand for reserving one third seats for women. So,we need  an amendment to the constitution. Till this time, several amendment bill have been introduced but yet been not passed such bills.

Q.8. Here are some wishes expressed in a conference to discuss a constitution for a new country. Write against each of these whether FPTP or proportional representation system is more suited to meet each of these wishes.

(a) People should clearly know who is their representative so that they can hold him or her personally accountable.

(b) We have small linguistic minorities who are spread all over the country. We should ensure fair representation to them.

(c) There should be no discrepancy between votes and seats for different parties.

(d) People should be able to elect a good candidate even it they do not like his or her political party.

Ans : (a) FPTP.

(b) Proportional representation.

(c) Proportional representation.

(d) FPTP.

Q.9. A former chief commissioner joined a political party and contested election. There are various views on this issue one view is that a former election commissioner is an independent citizen and has a right to join any political party and to contest election. According to the other view, leaving this possibility open can effect the impartiality of the of the election commission. So former Election commissioner must not be allowed to contest any elections. Which position do you agree with and why?

Ans : According to Article 324 (1) of the Indian constitution, there is a provision for election commission, who will be responsible for conducting the elections of the union parliament, the state legislative assemblies, president and vice president. The election commission is an independent and impartial agency to conduct the free and fair elections in the country. A former election must not be allowed to contest any election because it can affect the impartiality of the election commission.

Q.10. What do you mean by Adult Franchise? 

Ans : The constitution provides for a uniform franchise to all the citizens. The right to vote is granted to the citizens of 18 years or above of age without any discrimination on the basis of caste, religion,sex , education, property and place of birth. It also stated that all men and women of 18 years or above age and whose named appear in the electoral lists, and who have not been disqualified under the law from exercising the franchise, can vote in the election to the Lok Sabha and the state Legislatures.

Q.11. What do you mean Joint electorates?

Ans : According to Article 325 of Indian constitution about the joint electorates, there shall be one general electoral roll for every territorial constituency for election to either house of parliament or to the house or either house of the Legislature of a state. All eligible voters without any discrimination form a common joint electorate for electing their representatives.

Q.12. Write about secret Ballot system.

Ans : Secret ballot system is a important method for the voters to cast vote for selection of representative among various candidates. In this system every voter chooses his/her own candidate in Secret. He does not disclose the views about the candidate to whom the favours. One of the importance in the system that no parties or candidates pressurise the voters to cast vote in favour of them.

Q.13. What is meant by the term election manifesto? 

Ans : Election manifesto is a document or pamphlet that includes the programmes, policies and aims of a political party. Election manifesto clarifies the internal and external policies of political party concerned. It is declared by the political parties on the eve of the elections.

Q.14. Describe the composition of election commission.

Ans : The constitution provides for an election commissioner and such other election commissioner, if any as the president may from time to time determine (Art.324)  presently, the election commission consists of a chief election commissioner and two  other election commissioner. Chief election commissioner is appointed by the president and he holds office during the pleasure of the president. Generally the chief election commissioner and other commissioner are appointed for a term of six years. No person who has attained the age of 65 years can remain its member.

Q.15. What do you mean by the term” code of conduct in election”? 

Ans : One of the event of the elections, the election commission formulated and enforces a code of conduct for parties  which clearly defines the nature and scope of the corrupt practice during elections, electoral offences and breaches of official duties known as code of conduct in election.

Long Types Questions & Answers

Q.16. ” Indian democracy is now ready to shift from a crude. First post system to a system of proportional representation”. Do you agree with this statement? Give reason for or against this statement.

Ans : The makers of our constitution adopted the first past the post system in general but proportional representation for the election to the president, vice President, Rajya Sabha and Vidhan Parishad. They  felt that in general proportional representation based  election may not be suitable for giving a stable government in a parliamentary system. It was noticed that proportional representation system may not produce a clear majority. 

So FPTP System generally makes it possible for parliamentary government to function smoothly and efficiently by facilitating the formation of a stable government. The FPTP system encourages votes from different social groups to come together to win an election in a locality. But after that general elections 1989, there were unstable governments upto1998 and after that from 1999 it has been this position it is felt that “Indian democracy” is now ready to shift from a FPTP system to a system of proportional representation . 

But it the Indian social context where the oppressed social groups and castes rest everywhere, it is demanded by an ideology that proportional representation would be better. But it is not true and it will not suit our purposes. The FPTP system encourages voters from different social groups to come together to win a election. The proportional representation system would encourage each community to from its own nation wide party. That would be harmful for our spirit of national integration.

Q.17. What are the powers and functions of the election commission. 

Ans : The Constitution of India, its Arts 324-328, 

enumerates the powers and functions of the election commission.

These can be described as under :

(1) Preparation of the electoral rolls :- The election commission prepared the electoral rolls for the election to the Parliament all state legislature including the local bodies.

(2) Superintendence and direction :- Superintendence, direction and control of all matters pertaining to election of the president, vice-president, Parliament and state legislatures. 

(3)  Advice :- Rendering advice to the president and Governors on the questions of disqualification incurred by the members of the union or state legislatures.

(4) Appointment of election officers :- Appointment of election officers for inquiring into the disputes arising out of or connected with the election arrangements.

(5) Settlement of disputes :- Settlement of disputes regarding allotment of election symbols to the parties at the time of election.

(6) Determine the code of conduct :- To determine the code of conduct to be observed by the parties and the candidates at the time of elections.

(7) Recognition of political parties :- It is an another function for election commission to accord recognition to political parties ad all India or state parties.

(8) Decides disputes :- Another function of election commission to decides disputes regarding election symbol in the event of split.

(9) Notification of dates and schedules :- the election commission notified the dates and schedules of elections and scrutinizes of the nomination papers.

(10) Procuring staff :- procuring the necessary staff for the conduct of the election from the president and governors of the states is an another function of election commission.

Thus those are the important powers and functions of election commission.

Q.18. What is direct and indirect method election system in India.

Ans :- There are two types of election system to select a candidates by the voters direct and indirect. In the direct type of elections, all the voters participate in the elections of their representatives. When a voter himself takes part in election directly and goes himself to the polling both and casts his votes to a candidate of his own choice it is called direct election. In this method secret method of ballot is used. 

In the other hand in indirect method of election, the voters do not elect their representatives to legislative assemblies directly, but elect intermediary electors elect representatives to the legislative assemblies.

Q.19. What is independence of the election commission Indian constitution.

Ans : The Constitution of India has Incorporated several steps for ensuring the independence of the election commission from the possible influence of the Parliament, the president, the union council of minister and the bureaucracy. It has been laid down that the chief election commissioner can be removed from the office only by a system of impeachment. For this purpose, the Parliament has to pass a resolution supported by a majority of total membership and 23rd majority in each house individually and then this resolution is to be presented to the president who alone can then order his removal. 

Other election commission can’t be removed from office except on the advice of the election commissioner. Further, the conditions of service of the Chief election commissioner can’t be changed to his disadvantage after his appointment.

Q.20. Explain the different stages of electoral process of India.

Ans : The electoral process in India is operationalised is several stags, which can be explained as under :

(1) Delimitation of constituencies :- the first step in conduction the elections can be described as the delimitation of constituencies which is done by a delimitation commission appointed after every census by the president.

(2) Preparation of electoral rolls :- An important step in the conduct of election is to get prepared constituency wise the electoral rolls which record the names of the eligible voters.

(3) Notification of elections and appointment of returning officers and other staff :- After consulting the control and state governments, the election commission announce the poll calendar, i.e. the dates for filling the nomination papers, scrutiny of nomination papers and withdrawal of names by the candidates.

(4) Withdrawal of nominations :- After scrutiny, the candidates are allowed to voluntarily withdraw their nomination by a fixed date, ad fixed by the election commission.

(5) Scrutinize of nomination papers :- After the last date for the filling of the nominations, all the nomination papers are scrutinized by the returning officers in the presence of the candidates.

(6) Withdrawal of nominations :- After scrutiny, the candidates are allowed to voluntarily withdraw their nomination by a fixed date, as fixed by the election commission.

(7) Election Campaign :- It is an another stage for electoral rolls. Each party issue an election manifesto which states its policies, programmes and promises.

(8) Polling of votes :- In this stage, the voters go the polling boot and cast their vote in favour of his/her candidate.

(9) Counting of votes and declaration of result :- After polling of votes, the election commission declaration of result: After polling of votes, the election commission declared a candidate who gets more valid votes than all other candidates as elected.

(10) Election petition for settlement of electoral disputes :- After the declaration of the result, the election of a winning candidate can challenged either by the defeated candidates or by a voter or a group of voters. For this purpose an election petition can be filed before the high court within a fixed period.

Thus, election system in India is a well structured system.

Q.21. Mention any four weaknesses of the electoral system India. 

Ans : (a) Misuse of mass media :- During elections the ruling party uses various means of mass media-Radios, Television and Newspapers etc.- to propagate their policies and programmes. 

(b) Low polling percentage :– In India, many voters do not cast their votes. The voting percentage generally is almost 50 to 60 percent. Therefore, the representative bodies are not truly representative. 

(c) Delay in the disposal of election petitions :- In India, it takes a long time in the disposal of election petitions and sometimes the very purpose of election petition gets defeated. 

(d) Use of caste and religion in election :- In India, a large number of votes are cast on the basis of caste and religion. As a result people get divided on the basis of caste, religion and community which is very harmful for national unity.

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