Introduction to the Parliamentary System

Exercise

Q. 1. A. Choose the correct option and rewrite the statements.

Parliamentary System of government developed in _______

A. England

B. France
C. United States of America
D. Nepal

Answer : (a) England

• The British parliament is valued as the earliest parliament in today's world.

• It is called as the "Mother of Parliaments"

• It was formed in 1707

(b) is incorrect because French Parliament was formed in 1789

(c) is incorrect because US parliament was formed in 1789

(d) is incorrect because Parliament in Nepal was formed in 2015.

Q. 1. B. Choose the correct option and rewrite the statements.

In the Presidential system _______ is the executive head.

A. Prime Minister

B. Lok Sabha Speaker

C. President
D. Governor

Answer : (a) Prime Minister

The Prime Minister of India is the chief and executive head of the government. He also
has the roles of:

• The leader of the majority party in the parliament

• Chief consultant to the president

• Head of the council of ministers.

(b) is incorrect because the lok sabha speaker has the roles of:

• full authority of the loksabha

• maintaining discipline and modesty in Loksabha

• Permitting the moving of various kinds of decisions.

(c) is incorrect because the president has the roles of :

• The chief of Indian Armed Forces

• The authority to dissolve Loksabha, if needed

• The authority to appoint the prime minister

(d) is incorrect because Governor has the roles of:

• Appointing Chief Minister and other ministers of the State

• Advising the CM and other legislative members of improved conduct of the state

Q. 2. Complete the information in the following table.

Answer :
Q. 3. A. Explain the following statements with reasons.

India adopted the parliamentary system of government.

Answer : parliamentary system is a form of Government in which the rulers are elected
by the people. It is based on election where those currently in power have a reasonable
chance of losing. In a democracy every adult citizen has one vote and each vote has
the right to elect their representatives. The final decision making power is with those
elected by the people called as representatives.

There are clear reasons for India to be the parliamentary system of government. They
are:

• In a parliamentary system leaders from various communities and the smaller groups
form association to the majority. The parliamentary system is also fine in protecting
against a one-man rule.

• In 1947 India adopted the Parliamentary form of democracy. India was under the
British rule till then and thus it is similar to British model of parliamentary.

• India is the land of diversities in culture. Therefore representations from every field are
to be guaranteed. Therefore parliamentary system was the most convenient one.

• The executive (law making) and the legislative (law executing) branches are linked to
each other and Prime Minister is the head of the government. This provides the smooth
functioning of the democratic system.

• The members of Lok Sabha are directly elected by the people. The members of Rajya
Sabha are indirectly elected by the members of Legislative Assemblies. This helps in
democratic maintenance in India.

• The Parliament functions under well written Rules and procedures known as ‘Rules of
Business of Parliament’. It has the important role to carry out different social affairs.

• In India, each state government has legislature which is known as Legislative

Assembly. Grama Panchayath, Block Panchayath, District Panchayath, Town
Panchayath, Municipalities, Municipal Corporations, and Area Development Authorities
etc have its own law making body known as councils. The Local bodies perform their
responsibilities with the support of common people.

• Responsibility of Council of Ministers is checked by techniques like Question Hour in

the Parliament houses

Democracy wins to deliver its purpose when democratic norms are practised well.
Corruptions in the legal, executive and political sects of the government and destruction
of electoral reforms etc create problems in India’s democratic system. Steps are to be
taken for maintaining India’s parliamentary pattern of Government.

Q. 3. B. Explain the following statements with reasons.

Discussion and deliberations are important in a parliamentary system of

government.

Answer : The Parliament is a legislative, elected body of government. Therefore it is

important to consider the opinion of both the ruling party and the opposition. The
opposing viewpoints are good in all cases. It increases the ability to view an issue from
all the points of thought. In the case of parliamentary system, debates are carried out in
both the houses of it. Lok sabha and rajya sabha discuss on all the fields of social life
and take important decisions for common citizens. The importance of such discussions
can be pointed as:

• The parliamentary members discuss the issue from all its perspectives. The ruling
party and the opposition debate on it and pass the ‘bill’ which is expected to be
beneficial to the social life of common people.

• The act of discussions and deliberations are an important feature of parliamentary

system. The members of the ruling and opposition parties speak not for their personal
interests, but for majority of the people.

• The laws and decisions which are harmful to the people can be discarded though the
discussions.

• The supreme authority of taking decision cannot be given to a particular person or

party when discussions are carried out.

• Getting members’ opinion from diverse perspectives is a big way to solve a situation.

• Debates are made by different party members. The spokesperson (speaker) will
remain neutral and takes decision based on the majority.

Thus the parliamentary debates are the key-process to the democratic system of
government. It helps the parliament to perform three functions: representing the
citizens, making laws, and managing the government.

Q. 4. A. Answer the following in 25 to 30 words.

What is a responsible government?

Answer : responsible government is answerable to parliament as it has members who

are always directly elected. Moreover, it is the principle of any democratic government.
A responsible government cannot carry out functions as per its whims and fancies as it
is directly responsible to the Parliament. Eg: India, Canada, United Kingdom, Australia
etc.

By definition, “Responsible government is a conception of a system of government that

embodies the principle of parliamentary accountability, the foundation of the
Westminster system( Parliamentary system developed by UK) of parliamentary
democracy”.

Q. 4. B. Answer the following in 25 to 30 words.

Enumerate the characteristics of the presidential system of government.

Answer : The important characteristics of the presidential system of government are:

• The President is the executive head of the whole system.

• The executive, legislature and judiciary are separated and are not inter-related.

• The President has ultimate powers to decide on any law and he appoints the cabinet
of ministers.

• The President is directly elected by people

By definition, “A presidential system is a democratic and republican system of

government where a head of government leads an executive branch that is separate
from the legislative branch.”

Q. 5. Why is the role of opposition parties important? Write your opinion.

Answer : Opposition parties are important in any democratic government which is

formed ‘by the people’. It is important because:

• It questions the activity of the ruling Government and speaks for the common people.

• It stays watchful so that the Government make no terrible steps harmful to the
common people

• It informs people about the unnecessary bills which are risky to the social life.

