AHSEC| CLASS 11| POLITICAL SCIENCE| SOLVED PAPER - 2022| H.S.1ST YEAR

 

AHSEC| CLASS 11| POLITICAL SCIENCE| SOLVED PAPER - 2022| H.S.1ST YEAR

2022
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. Answer the following as directed:

(a) Mention one function of the Constitution.      1

Ans:- It guarantees the rights of the citizens.

(b) Right to Property is a Fundamental Right. (Write True or False)    1

(c) Mention one feature of First Past the Post system.     1

Ans:- The candidate who gets the most votes in the constituency is declared the winner. In this system, a candidate who receives more votes than the other candidates wins.

(d) In which year was the 42nd Amendment passed in the Indian Parliament? 1

Ans:- In 1 February 1977.

(e) Who is the real executive in India?        1

Ans:- A person who has real powers to execute all important decisions.

(f) The Indian Constitution was adopted on November 26, 1949. (Fill in the blank)    1

2. Mention two federal features of the Indian Constitution.     2

Ans:- The two federal features of the Indian Constitution are:

(i) Supremacy of the Constitution: The Constitution of India is also supreme and not made by the hands of the Center or the States. If for any reason any organ of the State dares to violate any provision of the Constitution, the courts of law are there to ensure that the dignity of the Constitution is upheld at all costs.

(ii) Rigid Constitution: The Indian Constitution is largely a rigid constitution. All provisions of the Constitution relating to Centre-State relations can be amended only by joint action of the State Legislatures and the Union Parliament. Such provisions can be amended only if the amendment is passed by a two-thirds majority of the members present and voting in Parliament (which must also be an absolute majority of the total membership) and by at least half of the states.

3. What do you mean by Public Interest Litigation (PIL)?     2

Ans:- Legal action that is taken on a human rights or equality issue of wide public concern. This is an opportunity to clarify, develop or change the law. It usually involves groups of people who have been disadvantaged, overlooked, or treated unfairly. If the case is successful, it will benefit the whole society.

4. Mention two functions of the Indian Parliament.     2

Ans:- The Indian Parliament has two functions:

(i) Legislative Functions:

(a) The primary function of the Parliament is to make laws.

(b) It not only makes new laws but also reviews the being laws and tries to make them better and further useful for the citizens.

(ii) Administrative functions: Parliament has significant control over the executive and the members of the executive are answerable to the parliament for their policies and decisions.

5. Mention two Fundamental Rights enshrined in the Indian Constitution.      2

Ans:- The two fundamental rights enshrined in the Indian Constitution are:

(i) Right to equivalency, which includes equivalency before law, prohibition of demarcation on grounds of religion, race, estate, coitus or place of birth and equivalency of occasion in matters of public employment.

(ii) Right to liberty, which includes freedom of speech and expression, freedom of assembly, association, movement, and occupation.

6. What do you mean by Universal Adult Franchise?  2

Ans:- Universal adult ballot means that all citizens who are 18 times of age or over are free to  bounce irrespective of their  estate or education, religion, colour, race and  profitable conditions. In a republic, a universal adult ballot is important, as it is grounded on the idea of equivalency.

7. Write the name of two writs issued by Indian Judiciary.    2

Ans:- Types of Writs in India:

The Supreme Court of India is the protector of the fundamental rights of the citizens. For that he has basic and detailed powers. It issues five types of writs to enforce the fundamental rights of the citizens. Writs are of five types:

(i) Habeas corpus

(ii) Mandate

(i) Habeas corpus: The Latin meaning of the word 'habeas corpus' is 'to have a body.' This writ is used to enforce the fundamental right of personal liberty against unlawful detention. Through habeas corpus, the Supreme Court/High Court orders a person who has arrested another person to bring the latter's body before the court.

(ii) Mandamus: The literal meaning of this writ is 'we order'. This writ is used by the court to order the public official who has failed or refused to perform his duty, to resume his work. Apart from public officials, mandamus can be issued for the same purpose against any public body, a corporation, an inferior court, a tribunal, or the government.

8. Mention briefly the structure of Panchayati Raj Institutions in accordance with 73rd Constitutional Amendment.   4

Ans:- The 73rd Amendment 1992 added a new Part IX to the Constitution titled "Panchayats" incorporating the provisions of Articles 243 to 243(O); and a new Eleventh Schedule covering 29 subjects within the functions of Panchayats.

Importance of Amendment:

The amendment implements Article 40 of the DPSP which states that "the State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government". necessary" and have upgraded them from it. is non-equitable to the equitable part of the Constitution and casts a constitutional obligation on the States to implement the Panchayati Raj Acts as per the provisions of Part IX. However, states have been given sufficient freedom to consider their geographical, politico-administrative, and other conditions while adopting the Panchayati Raj system.

