SECTION-A

1. What is an Office Memorandum? What is the importance of the Office Memorandum

issued in August 1990?

o Definition: An Office Memorandum is a formal written communication issued by the

government to declare policies, orders, or decisions.

o Significance of August 1990 Office Memorandum:

1. Introduction of SEBC Reservation: It introduced a 27% reservation for

Socially and Educationally Backward Classes (SEBC) in jobs, adding to the
existing reservations for SC and ST categories.

2. Impact on Equality: This decision sparked debates about equality. While

some argued it denied opportunities to non-backward classes, others
believed it offered fair representation to underrepresented communities.

3. Judicial Validation: The issue led to the landmark Supreme Court case,
Indira Sawhney and Others vs. Union of India, which upheld the validity of
the memorandum.

4. Long-Term Policy: It became a cornerstone for reservation policies in India,

influencing social justice measures.

2. What was the Mandal Commission?

o Objective: A commission set up by the Government of India to identify socially or

educationally backward classes and recommend measures for their advancement.

o Key Recommendations:

1. 27% reservation for SEBC in government jobs and educational institutions.

2. Review of socio-economic indicators to determine backwardness.

3. Implementation of policies to uplift backward communities.

o Impact: Its report formed the basis of the August 1990 Office Memorandum.

3. Throw some light on the ‘Indira Sawhney and others Vs Union of India case’.

o Background: This Supreme Court case was triggered by the Office Memorandum
granting 27% reservation to SEBC.

o Key Judgment (1992):

1. The Court upheld the validity of the memorandum, affirming the reservation
policy.

2. It emphasized the 50% ceiling on total reservations to ensure fairness.

3. Established the concept of "creamy layer" exclusion within SEBC to exclude

economically advanced individuals from availing reservation benefits.

o Significance: The judgment balanced reservation policies with principles of equality

enshrined in the Constitution.
4. Why do we need to have political institutions? Name a few political institutions at work in
our country.

o Reasons for Political Institutions:

1. Decision-Making: Institutions ensure systematic decision-making and

implementation.

2. Consultation: They allow for wider consultation, ensuring diverse voices are
heard.

3. Checks and Balances: Prevent misuse of power by distributing authority.

4. Accountability: Ensure leaders and officials remain answerable to the public.

o Examples: Parliament, Prime Minister, Council of Ministers, Judiciary, and the

President.

5. What is Parliament? Why do we need Parliament?

o Definition: Parliament is the supreme legislative body of a country, comprising

elected representatives who exercise political authority on behalf of the people.

o Need for Parliament:

1. Law-Making: It is the final authority for creating laws.

2. Government Accountability: The government must have Parliament's

support to make decisions.

3. Control of Finances: Parliament oversees the government's budget and

expenditure.

4. Debate and Discussion: It is the highest forum for public issue deliberation
and policy discussion.

6. How are the powers divided between the two chambers or houses? Give examples to
show that the Lok Sabha is more powerful.

o Division of Powers:

1. Lok Sabha: Directly elected, exercises real power.

2. Rajya Sabha: Indirectly elected, represents states and regions, performs

advisory roles.

o Examples of Lok Sabha's Supremacy:

1. Ordinary Laws: In case of disagreements, a joint session is held where Lok

Sabha's majority usually prevails.

2. Money Bills: Lok Sabha has exclusive authority; Rajya Sabha can only suggest
amendments.

3. No-Confidence Motion: Only Lok Sabha can pass a no-confidence motion,

leading to the government's dismissal.
 7. How is the Prime Minister appointed?

o Appointment Process:

1. The President appoints the leader of the majority party or coalition in Lok
Sabha as the Prime Minister.

2. If no majority exists, the President chooses the individual most likely to

secure a majority.

3. The Prime Minister’s tenure depends on maintaining majority support in Lok

Sabha.

8. What are the powers and functions of the Prime Minister?

o Powers and Functions:

1. Cabinet Leadership: Chairs Cabinet meetings and supervises ministries.

2. Policy Coordination: Ensures harmony among departments and resolves

disputes.

3. Appointments and Dismissals: Has the authority to appoint or dismiss

ministers.

4. Government Leadership: Represents the government domestically and

internationally.

5. Ministry Restructuring: Distributes and redistributes ministerial portfolios.

6. Ultimate Authority: The entire Council of Ministers resigns if the Prime

Minister steps down.

Here’s the detailed elaboration of the remaining questions:

SECTION-b (Continued)

9. How is the President elected?

 Election Process:

1. Electoral College: The President is elected by an electoral college consisting of:

 Elected members of both Houses of Parliament.

 Elected members of the Legislative Assemblies of states and Union

Territories with legislatures (Delhi, Puducherry, and Jammu & Kashmir).

2. Proportional Representation:

 Voting is done through a single transferable vote system.

 The value of votes differs:

 MPs' votes are uniform.

  MLAs' vote value depends on their state’s population and number of
MLAs.

3. Majority Requirement:

 A candidate must secure more than 50% of the total valid votes to win.

10. Mention the powers of the President.

 Executive Powers:

1. Appoints the Prime Minister and other Ministers based on the majority in the Lok
Sabha.

2. Appoints Governors, Judges of the Supreme Court and High Courts, and key officials
like the Chief Election Commissioner.

 Legislative Powers:

1. Can summon and dissolve Parliament sessions.

2. Gives assent to bills, and can send certain bills back for reconsideration (except
money bills).

3. Issues ordinances when Parliament is not in session.

 Judicial Powers:

1. Has the power to grant pardons, reprieves, respites, and remissions of punishments.

 Military Powers:

1. Supreme Commander of the Armed Forces.

2. Declares war and peace based on the government’s advice.

 Emergency Powers:

1. Can impose National, State, or Financial Emergency under specific conditions.

11. What do you mean by the Judiciary? Why do we need an independent judiciary?

 Definition:
The judiciary is the branch of government responsible for interpreting and applying laws,
ensuring justice, and resolving disputes.

 Need for an Independent Judiciary:

1. Impartial Justice: Prevents bias and ensures fair decision-making.

2. Checks and Balances: Acts as a safeguard against the misuse of power by the
executive or legislature.

3. Rule of Law: Upholds equality before the law and protects citizens’ fundamental
rights.
 4. Dispute Resolution: Resolves conflicts between individuals, organizations, and
governments.

12. What is the structure of courts in India?

 Three-Tier Structure:

1. Supreme Court:

 Highest court in India, located in New Delhi.

 Handles constitutional cases, appeals, and disputes between states or the

union and states.

2. High Courts:

 Present in states or group of states.

 Handles appeals from lower courts and state-related matters.

3. Subordinate Courts:

 Includes District Courts, Magistrate Courts, and other lower courts.

 Handles civil and criminal cases at the local level.

13. Differentiate between Criminal and Civil Law.

Aspect Criminal Law Civil Law

Definition Deals with crimes and punishments. Deals with disputes between individuals.

Maintains public order and punishes

Purpose Provides compensation or remedies.
offenders.

Examples Murder, theft, assault. Property disputes, breach of contract.

Imposes fines, imprisonment, or other Orders compensation or enforcement of

Court’s Role
penalties. rights.

14. Explain the importance of the judiciary in a democracy.

1. Protecting Rights: Safeguards fundamental rights of citizens.

2. Upholding the Constitution: Ensures that laws and policies align with constitutional
principles.

3. Arbitrating Disputes: Resolves conflicts between individuals, states, and the union.

4. Ensuring Accountability: Checks the abuse of power by other government branches.

5. Public Trust: Builds confidence in the rule of law and democratic governance.