AHSEC| CLASS 11| POLITICAL SCIENCE| SOLVED PAPER - 2021| H.S.1ST YEAR

  

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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