Main characteristics:

(a) Gram Sabha: Gram Sabha is a body at the village level consisting of all the persons registered in the voter list belonging to the village included in the area of the Panchayat. Since all the persons in the voter list are members of the Gram Sabha, they are not elected representatives. Furthermore, the Gram Sabha is the only permanent unit in the Panchayati Raj system and is not constituted for a specific period. Though it serves as the foundation of Panchayati Raj, it is not one of the three tiers of the same. The powers and functions of the Gram Sabha are decided by law by the state legislature.

(b) Three Tiers of Panchayati Raj: Part IX provides for a three-tier Panchayat system, which shall be constituted in every State at the village level, the intermediate level, and the district level. This provision brought uniformity in the Panchayati Raj structure in India. However, states that had a population of less than 20 lakhs were given the option of not having an intermediate level.

All the members of these three levels are elected. In addition, the chairpersons of the panchayats at the intermediate and district levels are indirectly elected from among the elected members. But at the village level, the election of the President of the Panchayat (Sarpanch) may be direct or indirect as provided by the State in its Panchayati Raj Act.

(c) Reservation in Panchayats: There is a provision for reservation of seats for Scheduled Castes and Scheduled Tribes at each level of the Panchayat. Seats are to be reserved for Scheduled Castes and Scheduled Tribes at each level in proportion to their population. 1/3rd of the reserved seats should be reserved for women belonging to Scheduled Castes and Scheduled Tribes. One-third of the total seats to be filled by direct election should be reserved for women. An amendment bill is pending which seeks to increase the reservation for women to 50%. The seats reserved for different constituencies in the Panchayat may be allotted by rotation. The State may also provide for reservation for the offices of Speakers by law.

(d) Tenure of the Panchayats: A clear term of 5 years has been provided for the Panchayats and elections must be held before the expiry of the term. However, the Panchayat can be dissolved earlier on specific grounds as per the State Legislations. In that case the election should be held before the expiry of 6 months from the dissolution.

(e) Disqualification of members: Article 243F provides for disqualification from membership. According to this article, any person who is qualified to become a legislator is eligible to become a member of a panchayat, but the minimum age prescribed for a panchayat is 21 years. Further, the disqualification criteria are to be decided by the State Legislature by law.

(f) Finance Commission: The State Government is required to appoint a Finance Commission every five years, which will review the financial position of the Panchayats and make recommendations on the following:

(i) Distribution of taxes, duties, tolls, fees etc. levied by the State to be divided among the Panchayats.

(ii) Allocation of income among different levels.

(iii) Taxes, tolls, fees assigned to Panchayats

(iv) Grants-in-aid.

This report of the Finance Commission will be placed on the table of the state assembly. In addition, the Central Finance Commission also suggests measures needed to augment the Consolidated Fund of the States to supplement the resources of the Panchayats in the States.

(g) Powers and Functions: 11th Schedule: Requires State Legislatures to make laws to provide powers and authority to Panchayats to enable them to perform the functions of local government. The 11th Schedule ensures the distribution of powers between the State Legislature and the Panchayats.

9. Write a note on the powers and functions of the Election Commission of India.      4

Ans:- The Constitution of India, in its articles 324–328, enumerates the powers and functions of the Election Commission.

These can be described as follows:

(i) Preparation of Electoral Rolls: The Election Commission prepares electoral rolls for elections to Parliament for all State Assemblies including local bodies.

(ii) Superintendence and Direction: Superintendence, direction and control of all matters relating to elections to the President, Vice President, Parliament, and State Legislatures.

(iii) Advice: To advise the President and Governors on questions of disqualification made by members of the Union or State Legislatures.

(iv) Appointment of Returning Officers: Appointment of Returning Officers to inquire into disputes arising out of or connected with the conduct of elections.

(v) Settlement of disputes: Settlement of disputes regarding allotment of symbols to parties at the time of elections.

(vi) To lay down the code of conduct: To lay down the code of conduct to be followed by the parties and candidates at the time of elections.

(vii) Recognition of Political Parties: Recognition of political parties as All India or State parties is another function of the Election Commission.

(viii) Decides disputes: Another function of the Election Commission to decide disputes regarding election symbol in case of division.

(ix) Notification of dates and schedules: The Election Commission notified the dates and schedules of elections and scrutiny of nomination papers.

(x) Procuring Staff: Another function of the Election Commission is to procure staff required for the conduct of elections from the President and the Governors of the States.

Thus, they are important powers and functions of the Election Commission.

10. Discuss briefly the amendment procedure of the Indian Constitution.      4

Ans:- Procedure for amending the Constitution of India:

The Constitution of India provides a specific amendment procedure as compared to the constitution of other countries. It can be described as partially flexible and partly rigid. The constitution amendment provides diversity in the process. Where is this characteristic of Australian academic Sir Kenneth, who felt that "quite unnecessary restrictions" have been imposed in parts of the Constitution? An amendment to the constitution can be initiated only by introducing a bill in any House of Parliament. Then a Bill should be introduced in each House by most of the total membership of that House and a majority of not less than two-thirds of the members of that House. There is no provision for a joint sitting in case of disagreement between the two houses.

 

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