Project

Q. 1. Watch the live telecast proceedings of the Lok Sabha and Rajya Sabha on
the national channel Doordarshan and write your observations.
Answer : Parliament of India is the highest legislative body of India. Our country is a
sovereign, socialist, secular, democratic republic with a parliamentary system of
government. It consists of two Houses – Lok Sabha (House of the People) and Rajya
Sabha (Council of States). The President of India has the power to call the two Houses
of Parliament or to dissolve the Lok Sabha.

It is very difficult for a common man to understand the bureaucrat proceedings in

parliament. The official proceedings and terms are also complicated. But parliamentary
debates are witty, reasonable and simple to watch. Therefore it is important to
understand the basic details of both the houses of parliament.

The Rajya Sabha

• Meaning of Rajya Sabha is the “Council of States” and it is the upper house of the
Parliament of India.

• Membership is limited to 250 members, 12 of whom are chosen by the President of

India (nominated members) for their expertise in specific fields of art, literature, science,
and social services.

• The remaining members are elected by state and territorial legislatures.

• Terms of office are for six years and one-third of the members facing re-election every
two years.

The Lok Sabha

• Lok Sabha is composed of representatives of the people chosen by direct election.

• The maximum strength of the House predicted by the Constitution is 552 which is
made up by election (530 members represent state, 20 members represent union
territories, 2 Anglo-Indian community),

The observations of the proceedings from Lok Sabha and Rajya Sabha are:

• The meeting is in the central Hall for Joint Sittings of both the Houses in the
Parliament house.

• The Speaker acts as both the judge of each discussion in both the houses.

• A debate round has two teams consisting of two debaters each and a Speaker.

• “Speaker” always shows the power to judge from the neutral point of view. The
opinions, statements and tick-offs of the speaker is without any partialities to ruling class
or opposition. One team represents the Government, while the other represents the
Opposition.
• The Government team is composed of a Prime Minister, who has the opportunity to
speak twice, and a Member of Government, has to speak once. But in the current
session Prime Minister was absent as he was in a tour. The Opposition team is
composed of a Leader of the Opposition, who has the chance to speak twice, and a
Member of the Opposition, who speaks once.

• The question hour is at 11am (for an hour) in both the houses. The proceedings
began. The Government proposes a specific case statement and the government team
demonstrates it correctly.

• The Opposition does not propose anything. They demonstrate that the case statement
is wrong.

• Arguments and discussions are carried by representatives of the opposition and ruling
government.

• Finally, the Speaker decides at the end of the round, whether the Government
confirms its case or whether the opposition invalidates it. The team which met its trouble
more is the opposition and thus the ruling party convincingly wins. These are totally
based on the arguments made in the round.
The above picture is the example of one of the printed documents about the
debates in parliament .

During the Parliamentary debates, a respective member rises to ask a question or put in
a short statement and the following procedures are observed:

• The debater before the talk rises from his or her seat, places one hand on top of the
head and extends the other arm to show signs that he or she has a point of discussion.
His/Her talk is called the Point of Information (POI)

• The debater or the person who is talking chooses to identify the point or not. The
debater simply says “No thank you,” or waves the questioner off. But the questioner
from opposition party did not sit down. He slightly interrupted the session.
• Later, the debater who is speaking recognizes the point, and allows the man from
opposition to talk on his point of discussion

• In between, debater who speaks does not recognize the point of opposition
immediately. She just left the questioner stand until it is convenient for her. Later she
indicated to explain the opposition’s point of view.

• Some debaters ask a special form of POI called a point of clarification. It is because
debater does not understand the case or a particular argument. The speaker tries to
answer the doubt and gives explanation to ensure a confusion-free debate round. When
some parliamentarians starts to raise their loud noises the speaker warns them and
asks not to abuse the idea of debate and commands not to ask too many clarification
questions.

• Together with the serious discussion, there is also funniness and humour in the
debates.

• At the end of the day of sitting, the Lok Sabha & Rajya Sabha secretariats came up.
They have with them two bulletins. The first bulletin is the summary of the day’s
proceedings. The second bulletin is on the important announcements provided during
the day.

These are the observations of the sessions in Lok Sabha and Rajya Sabha. These
proceedings in the parliament houses are very important in building up the democratic
nature of our constitution. There is no one man rule. The decisions are taken by the
healthy debates and the representatives act as the tongue for common people.
 The Indian Parliament

Exercise
Q. 1. A. Complete the following sentences by choosing the correct option.

Candidates to the Lok Sabha are elected through ______

A. Territorial constituencies

B. Religious constituencies.
C. Local bodies
D. Proportional Representation System

Answer : (a) Territorial constituencies:- The main basis upon which seats are
allocated in the Lok Sabha from various states is the population of the state. Each state
is divided into various territorial constituencies, which is readjusted following the census.
In that way, the ratio of the population and seat is maintained within the state and union.

(b) Religious constituencies:- these are the constituencies from where religious
minorities are elected to be the representatives.

(c) Local bodies:- these are the bodies or institutions of local self-governance, whose
primary concern is to look after the administration of an area or small community like
villages, towns or cities. Examples are :- municipal corporation, municipality board,
committee, town area committee etc.

(d) Proportional Representation System :- a system in which the number of seats

held by members of a political party in a Parliament is determined by the number of
votes its candidates receive in an election. In India, Rajya Sabha election is actually
based upon proportional representation system.

Q. 1. B. Complete the following sentences by choosing the correct option.

India’s ______ is the ex-officio Chairman of the Rajya Sabha.

A. President

B. Vice-President
C. Prime Minister
D. Chief Justice

Answer : (a) President :- In India , the President of India is the nominal head of state of
India and the commander in chief of the Indian armed forces. He is indirectly elected by
an electoral college consisting of Parliament of India (both houses)and the legislative
assemblies of each of India’s states and territories. The president is bound by the
constitution to act on the advice of Prime Minister and the cabinet.
(b) Vice-President:- the Vice President of the Indian Parliament is the second highest
constitutional office in India after the president of India. He acts like a president in the
absence of the president in case of sudden death, resignation, impeachment of the
president. He is the ex officio chairperson of the Rajya Sabha.

(c) Prime Minister:- The Prime Minister of India is the leader of the executive of the
government of India. The Prime Minister is also the chief adviser to the president of
India and head of the council of ministers. Prime Minister of India is appointed by the
President. people vote for a member of Parliament and the largest party either by
winning, or coalition with a majority of winning MP’s chose one among them as their
leader. He should be a member of any house( Lok Sabha or Rajya Sabha). He is the ex
officio chairman of the planning commission, national development council, national
integration council, inter state council and national water resources council.

(d) Chief Justice:-The chief justice of India is the head of the Indian judiciary system.
He is appointed by the President of India. He is responsible for the allocation of cases
and appointment of constitutional benches.

Q. 2. A. Find and write.

Members of Lok Sabha and Rajya Sabha are known as ...........

Answer : Members of the Parliament.

India is a Parliamentary country, and it consists of a President, Lok Sabha (council of

people) and Rajya Sabha (Council of states). So all the members either from Lok Sabha
or Rajya Sabha, they together are called as members of Parliament.

Q. 2. B. Find and write.

The responsibility of making laws is with the …

Answer : Executive branch of the government.

It is the responsibility of the executive branch of government to develop new policies

and laws. It is the responsibility of the legislative branch (Parliament) to approve policies
and pass new laws to give legal effect to the policies concerned.

Q. 3. A. Explain following statements with reasons.

Rajya Sabha is a permanent House.

Answer : Rajya Sabha which is also called the upper house or council of states of the
Indian Parliament is a permanent house because it is subject to no dissolution. One-
third of the members retire every second year and are replaced by newly elected
members. The term for each elected member is of 6 years and can have a maximum of
250 members.

Q. 3. B. Explain following statements with reasons.

Rajya Sabha is known as the first House.

Answer : Lok Sabha is denoted as the second house or lower house of the Parliament.
Rajya Sabha is known as the first house or upper house of the Indian Parliamentary
system. The division is not on the basis of functions or powers and does not mean that
Rajya Sabha is superior to the Lok Sabha. It just follows the nomenclature of British
Parliament.

Q. 4. A. Answer the following in 25 to 30 words.

How are members of the Lok Sabha elected?

Answer : Lok Sabha which is called the house of people, is the lower house of the
Indian Parliamentary system. It has 545 members out of which 543 are directly elected
by the citizens of India on the basis of universal adult franchise representing
Parliamentary constituencies, and 2 of the members are appointed by the President of
India from the Anglo Indian community.

Q. 4. B. Answer the following in 25 to 30 words.

Explain the functions of the Speaker of Lok Sabha.

Answer : Speaker of the Lok Sabha is called the Presiding officer of the Lok Sabha. His
or her main functions are:-

• To preside over the meetings of Lok Sabha, ensure and maintain discipline in the Lok
Sabha.

• To determines the agenda of the Lok Sabha in consultation with the leader of the
house, allotting time for debates and selecting members who would participate in it.

• To certify whether a bill is a money bill or not, to cast a vote in case of a tie.

• To interpret the rules of procedure of the house and gives his rulings. His ruling is final.

• According to the 52nd Constitutional Amendment Act 1985, the Speaker determines
whether a member of the Lok Sabha is to be disqualified on the ground of defection.

• The Speaker is the head of the Parliamentary committees. He appoints the chairman
of several committees.
• He is the spokesman of the Lok Sabha, and he represents it in all ceremonial
functions.

Q. 5. Explain the steps involved in the law making process.

Answer : Indian democracy has a federal structure of government. Here laws at made
and interpreted at different levels by the union and state governments. The legislative
process in India is as below –

• Introduction of a bill by the members of the Parliament for the consideration in either of
the two houses of the Parliament.

• Publication of the bill in the Gazette of India

• Referring the bill to a standing committee by the Speaker of Lok Sabha for
examination.

• Second reading of the bill in consideration

• Passing of the bill in the respective house of the Parliament. Money bills are always to
be introduced in the Lok Sabha only.

• After the bill is passed by one house of the Parliament, it is sent to the other house for
approval. In the case of a money bill, the other house can keep the bill for a maximum
of 14 days and in case of an ordinary bill for 6 months without passing or rejecting it.

• In the case of an ordinary bill, the same process is repeated in the other house.

• After both the houses have passed the bill, it is sent to the President for approval after
whose approval, the bill becomes an Act.

Project

Q. 1. The President nominates 12 members to the Rajya Sabha. Collect

information on what are the criteria for their selection.

Answer : The Rajya Sabha or the council of states is the upper house of the
Parliament. Membership is limited to 250 members. The President of India has the
power to nominate 12 members to the Rajya Sabha with special knowledge or
experience in fields like literature, art, science and social service. Recently the president
of India Mr Ram Nath kovind nominated four persons to the Rajya Sabha. Classical
dancer Sonal Mansingh, columnist Rakesh Sinha, sculptor Raghunath Mohapatra and
farmer leader Ram Shakal. All will have a six-year term in the upper house of the
Parliament.
 The Union Executive

Exercise

Q. 1. A. Choose the correct option and rewrite the statement.

In India, the executive power is vested in the _______

(President, Prime Minister, Speaker)

Answer : In India, the executive power is vested in the President.

Explanation: The executive power of the union shall be vested in the President and shall
be exercised by him either directly or indirectly through his subordinates. He appoints
the Prime Minister and other ministers who hold office during his pleasure. All the
executive actions are formally taken in his name in accordance with the Indian
constitution.

Q. 1. B. Choose the correct option and rewrite the statement.

The tenure of the President is of ______ years.

(Three, Four, Five)

Answer : The tenure of the President is of five years.

Explanation: The President holds office for a term of five years. The President can hold
office beyond his term of five years until his successor assumes charge. He can resign
from his office at any time by writing a resignation letter to the vice President.

Q. 1. C. Choose the correct option and rewrite the statement.

The Council of Ministers is led by the _____

(Party chief, Prime Minister, President)

Answer : The Council of Ministers is led by the Prime Minister.

Explanation: The Prime Minister is the head of the Council of Ministers which is the real
executive authority. The Council of Ministers is chosen by the Prime Minister and
formally appointed by the President. The executive powers rest with the Council of
Ministers.

Q. 2. A. Find and write.

The President, the Prime Minister, the Council of Minister are called the –

Answer : The President, the Prime Minister, the Council of Minister are called the – The
union executive
Explanation: The union executive consists of the President, the Council of Ministers and
the Prime Minister. The Prime Minister is called the real executive, and the President is
called the nominal executive. This body is set up to look into the implementation of laws.
Hence it is also called the “Law Implementation body”.

Q. 2. B. Find and write.

During the Parliamentary session, the period around 12 noon is known as -

Answer : During the Parliamentary session, the period around 12 noon is known as -
The zero hour

Explation: This hour is not mentioned in the rules of procedure. It is an informal device
for the members of Parliament to raise their questions without any prior notice but no
one is bound to answer those questions. Alternatively, the time gap between the
question hour and the agenda is known as zero hours. It is an Indian innovation in the
field of Parliamentary procedures and has been in existence since 1962.

Q. 3. A. Write on following concepts in your own words.

Impeachment procedure

Answer : The judges of the Supreme Court and high court and the President can be
impeached by the Parliament before the expiry of their term if in any case there is the
violation of the constitution by them. As per the Indian constitution, President of India
can be removed in a case through his acts or actions; the constitutional norms are
violated. Impeachment is first of the two stages in the process for removing a
government's official without that official's agreement. Following is the procedure being
followed to remove the acting President or the judges:

1. The motion for impeachment can be initiated in either of the houses. Once it is
introduced, the process is carried on further.

2. The impeachment charges initiated by either of the houses should be signed by one-
fourth members of the house and a 14 days' notice should be given to the official to be
impeached.

3. After the resolution is passed by a majority of two-thirds of the total membership of

that house, it is sent to the other house for the charges to be investigated.

4. If the other house also sustains the charges and passes the impeachment resolution
by a majority of two- thirds of the total membership, then the President stands removed
from his office.

In India, no President has far been impeached so far.

Q. 3. B. Write on following concepts in your own words.

No confidence motion

Answer : It is mentioned under article 75 of the Indian Constitution. It says that the
Council of Ministers shall be collectively responsible to the Lok Sabha. This means that
the government stays in office as long as it enjoys the confidence and support of the
majority.

1. It can be introduced only in the Lok Sabha. If the sabha wants to remove the ministry
from the office, it can do so by passing the no-confidence motion.

2. If it is passed in the Lok Sabha, the Council of Ministers must resign from the office. It
needs the support of 50 members to be admitted.

It need not state the reasons for its adoption. It is moved for ascertaining the confidence
of Sabha in the Council of Ministers. It can be moved against the entire Council of
Ministers only. In the case of the majority party, it has no relevance left.

Q. 3. C. Write on following concepts in your own words.

Jumbo ministry

Answer : It means the large size of the ministry or the party. It is basically done to
remain in power at any cost. It is done by including more and more ministers in the party
or ministry. It seems a very complex procedure. This is the by-product of the wishes and
desires of those politicians who are willing to do anything to remain in power. The Uttar
Pradesh Chief Minister Mayawati expanded her cabinet by inducting 56 new ministers
into it.

Q. 4. A. Answer in brief.

Enumerate the functions of the Council of Ministers.

Answer : The Council of Ministers is appointed headed by the Prime Minister to aid and
advise the President. It is the real executive authority. It implements the decision taken
by the Cabinet. Its functions are determined by the Cabinet. Being a central executive
body of the government, the council performs wide-ranging functions which make its
role critical and decisive. Few functions of the council are listed below:

• It forms public policies to be executed which will lead to progress and development.

• Preparation and monitoring of legislative agenda.

• It exercises executive control over administration through appointments and

rulemaking.
• It reviews the work of planning and planning commission.

• It operates funds like contingency funds of India and consolidated fund.

• It is collectively responsible to the lower house of the Parliament.

• It implements the decision taken by the cabinet.

• It helps in coordination among various ministers and other organs of the government.

• Its financial function is to manage the economy through fiscal control and operation of
funds.

Q. 4. B. Answer in brief.

How does the Parliament keep a check on the executive?

Answer : In the Parliamentary form of government, Executive is responsible for its

policies and acts. It exercises its control in the following ways:

1. It supervises the activities of the executives with the help of committees like
committee on government assurance, a committee on petitions, committees on
subordinate legislation, etc.

2. The Parliament exercises control over the executive through question hour, zero
hours, half an hour discussion, short duration discussion, calling attention motion,
adjournment motion, no-confidence motion, censure motion, and other discussions.

3. Parliamentary control is also exercised through its power of ratification. A bill can
become law only with the approval of the Parliament.

4. The ministers are collectively responsible to the Parliament in general. Each minister
is individually responsible for the efficient administration of the ministry under his
charge.

Thus in this way the Parliament can effectively control the executive and ensure a more
responsible government.
Q. 5. Complete the concept picture:

Answer :

Project

Q. 1. If you become the Prime Minister what works will you prioritize? Create a
priority-wise list and present it in class.

Answer : If I become the Prime Minister of my country there are certain works which I
would prioritize as I think that they are the need of the hour.

1. At first, I would form policies which will be actually effective in removing caste system
by its roots from our society. In this way, the discrimination of people on the basis of
class, caste, race, gender, religion etc., can be curbed.
2. Secondly, I would ensure free and elementary education to every child in rural as well
as urban areas. I will see to it that there is physical and socioeconomic access to
education and there are proper infrastructural facilities for the pupil. There should not be
a dearth of experienced teachers in schools.

3. My third priority would be to look at the safety of women. The necessary steps would
also be taken immediately for their health. By this way, the female mortality rate can be
reduced, and the sex ratio can be improved.

4. After this, I would turn towards sanitation and hygiene issue. "Cleanliness is next to
godliness". Only by keeping our country clean we can reduce health issues.

5. Last but not least, I would try to eradicate poverty by generating employment
opportunities for poor people. So that they can get two squares meal a day.

I would undertake all the necessary and stringent methods for the proper
implementation of the above-mentioned policies.

Q. 2. Collect pictures and information of India’s Presidents since independence.

Answer : India got independence on 15th August 1947 from the British rule. Since then
there have been 14 Presidents. Following is the chronological list of Presidents of India:

1. Rajendra Prasad (elected in 1952 and 1957)

He was the first President of independent India and also the longest-serving President.
He was a freedom fighter also during the Indian independence movement.

2. Sarvepalli Radhakrishnan (elected in 1962)

He was a prominent philosopher and writer and also received Bharat Ratna award in
1954 before becoming the President. He was the first President from south India.

3. Zakir Hussain (elected in 1967)

Husain was vice chancellor of the Aligarh Muslim University and a recipient of Padma
Vibhushan and Bharat Ratna. He died in office, the first to do so. He was also the first
Muslim President.

• Varahagiri Venkata Giri

Following the death of President Zakir Husain, Giri was appointed as Acting President.

• Mohammad Hidayatullah (elected in 1969)

He served as Acting President until the election of Giri as the President of India. He has
also served as the chief justice of India.

4. Varahgiri Venkata Giri (elected in1969)

He was the first person to have served as both an acting President and President of
India. He was a recipient of Bharat Ratna.

5. Fakhruddin Ali Ahmed (Elected in 1974)

He was the second Indian President to die in the office. He was a minister before being
elected as the President.

5. Basappa Danappapa Jatti (elected in 1977)

He was the vice President of India during Ahmed's term of office and was sworn in as
Acting President upon Ahmed's death.

6. Neelam Sanjeeva Reddy (elected in1977)

He was the first chief minister of Andhra Pradesh and unanimously elected speaker of
the Lok Sabha.
7. Zail Singh (elected in1982)

He was the chief minister of Punjab and he became Union Home Minister. He was also
secretary general to Non- Alignment Movement.

8. Ramaswamy Venkataraman (elected in 1987)

He was jailed by the British for his involvement in the Indian Independence Movement.
After his release, he was elected to independent India’s Provisional Parliament as a
member of the Congress Party in 1950 and eventually joined the central government.

9. Shankar Dayal Sharma (elected in1992)

Sharma was the CM of Madhya Pradesh and the Indian Minister for Communications.

10. Kocher Raman Narayanan

He served as India's ambassador to Thailand, Turkey, China and the United States of
America. He was the first Dalit President. He also received doctorates in science and
law.

11. Avul Pakir Jainulabdeen Abdul Kalam (elected in 2002)

He was an educator and engineer who played a leading role in the development of
India's ballistic missile and nuclear weapons programs. He also received the Bharat
Ratna.

12. Pratibha Patil (elected in 2007)

She was also the first female governor of Rajasthan

13. Pranab Mukherjee (elected in 2012)

He held various posts in the cabinet minister for the Government of India such as
Finance Minister, Foreign Minister, and Defense Minister.

14. Ram Nath Kovind (elected in 2017)

He was governor of Bihar from 2015 to 2017 and a Member of Parliament from 1994 to
2006. He is the second Dalit President after K R Narayanan and was an active member
of RSS since his youth.
 The Indian Judicial System

Exercise

Q. 1. A. Choose the correct option and complete the statements.

Laws are made by ____

A. Legislature

B. Council of Ministers
C. Judiciary
D. Executive

Answer : (a) is the answer because by definition, “A legislature is a deliberative

assembly with the authority to make laws for a political entity such as a country or
city”. Other duties include: Creating policies, budgets and programs of the Government.

(b) is not the answer because the council of members are the members of the
legislature and they are called legislators.

(c) is not the answer because judiciary is for the applying and protection of the executed
law.

(d) is not the answer because executive is for the execution of laws made by the
legislature.

Q. 1. B. Choose the correct option and complete the statements.

The Chief Justice of Supreme Court is appointed by ____

A. Prime Minister

B. President
C. Home Minister
D. Chief Justice

Answer : (b) is the answer because as per Article 124 of the Constitution of India, the
way to appoint the judges to the Supreme Court of India is only by the president

(a) is not the answer because the prime minister has the responsibility for organizing
and controlling government departments and agencies

(c) is not the answer because the home minister manages domestic policies and
internal securities.
(d) is not the answer because chief justice has duties to assign cases and appoint the
constitutional benches of law.

Q. 2. A. Explain the concepts.

Judicial Review

Answer : The power of the Supreme Court is called the Judicial Review power. This
concept is borrowed from the United States Constitution. Judicial review is not
specifically mentioned in the Constitution of India. It includes:

• The court re-examines the laws and rules of the legislature and executive in cases that
come before them; in litigation cases.

• The court decides the constitutional validity of the laws and rules of the government

• The court rejects that law or any of its part which is found to be unconstitutional or not
in favor of the Constitution.

By definition “Judicial Review refers to the power of the judiciary to interpret the
constitution and to declare any such law or order of the legislature and executive void if
it finds them in conflict the Constitution of India”.

Q. 2. B. Explain the concepts.

Public Interest Litigation

Answer : Public Interest Litigation OR PIL is a rule of law declared by the courts of
record. However, the person (or entity) filing the petition must show to the satisfaction of
the court that the petition is being filed for the public interest and not as a playful court
case for financial gain. Public Interest Litigation is directly filed by an individual or group
of people. It can be filed in the Supreme Court of India and High Courts of India and
judicial member. Though PIL the courts openly recognizes the public good. It is relevant
because the court of law can begin and enforce action to provide and protect significant
Public Interest.

The features of PIL are:

• There are some kinds of reliefs or remedies under the court order power.
PIL gives a wider description to the right to equality, life, and personality (guaranteed by
part III of the Constitution of India).

• PIL plays the role of a helpful tool for changes in society or social welfare.

• Through public interest litigation, any public or person can search for a solution as the
representative of the oppressed class by introducing a PIL.
• PIL can be filed against the government only, not individuals.

Q. 3. A. Write short notes on.

Civil and Criminal Law

Answer : CIVIL LAW

By definition, civil law is “A body of rules that delineate private rights and remedies, and
govern disputes between individuals in such areas as contracts, property, and Family
Law; distinct from criminal or public law”.

Examples : murder, attack, robbery, and drunken driving. Civil law deals with actions
that constitute an damage to a person or other private party, such as a corporation.
Examples : insult (including defame), break of the agreement, inattention resulting in
wound or death, and property damage.

TYPES OF CIVIL LAW

The laws to the following cases are the types of civil law.

• Contract Disputes law

• Property Disputes law

• Torts law

• Class Action Cases law

• Complaints against the City law

CRIMINAL LAW

By definition “criminal law is a body of laws that apply to criminal acts. In instances
where an individual fails to adhere to a particular criminal statute, he or she commits a
criminal act by breaking the law.”

Examples are :

• Violent crimes which include murder and criminal killing, compulsory rape, irritated
assault, and robbery

• Property crimes which include burglary, fire-raising, stealing/theft, and motor-vehicle

theft.
This body of laws is different from civil law because criminal law punishment involves
the rejection of one's rights and imprisonment

Types of criminal law

Misdemeanor crime laws: deal with lower level criminal offense, such as small physical
attack, traffic offenses, or petty thefts. Moreover, in most states, the penalty for these
crime is typically one year or less.

Felony crime laws: deal with crimes involving more serious offenses. Some examples of
felonies include murder, manslaughter, dealing drugs, rape, robbery, and arson.

Q. 3. B. Write short notes on.

Judicial Activism

Answer : Judicial activism is a lawful term that refers to court judgments that are
partially or fully based on the judge’s political or private considerations, rather than
existing laws. In basic terms, judicial activism occurs when a judge who is the head of a
case, allows his personal or political views to direct his judgment when he makes a final
decision(verdict) on a case.

By definition judicial activism refers to “judicial rulings that are suspected of being based
on personal opinion, rather than on existing law”. The definition of judicial activism and
the exact decisions that are activist are controversial political issues. The question of
judicial activism is closely related to constitutional understanding, legislative
construction, and division of powers.

Examples of judicial activism are:

• Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation
of public schools.

• Roe v. Wade – 1973 Supreme Court ruling decriminalizing abortion.

Q. 4. A. Answer in brief.

Why are laws necessary in society?

Answer : Laws are necessary because:

1. It ensures our rights as citizens against abuses by other people, by organizations,

and by the government itself.

2. It protects our general safety, and We have laws to help provide for our general
safety.
3. It exists at the local, state and national levels, and includes things like Laws about
food safety, traffic rules, criminal laws etc.

4. It acts as an instruction as to what is accepted in society.

5. It avoids conflicts between social groups and communities.

6. It allows for easy adoption to changes that occur in the society.

The definition of law is "Indian law is described as the body of jurisprudence created by
treaties, statutes, executive orders, court decisions and administrative action defining
and implementing the relationship among the United States, Indian tribes and
individuals, and the states."

Q. 4. B. Answer in brief.

Enumerate the functions of the Supreme Court.

Answer : The Supreme Court is the uppermost and ultimate superior court of record
and is authorized to exercise its powers, subject to the provisions of the Constitution.
The court rulings take priority over all lower Courts. Consisting of the Chief Justice of
India and a maximum of 30 other judges, it has extensive powers in the form of unique,
decision-making and advice-giving control.

The functions of the Supreme Court are:

• It takes up petition primarily against verdicts of the high courts of various states of the
Union and other courts and tribunals.

• It protects the fundamental rights of citizens and settles an argument between various
governments in the country.

• It hears matters which may specifically be referred to it under the constitution by

President of India.

• It also may take matters on its own, without anyone drawing its attention to them.

• The law declared by the Supreme Court becomes compulsory on all courts within India
and also by the union and state governments.

Q. 4. C. Answer in brief.

Which are the provisions that preserve the independence of the judiciary?

Answer : Independence of the judiciary or judicial independence is the concept

that the judiciary should be independent from the other branches of government. That
means, courts should not be subject to indecent pressure from the other branches of
government or from private or follower interests. Judicial independence is important to
the idea of division of powers.

Provisions to promote judicial independence are

• By granting life term or long term for judges, which ideally frees them to decide cases
and make rulings,

• By the power of judicial review. (judicial review means the ability of the judiciary to
check whether the legislature is improved)

• By separation of Judiciary from the Executive and Legislature

• By prohibition of Practice of judges after Retirement

• By ensuring high qualifications of judges

Q. 5. Complete the table.

Answer : SUPREME COURT...... CHIEF JUSTICE

HIGH COURT............ HIGH COURT CHIEF JUSTICE

DISTRICT COURT..... DISTRICT JUDGE.

Project

Q. 1. Organise a ‘Moot Court’ in your school, prepare and ask questions related to
Public Interest Litigations in this Moot Court.

Answer : As part of our curriculum we had a vibrant moot court orientation program at
the school auditorium. It was all very instructive and helpful. The students participated
actively and the knowledge about our law and judiciary was shared by the mooters
(speakers).
Mooting is a simpler way of debating or arguing. Mooting does a lot more to the school
children as it increases their abilities to talk and present. A litigation culture is to be
developed in every student to ensure the better civil life of every citizen.

There were two groups of speakers: Group and Group B. In debates and arguments we
simply argue to win the situation in any possible manner sometimes by shouting or
screaming. But through mooting we argue sensibly to convince the judge with proper
proofs. The mooters from group A and Group B kept their voice humble, and by
followed the mooting culture and manners.

Mooting skills boosted up the confidence level of the student and the teacher insisited
that every student must participate in one or any other form of speaking of this case, as
it is a fun with learning technique, which is ultimately going to give fruits in future.
Mooting requires lots of hard work and pains but ultimately will give an edge among all
the other students. No one is a born mooter, and mooting is a technique which every
student learns after entering into the process of group-talks and arguments. The more
you practice the better you perform.

Moot court in our school was a very good dummy of original court where students learn
the art of mooting or lawyer-ing. The students are given cases on which they have to
struggle to win the case, that actually happens in actual life situation and actual courts.
It looked like a real court where 3 judges listened to the speakers while each of them
presents their cases. After each presentation or enquiry they fellow mooters start
showering the presenter with thousands of questions.

The mooters prepared the things to be presented after doing a lot of research work and
mooter presents it before the judge.

The PIL was: student XYZ vs. The school

The PIL case Parmanand Katara v. Union of India was replicated here.

One of the students read out about the details of the case “Parmanand Katara, a human
rights activist, filed a writ petition in the Supreme Court. His basis was a newspaper
report concerning the death of a scooterist after an accident with a speeding car.
Doctors refused to attend to him. They directed him to another hospital around 20 km.
away that could handle medico-legal cases.”

Based on the petition, the Supreme Court held important decisions.

The school moot court discussed on the issues on :

• Protection of human life is of supreme importance.

• Every doctor, at a government hospital or otherwise, has the professional duty to

extend his/her services to protect life.
• There should be no doubt that the effort to save the person should receive top priority.

• This is not only to the legal profession, but also to the police and other citizens part of
the matter.

• Right to immediate medical aid

The main highlights of the mooting session were:

On behalf of the petitioner (Mooter X) said that the petitioner, who claims himself to be a
human right activist, filed this writ petition in public interest on the basis of a newspaper
report concerning the death of a scooterist who was knocked down by a speeding car.
He states that the injured person was taken to the nearest hospital but the doctors there
refused to attend on him; that they told that he be taken to another hospital, located
some 20 kilometers away. That hospital was authorised to handle medico-legal cases.
Soon the victim surrendered to his injuries before he could be taken to the other hospital
and died.

On behalf of the Union of India (Mooter Y) said that there was no provision in the Indian
Penal Code, Criminal Procedure Code, or the Motor Vehicles Act, etc. which prevented
doctors from promptly attending seriously injured persons and accident cases before
the arrival of police.

Mooter X: The petitioner has prayed the directions be issued to the Union of India that
every injured citizen brought for treatment should instantaneously be given medical aid
to protect life. The law should be allowed to operate in order to avoid careless death,
and in the event of breach of such direction, suitable compensation should be
admissible.

Mooter Y: The members of the legal profession, our law courts and everybody
concerned will also keep in mind that a man in the medical profession should not be
needlessly harassed for purposes of questioning or for any other formality and should
not be pulled during investigations at the police station and it should be avoided as far
as possible.

The mooting proceedings were so interesting that students U,V,W,Z etc took the roles
of different parties in trial.

The Secretary(student Z), Ministry of Health & Family Welfare of the Union of
India(student W), the Medical Council of India, (Student V) and the Indian Medical
Association(student U) were later put on trial as respondents.

The teacher concluded the session like this:

“We would also like to mention that whenever on such events, a man of the medical
profession is reached for help and if he finds that whatever support he could give is not
adequate really to save the life of the person but some better assistance is necessary-it
is also the sense of duty of the man in the medical profession so approached to render
all the help which he could and also see that the person reaches the proper expert as
early as possible”. She also emphasized on the Article 21 of the Constitution which
guarantees protection of life and personal liberty to every citizen. This article has
directive principles of state policy and therefore includes protection of health.

Thus the school moot court was appealing, knowledgeable and interesting.

Q. 2. Visit the nearest police station and understand the procedure of filing a First
Information Report (FIR) with the help of your teacher.

Answer : The essential point of filing a FIR is to set criminal law into action and not to
state all the minute details there in. A First Information Report (FIR) is the first step in a
criminal case record by the police.

It includes:

• The basic knowledge of the crime committed,

• Place of commission

• Time of commission

• Who was the victim etc.

The nearest police station was visited to understand the proceedings of FIR. It was a
working day and the police men welcomed us. They treated us well and gave details of
the FIR and its steps.

• First Information Report (FIR) is a written document set by the police when they
get information about the commission of an offence. It is
a account of information that reaches the police first and that is why it is called
the First Information Report.

• A copy of the FIR is provided to the accused.

• FIR is filed only for cognizable offences (those offences in which police do not require
any warrant to arrest). The police have the right to arrest the accused person and
investigate into the matter.

• If an offence is not cognizable, the FIR is not filed and in this case, the act is not
possible without the intervention of the court.

• FIR for Cognizable (serious) Offences have been defined u/s 2(c) of the C.P.C., 1973.
This is the class of offences in which the police has the authority to make an arrest
without a warrant. These offences are serious in nature, and thus the aim is to avoid the
criminal or accused of harming others. Hence, the police have been given right to make
an arrest without a warrant.
 The State Government

Exercise

Q. 1. A. Choose the correct option and complete the statements.

The Winter session of Maharashtra Legislature takes place at ______

A. Mumbai

B. Nagpur

C. Pune

D. Aurangabad

Answer : Nagpur is the correct answer because it is recognized as the winter capital of
the state of Maharashtra. It is the auxiliary/ supplementary capital of the state where the
winter session of Maharashtra legislature takes place. On the other hand, the budget
and monsoon session takes place in the capital of Maharashtra, i.e. Mumbai.

Q. 1. B. Choose the correct option and complete the statements.

The ______ appoints the Governor.

A. Chief Minister

B. Prime Minister

C. President

D. Chief Justice

Answer : President is the correct answer because he is the ceremonial head of the
state and is vested with the power of appointing governors of all states, based on the
advice of the council of ministers and Prime Minister. Governors, in turn, appoint the
Chief Minister of their respective state.
Q. 2. Complete the table.

Answer :

Q. 3. A. Write short notes on.

Governor

Answer : Similar to the President at the union level, the governor is the nominal head of
the states at the state level. He is appointed by the President on the advice of the
council of ministers and the Prime Minister. He performs executive as well as
legislative functions.

• He has the right to call for special session of the state legislature and to issue an
ordinance when the legislature is not in session.

• He has the power to dissolve the state legislative assembly.

• Once the bill gets the assent of the governor, it turns into a law.

Q. 3. B. Write short notes on.

Functions of the Chief Minister

Answer : Chief Minister is the executive head of the state and leader of the council of
ministers. He performs the following core functions:

• He assigns portfolios to the ministers.

• He is entrusted with the tedious task of accommodating all parties in the alliance when
no clear majority is obtained.

• He is responsible for the working of efficient administration and fosters cooperation

and coordination between departments.

• He also frames policies according to the welfare needs of the people.

Q. 4. A. Answer the following in brief.

Enumerate the functions of the Speaker of the Vidhan Sabha (Legislative

Assembly).

Answer : The Speaker holds the position of authority and presides in Vidhan Sabha.
He/she is elected by the members of Vidhan Sabha and performs the following
functions:

• The Speaker supervises and guides the session of the legislative assembly.

• He/She conducts the business in-house, maintains discipline, and has the authority to
punish members for their misconduct by suspending them from the house.

• The Speaker decides whether the introduced bill in the house is a money bill or not.

Q. 4. B. Answer the following in brief.

Why did the Constitution adopt a federal system for India?

Answer : India has adopted a federal form of government in which there is a strong
national government at the centre and powers are distributed to the state and local
government.

The Constitution makers went ahead with the thought of federalism because of India's
large size and diversity. India shares a rich religious, cultural, regional and linguistic
heritage which is marked by difference and unique characteristics. It would have been
impossible to govern this multiculturalism by complete centralization as it would have
led to the breakdown of the union. That is why India adopted a federal system.

Q. 4. C. Answer the following in brief.

What are the considerations of the Chief Minister while the allocation of
portfolios?

Answer : The Chief Minister is entrusted with the responsibility of assigning portfolios to
the fellow council of ministers. While allocating the portfolios, the Chief Minister takes
into account several considerations such as the political experience of the minister,
awareness regarding the public opinion, field expertise, leadership qualities, and
administrative skills. All these points help the Chief Minister to decide who will be able to
govern better and implement welfare policies.

Project

Q. 1. Visit the official website of the Maharashtra Government and collect

information of various ministers and the working of their respective departments.

Answer : The government of Maharashtra has 288 elected members in the legislative
assembly. Some of the ministers and their respective departments are given below:

• DEVENDRA FADNAVIS: He is the Chief Minister of the state of Maharashtra. And

holds a number of portfolios. He heads the General administration department which
includes management and organization of staff members, Home department which
deals with the state police, criminal investigation system, anti-corruption bureau etc,
Law and Judiciary related to justice in courts and many more.

• CHANDRAKANT PATIL: He heads the revenue and public works department which
deals with taxation and construction of infrastructure respectively.

• PANKAJA GOPINATH MUNDE: He heads the rural, women and child development
department. The aim is to provide facilities in rural areas and see the working of
Panchayati Raj institutions as well as foster holistic development of woman and child
through various schemes.

• CHANDRASHEKAR KISHANRAO: He mainly heads the energy department which

deals with developing and promoting new and renewable sources of energy.

• BABANRAO DATTARAO LONIKAR: He heads the water supply and sanitation

department which is concerned with providing clean and safe drinking water and health
facilities.

• JAYKUMAR RAVAL: He heads the employment guarantee scheme (EDS)

department and tourism department. EDS department deals with employment
generation and implementation of MGNREGA scheme in the state.

• MAHADEV JAGANNATH JANKAR: He heads the department of animal husbandry,

dairies development, and fisheries development which is responsible for dealing with
matters such as livestock production and dairy development.

• VINOD SHRIDHAR TAWDE: He heads the department of school level, higher and
technical education- providing quality education and building up new educational
institutions, Marathi Bhasha- promotion of regional language, minorities’.
 Bureaucracy

Exercise

Q. 1. Identify if the following statements are correct or wrong and rewrite the
wrong sentences in their correct form.

Answer : (1) In a parliamentary democracy, representatives elected by people and

ministers bear the administrative responsibility.

Correct statement:

(2) Union Public Service Commission (UPSC) recruits candidates for civil services in
Maharashtra.

Incorrect statement.

UPSC recruits candidates for All India-services and Central services. Maharashtra
Public Service Commission (MPSC) recruits candidates for civil services in
Maharashtra.

Q. 2. Explain the following statements with reasons.

Answer : (1) Reservation policy is followed even in civil services.

Indian society is characterised with social inequalities. Many backward sections of the
society lag behind the general section of society on various socio-economic indicators.
To ensure level playing field, backward sections of the society like Scheduled Castes,
Scheduled Tribes, Women, Backward Castes, specially-abled etc. are provided with
reservation in the recruitment of civil services.

(2) It is necessary for civil servants to be politically neutral.

Civil servants are expected to work impartially regardless of the political party in power.
New party forming the government will trust the bureaucracy with non-partisanship,
thus, fostering mutual trust enabling both to work together for the public interest. Quality
of political neutrality for civil servants becomes more important during elections. It
ensures positive perception in public regarding the conduct of elections in a free and fair
manner.

Q. 3. Answer the following in 25-30 words.

(1) Explain the role of the ministers and civil servants in the efficient
administration of the department.
(2) Explain how the bureaucracy provides stability to the political system.
Answer : (1) A minister heads the department. He/she takes the decisions on the basis
of inputs provided by the civil servants, who are usually experts in their respective
domains. The civil servant’s anonymity is preserved while discharging its function and
Minister is accountable to the policy outcomes. Thus, the efficiency of the functioning of
the department is dependent on the interrelationship between the Minister and the civil
servants.

(2) Bureaucracy is the administrative organization working under the aegis of union
executive and is entrusted with the responsibility of day-to-day business of a
government. One of the important characteristics of bureaucracy is its permanent
nature. Thus, they are entrusted with the responsibility of discharging some of the
important functions like water supply, maintenance of law and order, public cleanliness,
public transport which needs to be consistent in nature.

Q. 4. Complete the Concept picture.

Answer : All India services: Indian Administrative Service (IAS), Indian Police Service
(IPS) and Indian Forest Service (IFS)

Union services: Indian Foreign Service (IFS), Indian Revenue Service (IRS) etc

State civil services: Deputy District Collector, Block Development Officer, Tehsildar
(Executive Magistrate) etc.

Q. 5. Discuss the characteristics of bureaucracy.

Answer : Bureaucracy is the administrative organization working under the aegis of

union executive and is entrusted with the responsibility of day-to-day business of a
government.

Characteristics:

1. Permanent Mechanism: Bureaucracy constitute the permanent executive of the

government entrusted with the responsibility of some of the crucial functions that require
consistency. Example – Maintenance of law and order, tax collection, environmental
protection etc

2. Political neutrality: Bureaucracy is expected to work impartially and fair regardless

of the political party in power. New party forming the government will trust the
bureaucracy with non-partisanship, thus, fostering mutual trust enabling both to work
together for the public interest. All India Services (conduct) Rules direct that an officer
must not take part in politics. He/she must not give election fund or assistance to any
political party.

3. Anonymity: Anonymity is an important characteristic enabling civil servant to render

advice impartially, frankly, and freely with the assurance that he/she is not dragged into
the public debate. The concerned minister is accountable for policy outcomes. All India
Services (conduct) Rules 1968 prescribe that the civil servant to avoid occasions of self-
publicity so that their anonymity is preserved.

Project

Q. 1. Prepare a questionnaire and interview a civil servant in your locality

Answer : Me: Hello Ma’am, what do you think are the major current issues of our
district?Civil servant: I think, we have progressed collectively in terms of production and
increasing the gross income, but on a smaller scale, there is a need to bring equality in
income, status in society, job opportunities, etc.

Me: What would be your priority list in solving all these issues?

Civil servant: When it comes to solving issues, each issue is important in its own
sphere, but as per me, education is the foundation of an individual and solving the issue
of education of all will help tackle and even eliminate many future problems.

Me: Do you think that even after progressing so much, there is an urban-rural divide that
persists in our society?

Civil servant: There are a lot of facilities in urban areas which are yet to be introduced in
our district. Some of them are pure drinking water for all, sanitation, etc. Though we
have been successful in building toilets in each of the hoses, we need to work towards
behavioural changes so that people use and maintain them.

Me: Thank you, Ma’am, for sparing your time for this interview.

Civil servant: You are most welcome. It is a part of my job.