Rajasthan Board RBSE Class 11 Political Science Chapter 11 Organs of the Government
RBSE Class 11 Political Science Chapter 11 Textual Questions
RBSE Class 11 Political Science Chapter 11 Very Short Answer Type Questions
Question 1.
Which organ performs function of law making?
Answer:
Legislature.
Question 2.
What is bicameral legislature?
Answer:
The legislature which has two houses
- The lower house which consists of the members directly elected by the people
- The upper house which consists of indirectly elected representatives from various groups in the society of states.
Question 3.
Who controls the national economy?
Answer:
The legislature of the state (country).
Question 4.
Who has the power to amend the constitution?
Answer:
The legislature.
Question 5.
Of which country (state) the Supreme Court has been called the Third House of the Legislature?
Answer:
The United States of America.
Question 6.
What do you understand by the executive?
Answer:
Executive is that part of the government which brings into practice the laws made by the legislature.
Question 7.
In which country is hereditary executive in practice?
Answer:
In England.
Question 8.
What is the chief function of the executive?
Answer:
To implement the laws and perform administrative duties.
Question 9.
Point out one fault of despotic executive.
Answer:
Misuse of administrative powers.
Question 10.
What is the chief cause of the increasing powers of the executive?
Answer:
The increase (extension) in its functional scope.
Question 11.
Who is the supreme commander of the armed forces?
Answer:
The head of the state (country) is the supreme commander of the armed forces. In India the president is the supreme commander of the armed forces.
Question 12.
Who has the right to pardon . (amnesty) ?
Answer:
The chief of the executive has the right to pardon. In india, this right is conferred upon the President.
Question 13.
In which country under the proper legal process, judicial review is done?
Answer:
In Unites States of America.
Question 14.
The advisory function of the judiciary is connected with which organ of the government?
Answer:
The Executive.
Question 15.
Which is the best method of appointing the judges ?
Answer:
The appointment of the judges by the executive.
Question 16.
What is public interest litigation ?
Answer:
An appeal which is made on an ordinary postcard by a person other than the aggrieved against maladministration is known as public interest appeal.
Question 17.
Why is the independence of the judiciary essential ?
Answer:
So that the judiciary can freely use its discretion to give its judgement without any pressure or intervention.
Question 18.
What is the chief function of the judiciary in a federal form of government?
Answer:
To dispense justice in accordance with the law..
Question 19.
“Without judiciary, one cannot imagine a civilized society”. Who said this?
Answer:
Prof Garner said this.
RBSE Class 11 Political Science Chapter 11 Short Answer Type Questions
Question 1.
Explain the meaning of legislature.
Answer:
Meaning of legislature:
Legislature is an important part of the government. Its main function is to make laws. But besides making law, legislature controls the functions of the executive and the judiciary. It keeps control over the economy of the state (country). Thus, in modern democracies, legislature is the elected body by the public, which, besides making laws, plays the role of policy making. It is an organisation of the persons elected by the public who have some special right given to them under the provisions of the constitution.
According to Prof. Garner, “Of all the organs of the government through which the desires of the state are expressed and executed, legislature occupies the superior most place.” Legislature, being the body of the elected public representatives, is called the mirror or soul of the nation or the concrete form of the public will. The legislature in India in called ‘San-sad’, ‘Congress’ in United States of America, ‘Diet’ in Japan and ‘Parliament’ in England.
Question 2.
Explain the significance of legislature in the modern state (country).
Answer:
‘Parliament’, (Legislature) is the focal point of democracy and is like an alert watchman of democracy and represents the public will. The following points explain its significance:
- Legislature makes the laws according to the situation of the state and the needs of its citizens. It amends and rejects them.
- It directly controls the executive through different means.
- It has complete control over central economy. The executive cannot incur expenditure of any sort without its permission nor can it levy any tax on the public.
- It can hear the impeachment motion brought against the President, Vice President and justices and can remove them from their office.
- In some countries, legislature performs some electoral functions. For example, in India, election of the President, and the Vice-President.
- Legislatures can amend the constitution.
- It can make mutual relationship with other countries, can declare war or peace with other countries, can make agreements will other countries.
Thus, legislature is an important part of the government. Besides law – making, it analyses the policies and the proposals. It also accepts or rejects criticism against the government. It gives a practical shape to the expectations of the public.
Question 3.
Give reasons in favour of bicameral legislature.
Answer:
The following are the reasons in favour of bicameral legislature :
- In this system, the upper house puts a control on the will full and unbridled activities of the lower house.
- It helps in decentralization of powers and the bicameral system provides representation to all the groups of the society.
- With increasing responsibilities of the state, the upper house can share some of these.
- Once a bill is passed in the lower house, it takes time to get it passed by the second (upper) house. During this period, the public, political parties, and the press get an opportunity to express their opinion on the proposed bill.
- In federal states, the upper house is essential. The upper house represents all the groups of the society. So, it protects the interests of all the groups of the state.
- It checks the failings of the law passed by the lower house in haste or thoughtlessly.
- The historical experiences tell us that dictatorial tendencies have increased in
unicameral legislatures.
Question 4.
Explain the constitutional amendment function of the Legislature in India.
Answer:
The function of the Legislature regarding constitutional amendment:
In India, constitutional amendment is made by the legislature. Following are the methods of amendment of constitution in India:
1. By simple majority:
In some matters, amendment in constitution is made by the simple majority of both the houses separately.
2. By two – third majority:
Some of the articles of the constitution can be amended by whole majority of the two houses and two-third majority of both the houses separately. All the articles of parts 3 and 4 of the constitution come under this category.
3. Two – third majority supported by more than 50% of the states:
For amendment of some articles of the constitution, the complete majority of the two houses of the ‘Parliament’, two-third majority of the present members and more than 50% majority support of the state legislative assemblies is necessary. The process of electing the President, the division of powers between the states and the center come under such types of amendment.
Question 5.
Explain the difference between the Parliamentary executive and
Presidential executive.
Answer:
The following are the differences between the Parliamentary and Presidential executives :
1. In a Parliamentary executive, double executives are found:
- Nominal executive
- Real executive. While in a Presidential executive, there is only one executive and that is the real executive.
2. Members of the Parliamentary executive are selected from among the members of the ‘Parliament’ and are responsible to Presidential the popular house of the parliament. While the members of the Presidential executive, as in U.S.A, are not chosen from the legislature, but are appointed by the president. Here, the executive is not responsible to the legislature.
3. In Parliamentary administration, the tenure of the executive council of ministers is not definite, while in Presidential executive, it is definite as defined by the constitution. It is difficult to remove the executive before the prescribed period.
4. In Parliamentary administration there is always a close relationship between the legislature and the executive, while in presidential executive, the principle of separation of powers is adhered to rigidly. So the executive and the legislature are completely independent of each other.
Question 6.
What do you under-st and by nominal executive ?
Answer:
When the head of the state is in name only, and someone else makes actual use of his powers, it is called nominal executive. In Parliamentary government, all the powers, according to the constitution, have been vested in the emperor or the President. But in England the administration is carried out in the name of the emperor, and in India, it is carried out in the name of the President.
In fact, neither the emperor in England nor the President in India has the freedom to use these powers. In India, the President uses these powers as per advice of the Prime Minister and his council of ministers. In reality, the powers of the executive are in the hands of the council of ministers under the leadership of the Prime Minster.
Question 7.
What is vested legislature?
Answer:
The increasing burden of administrative work, shortage of time and various specialists have forced the Legislature to transfer some of its law making powers to the Executive. In this way, the Legislature on its own accord has transferred some of the law-making powers to the various department of the Executive. This process in known by the name of vested legislature. This has increased the powers of the Executive.
Question 8.
Explain single and collective forms of the Executive
Answer:
Single executive form: When the right of taking the final decision on some issues of the executive is vested in an individual, it in called single executive. In Presidential executive, the focal point of administration is the President. For example, in the USA, all the powers of the federal government are vested in President.
So, the President is the single executive. In Parliamentary form of administration, as in England and India, the powers of the executive are in hands of the council of ministers, which is formed of many individuals, but because of the principles of collective responsibility, the council of ministers acts as one unit, so this form of executive also falls in the category of single executive.
Collective executive:
Where the powers of the executive remains in the hands of more than one person, it is called collective executive. For example, in Switzerland, the powers of the executive is in the hands of a federal committee consisting of 7 members. The senior – most member of the committee acts as a collective executive.
Question 9.
“The executive has pushed back the Legislature” How?
Answer:
The legislature is an important organ of the government. Besides making laws, it analyses the policies and the proposals of the government, it criticizes and approves them, it gives a practical shape to the public will. But today, the Legislature has grown weaker than the Executive due to its own organization. In the Parliamentary form of government, now a days, in calling the session of parliament, in conducting the session and dissolving the Parliament, in presenting the budget, and even writing the outline of the address to be made by head of the government, are all done under the directions and instruction of the council of ministers.
Most of the bills are presented by the executive and on the basis of majority they are passed by the will of the Executive. Under these circumstances, the real function of law-making is not done by the Legislature, but by the Executive. On account of healthy leadership and competent expertise, the Executive has left the Legislature far behind.
Question 10.
Explain the meaning of judiciary
Answer:
Judiciary is the third most important organ of the government. This organ of the government interprets the laws of the land and punishes those who violate the law of the country. Judiciary is the group of those competent persons, who, by the law of the state, have been given the right to settle disputes between the central and the state government. Judiciary settles the disputes arising out of the misinterpretation of the laws prevalent in the society and protects incorrect implementation of the law.
Question 11.
What do you understand by Judicial Review ?
Answer:
Judicial Review:
Judicial Review gives the Supreme Court the right to protect the constitution. The federal government and the state government may not obey a law in word and sprier or infringe upon the fundamental rights, then the Supreme Court can declare any such in-constitutional law to be null and void. Such power of the supreme Court is called judicial review, and during the modern times,the first use of Judicia review was exercised in U.S.A. In the USA, the judicial review is a part of regular legal process, while in India, it is of reactionary nature.
Question 12.
What do you understand by Judical Activism?
Answer:
When the judiciary issues directions and instruction against the unconstitutional act / acts of the Legislature or the Executive, then such an act of the Supreme Court is called Judicial Activism. In a welfare state, it is a modern way to resolve the complaints of the people.In this age of human rights, judicial activism has sprung up from the carelessness of the Executive. In India, chief justice P.N Bhagwati exercised this right in 1986. He heard a public interest case written on a mere postcard. The elements which encouraged judicial activism are:
- Negligence of Duties of the Executive
- Misguidedness
- Rampant Corruption
- Public Interest Litigation
- Judicial Review
- The Decreasing Public Faith in the Executive.
Question 13.
‘Judicial Review is an obstacle in progress’. How?
Answer:
Judiciary is the third most important organ of the government. Under the provision of judicial review, the judiciary examines the constitutional validity of the acts formed by the legislature and the actions of the executive. In case these are found against the provision of the constitution and against the legality provided by the law, the Supreme Court can declare them unlawful.
In such situations, the judicial review proves the supremacy of the judiciary over the legislature. This sort of decision hurts the dignity of the legislature, because in democracy, the final power is in the hands of the people. Legislature represents the powers of the people. The power of the judicial review of the judiciary, many times, declares the law made by the legislature for the good of the people as unlawful.
This not only disgraces the legislature, but also hinders the progress the development of the people. In India, laws made for land reforms and the executive, withdrawal of the Privy Purse, nationalization of the banks were for the welfare of the people, but they came under judicial review and were abrogated. Thus, judicial review hindered progress and development.
Question 14.
Explain the process of appointing the judges in India.
Answer:
In India, the judges are appointed by the Executive. There is no pull and push among the political parties for this exercise and only the able and qualified persons are appointed. According to the provision in the constitution, the chief justice of the Supreme Court and other judges are appointed by the President.
However, before appointing the Chief Justice and other judges of the High Courts, the President would consult the judges of the Supreme Court and those of the High Courts whom he would deem fit to consult. As regards the appointment of judges for the Supreme Court, the President would seek advice of the Prime Minister. In 1993, and 1999 Supreme Court has limited the interference of Executive regarding the appointment of the judges.
RBSE Class 11 Political Science Chapter 11 Essay Type Questions
Question 1.
Explaining the meaning of legislature and throw light on its functions
Answer:
Meaning of Legislature : Legislature is an important organ of the government. It is known by the name of (Sansad) Parliament in India. The word ‘Parliament’ means to speak or to consult. It is that part of government which converts the will of the state into law. Through the laws made by this body, the executive performs the administration of the state and the judiciary dispenses justice and also interprets the laws.
Functions of the Legislature:
In all the countries of the world, the functions of the legislature are not the same, because the functions of the Legislature depend on the form of administration of the concerned country. The legislature of a democratic country performs the following functions:
1. Functions related to law – making:
The main function of the legislature is to make laws. The legislature makes the laws according to the circumstances of the state and the needs of its citizens, makes amendment in them and repeals them.
2. Control over the executive:
The legislature has complete control over the executive. In Parliamentary form of government, this control is exercised by asking questions and complementary questions, by adjournment motion and by condemning the proposal, by discussion on budget and government policies. Under these circumstances, the legislature can remove the executive by a non – confidence motion. In Britain, India and Japan, this procedure is adopted.
3. Function of consultancy:
The legislature provides advice on political and administrative issues. Before making a decision, discussions and consultations are done on the issues from various perspectives.
4. Judicial functions:
In some countries, the legislature performs several judicial duties also. As in India, Parliament has a right to hear the impeachment motion brought against the President, Vice-President and the judges.
5. To amend the constitution:
The legislature can amend the constitution according to the needs of the state. In Britain, the constitution amendment is made by simple majority. But in India, it can be done by:
- Simple majority,
- by two – third majority and
- additional consent of 50% of the states.
6. Function related to election:
In some countries, the legislature performs the functions related to election. In Switzerland, the legislature elects the members of the council of ministers and the judges. In USA, the Congress elects the President and the Vice-President when no candidate is able to get the majority votes from the electorate.
7. Control on foreign policy:
The legislature looks after the international relations of the state. The council of ministers has to get its policies approved by the legislature. In democratic states, the legislature makes declaration of war or peace. In USA, the Senate approves the treaties made by the President.
8. Control on economy:
Generally, in all the democratic states, the legislature exercises control over the economy of the state. No money can be spent and no tax can be imposed without the consent of the legislature.
9. A stage for public complaints:
The legislature includes the public representatives from the different regions of the country. They are regularly in contact with the people who elect them and communicate their problems and complaints to the government.
10. Function regarding investigation:
The legislature forms various committees and commissions to investigate special activities and they have to submit their reports within a stipulated period of time before the legislature. The legislature decides on the basis of the report, and its decision is deemed final.
11. Granting assent in declaration of emergency:
The legislature gives its assent to declaration of emergency. In India, the declaration of emergency by the president is void without the assent of the legislature.
12. Re-organisation of State:
The function related to re-organisation of states is performed by the legislature in a federal state.
Question 2.
What do you understand by the composition of the legislature? Give reasons for and against a bicameral legislature.
Answer:
Composition of the legislature:
The legislature is of two types from its composition point of view:
- Unicameral legislature
- Bicameral legislature.
1. Unicameral Legislature:
There is only one house in a unicameral legislature. This is the house of representatives. In democratic states, the public directly elects the members of the house. They are elected on the principle of adult franchise. In some countries, the right to vote is granted to a person with specific qualifications. Where there is unicameral legislature, all the powers are confined in the house. In the whole world, in Portugal, China, Greece and in some states of India, there are unicameral legislatures.
2. Bicameral Legislature:
There are two houses in a bicameral legislature. The bicameral system of legislature started for the first time in Britain. In the modern times, it has become a constitutional need in countries such as USA, Switzerland, France, Canada, Japan, India, Russia, etc.
Reasons in favour of bicameral legislature:
1. Check on the autocracy of the first house:
Where there is unicameral house, all the powers of law-making are in the hands of this house. The second house checks the house from becoming autocratic.
2. Check the laws passed in haste:
To fulfill the promises made to the electorate, the members pass a law in haste thoughtlessly. The second house examines it and removes the faults of the law.
3. The second house is in accordance with democratic traditions:
If there is only unicameral legislature, the power is centralized in one house. If there is bicameral legislature, there is better representation of public.
4. The second house is helpful to the first house:
All the laws passed by the single house cannot receive as much attention of the members as should have been given to the passing of the law. In the second house, there are more able and qualified persons. So, the second house can help the first house to make better laws.
5. Helpful in making public opinion:
After a bill is passed by the first house, it takes time to get it passed by the second house. This gives enough time to the public representatives to ponder over the deficiencies and faults of the bill.
Reasons Against Bicameral Legislature:
1. Undemocratic:
In ademocracy, the real power lies in the hands of the people who are the real sovereign in democracy. The first house represents the real will of the people, so there is no need of the second house.
2. Delaying institution:
A bill takes at least double the time in getting passed through two houses. The result is that beneficial and urgent bills are unnecessarily delayed.
3. Problem in composing the second house:
In different countries, the composition of the second house is based on different traditions and principles. In England, the second house is House of Lords, which is purely a dynastic representation. In India, the members of the second house are elected by indirect election, which often becomes the cause of corruption.
4. Un – necessary for federal system of administration:
Due to party discipline, the members of the second house only safeguard the interest of their own party. They had no regards for the public interest or that of the country.
5. Un – necessary expenditure:
A considerable amount of money is spent on the election of the members of the second house and its functioning.
6. There is always a possibility of confrontation between the two houses:
This becomes all the more possible when the government in the lower house is in majority, but is in hopeless minority in the upper house.i.e. Rajya Sabha.
Question 3.
Describe the causes of downfall of legislature.
Answer:
Causes of the decline of legislature:
1. Increase in the workload of executive:
The concept of welfare state has increased the workload of the executive. Law making, extensive planning and execution of the plans have become the main duties of the executive. The foreign policy and the national protection policy demand careful and prompt decision. Whereas, the functions of the legislature have decreased.
2. Vested Legislating Powers:
On account of the vested legislating power in the executive, the legislature is losing its significance. In practice, it is the chief law making body, but in reality, it does not make laws which are of national significance. On the other hand, the executive is increasingly engaged in law making.
3. Party Discipline:
Party discipline has narrowed the working area of the legislative. The result is that the executive has to shoulder the responsibilities of law making and the executive is controlling the legislature indirectly.
4. Influence of the means of communication:
The increasing means of communications are the main cause of diminishing the stature of the legislature. Now a days, the executive, without taking the legislature into confidence, can know the will of the public. The development of the means of communication has brought the head of the executive in direct contact with the public. He can directly talk to the pubic and know its opinion and will. In India, the Prime Minister’s programme ‘Man-Ki-Bat’ has become an effective means of dialogue between the public and the executive.
Question 4.
Explain the meaning of the executive and describe its functions.
Answer:
Meaning of the Executive:
The executive is the second most important organ of the government. Its main function is the implementation of the laws made by the legislature. The word ‘executive’, in general, includes political executives and the permanent executive. For example, the President, the Prime Minister, his council of ministers and those administrative officers who are related to the fulfillment of the state’s desire. Its narrow meaning is confined to its political executive. It makes policies, makes plans, and executes laws. In Britain, the King, the Prime Minister and his council of the ministers, and in India, the President, the Prime Minister and his council of ministers form the political executive.
Main Functions of The Executive:
1. Political functions:
The main political functions of the executive are:
- Appointment of ambassadors to other countries
- To send delegates to international conferences
- Meeting the foreign ambassadors, managing the relations and political and economic agreements with other countries.
2. Administrative functions:
The main function of the executive is the compliance of law and to maintain peace. Different departments of the administration comply with the laws related their department. The head of the department is a minister. The compliance of the law, in fact, is the duty of the bureaucracy, whose appointment is made by the state public service commission.
3. Legislative functions:
The executive in one way or the other is always associated with the legislature in making the laws. In Parliamentary democracies, the executive calls the session of the Parliament and decides present period of the session. The legislature grants the acceptability of the law. But to present a bill for passing it and to prevent a bill from becoming an act is the function of the executive.
4. Functions related with Defense:
The defense and safety of the country is the function of the executive. The executive performs the functions through the armed forces. In democratic countries, head of the state (the president) is the supreme commander of the armed forces. The principles regarding the composition and discipline of the armed forces are made by the executive.
5. Judicial functions:
The appointment of the judges of judiciary is made by the head of the executive (the president), although the consent of the parliament in essential. In some countries, the head of the executive has the right to reduce the punishment of a criminal. He can also grant pardon to criminal and can commute capital punishment.
6. Economic functions:
As per principle, the legislature grants all the income and expenditure, but in practice, this in the responsibility of the executive. In India and Britain, the executive presents the money-bills in the parliament and get them passed. In U.S.A. the budget is prepared under the direction and instruction of the President, but the Congress gets it passed.
7. Other functions:
- Making plans for economic development
- To award degrees and titles to famous personalities of the country
- To grant citizenship to the citizens of foreign countries
- To grant economic aid for special services
- To make available opportunities of education and public health
- To promote industries in public sector.
Question 5.
What do you understand by Executive ? Throw light on its various types.
Answer:
Meaning of the Executive : The executive is that important organ of the government, which in responsible for the compliance of the laws made by the legislature. In political science, the word ‘executive’ in the general sense includes both the political and the permanent executive. Constitutional head of the state (the President), the Prime Minister, his council of ministers, the administrative officers and all the other officers who convert the will of the state into practical shape.
In narrow sense, the executive is confined to political executive only, which frames the policy of administration, which makes plans and gives a practical shape to the law made by the legislature. In Britain, the King, the Prime Ministers and his council of Ministers, and in India,the President, the Prime Minster and his council of ministers are examples of the political executives.
Types of Executive:
1. Nominal Executive:
When the head of a state is only a constitutional head and does not use the powers vested in him but someone else as per tradition uses those powers, such an executive in called nominal executive. In parliamentary government, the constitution gives all the powers to the king or the President, but the Prime Minister uses all those powers in consultation with his ministers. In India, the Prime Minster uses these powers on behalf of the President.
2. