AHSEC| CLASS 11| POLITICAL SCIENCE| SOLVED PAPER - 2021| H.S.1ST YEAR
2021
POLITICAL SCIENCE
Full Marks: 100
Pass Marks: 30
Time: Three hours
The figures in the margin indicate full marks for the questions.
PART – A
(Indian
Constitution at Work)
1. (a) Who was the Vice President of the Constituent Assembly? 1
Ans:- H C Mukherjee V T Krishnamachari.
(b) The
Directive Principles of the State Policy are justiciable. (Write True or
False) 1
(c) When was
the Election Commission of India formed?
1
Ans:- 25 January 1950.
(d) Who is the
nominal executive in India? 1
Ans:- The President.
(e) Who
elects the members of the Legislative Assembly?
1
Ans:- From
each constituency, the people elect a representative who then becomes a member
of the Legislative Assembly (MLA).
(f) In which
case did the Supreme Court advance the theory of basic structure of the Constitution
of India? 1
Ans:- The
phrase 'Basic Structure' cannot be found in the Constitution itself. The
concept was first recognized by the Supreme Court in 1973 in the landmark
Kesavananda Bharati case. Since then, the Supreme Court has been the
interpreter of the Constitution and the arbiter of all amendments made by the Parliament.
2. Mention two functions of a constitution. 2
Ans:- The functions of the constitution are:
(i) The
constitution should provide a set of basic rules that allow people to live
together in trust and harmony.
(ii) It should
specify how the government would be constituted, and who would have the
decision-making power for a particular scenario, and so on.
3. Mention two goals of the Directive Principles of the
State Policy. 2
Ans:- The Directive Principles of State Policy have two
goals:
(i) To establish a
socialist state.
(ii) To establish
a free society.
4. Mention two federal features of the Indian
Constitution. 2
Ans:- The federal features of the Indian Constitution can
be discussed as under: -
(i) Division of Powers:
Like every other federal constitution, the Constitution of India divides powers
between the Union Government and the State Governments.
It divides
all the subjects into 3 parts:
(a) Union
subjects (97), on which the central government makes laws and administers them
in India time.
(b) State
subjects (66), on which each State Government makes laws and administers them
in its territory; and (3) concurrent subjects (47) on which both the central
and state governments can make laws. Both the Center and the States derive
their powers from the Constitution.
(ii) Diarchy Administration:
Diarchy system is established in India. Every citizen is subject to two
governments - the government of the state in which he lives and the government
of India. He participates in the election of both these governments and follows
the laws of the Center and the State. He pays taxes to both the governments, as
both of them work to provide services to him in their respective areas
according to the stand demarcated by the constitution.
5. What do you mean by decentralization of power? 2
Ans:- Decentralization of power means the division of
power between different levels of government. In India, power is shared between
the central, state, and local governments.
6. How was the size of the Council of Ministers limited
by the 91st Amendment Act (2003)? 2
Ans:- The 91st Amendment Act of our Indian
Constitution made it a rule that the size of the Council of Ministers,
including the Prime Minister, shall not exceed 15% of the total seats in the
Lok Sabha. From this percentage, there can be a maximum of 81 ministers.
7. Why is India called a republic? 2
Ans:- A republic is a country where the head of a
particular state is an elected individual and not a hereditary monarch. India
is known as a republic country because the people of India elect the head of
the state government. It has also been included in the Constitution of India.
8. Discuss the differences between First Past the Post
(FPTP) system and Proportional Representation (PR) system. 4
Ans:- The differences between First Past the Post (FPTP)
system and Proportional Representation (PR) system are:-
|
Basis for comparison |
First past the post |
Proportional
representation |
|
Meaning |
First past
the post is a voting system in which people vote for the candidate of their
choice and the person with the most votes win. |
Proportional
representation is an electoral device in which seats are allocated to
political parties based on the number of votes they cast. |
|
Constituency |
The whole
country is divided into different geographical units, namely constituencies. |
Large
geographical areas are called constituencies. |
|
Representative |
One
representative is elected from each constituency. |
One or more
representatives can be elected from one constituency. |
|
Vote |
Votes are
cast for the candidate. |
The party is
voted for. |
9. Discuss the composition of State Legislative
Assembly. 4
Ans:- To understand what a state legislature is, we
must first know the difference between a bicameral and a unicameral
legislature. In a bicameral system there are two houses or chambers of the
legislature, while in a unicameral system there is only one house of the
legislature. The Indian Parliament is a bicameral type of legislature.
The State
Legislative Assembly is the lower house or the popular house of the bicameral
State Legislature. It is also known as the Legislative Assembly. The Upper
House is called the State Legislative Council or Legislative Council. In the
case of a unicameral state legislature, there is only one house, namely the
state legislative assembly.
Nominated
Members of the State Legislative Assembly:
According to the
Indian Constitution, a State Legislative Assembly must consist of at least 60
members and not more than 500 members. However, exceptions are made for states
such as Goa, Mizoram, Sikkim, and the union territories of Puducherry (based on
their low population density). These places can have less than 60 nominated
members in their Legislative Assembly.
Nominated members
of the State Legislative Assembly are popularly known as MLAs. It is an acronym
for Members of the Legislative Assembly.
Eligibility
to become a nominated member of the State Legislative Assembly:
Universal adult
suffrage elects the members. All adult citizens (above 18 years) have been
given the right to vote without discrimination based on caste, class, or
religion.
To be eligible
to become a nominated member of the State Legislative Assembly, one must
fulfill the following criteria:
(i) The person
must be a citizen of India
(ii) The
person should be at least 25 years of age
(iii) The name
of the person should be in the electoral roll of any state constituency
(iv) the
person should not hold any office of profit under the Government of India
(v) The person
should not have been convicted by a court of law or found guilty of an offense
at the time of contesting the election
(vi) The
person must be of sound mind
Representation
or Reservation in the State Legislative Assembly:
(i) Article 332
of the Constitution of India provides for reservation of seats for Scheduled
Castes and Scheduled Tribes in State Legislative Assemblies.
(ii) The
Governor of the State has the right to nominate a member of the Anglo-Indian
community in case of under-representation.
Duration of
State Legislative Assembly:
Normally the
term of the State Legislative Assembly is five years. However, in exceptional
circumstances, the term may be changed:
(i) Under
Article 356, on account of a constitutional emergency, the President may
dissolve the term before completion
(ii) Under
Article 352, in case of national emergency, the period can be extended by the
Parliament (not exceeding one year at a time).
(iii) With the
support of the majority, it can be dissolved by the Governor on the advice of
the Chief Minister.
10. Explain the judicial review power of the Supreme
Court of India. 4
Ans:- According to Dimmock, "Judicial review is
the examination of legislative status and executive or administrative acts by
the courts, in matters actually before them, to determine whether they are
prohibited by a written constitution or exceed power."
In the words of
Pennock and Smith, "Judicial review refers to the power of the courts to
interpret the constitution and to declare void the acts of the legislature,
executive or administration if it finds them in conflict with the supreme law.
In simple
words, we can say that judicial review is the power of the court by which it-
(i) reviews the
actions of the legislature and the executive in matters referred to him;
(ii) determine
the constitutional validity of the Acts;
(iii) Rejects
the Act or any part thereof which is found to be unconstitutional or against
the Constitution.
Judicial
Review in India: The Constitution of India is the supreme law of the land,
and the Supreme Court of India has Supreme responsibility to interpret and
protect the Constitution. It also acts as the guardian protector of the
fundamental rights of the people. For this purpose, the Supreme Court exercises
the power to determine the constitutionality of legislative and executive
measures and to strike down any measure or any part thereof that is found to be
unconstitutional. This power of the Supreme Court is called judicial review
power.
State High Courts
also exercise such power but their decisions can be rejected or modified or
upheld by the Supreme Court. Constitutional basis of judicial review in India:
The following articles of the constitution provide constitutional basis to the
system of judicial review-
(i) Article
13: This article states that the laws which are against the fundamental
rights shall be void. The Supreme Court has the power to determine their
constitutionality.
(ii) Article
32: This article enshrines the right to approach the Supreme Court for the
enforcement of fundamental rights enshrined in Part III of the Constitution.
(iii)
Articles 131 and 132: These two articles explain the original and appellate
jurisdiction of the Supreme Court respectively.
(iv) Article
226: This article provides the basis for the exercise of judicial review
power by the State High Courts to protect the fundamental rights of the people.
(v) Article
246: This article also provides the basis of judicial review of the Supreme
Court, entrusted with the power to decide all cases of Centre-State disputes on
the division of powers between them.
(vi) Articles
124' (6) and 219: Under these articles the judges of the Supreme Court and
the High Court’s respectively are required to take an oath of allegiance
"to the Constitution as by law established".
Importance of
Power of Judicial Review:
(i) Judicial
review lies in case of written constitution: India has a written
constitution and in the written constitution. The words and language of the
constitution are sometimes technical which is difficult for a layman to
understand. Therefore, the power of judicial review is necessary for proper
interpretation of the constitution.
(ii) Judicial review is necessary to protect civil liberties: It is rightly said that the rights and liberties of the citizens are not unlimited. Therefore, for the safety and security of the State and keeping in view the public interest, the Government may impose certain limits on them, whether these limits are just or unjust, it is the jurisdiction and duty of the Court to decide what can only be done. Through the power of judicial review.
***
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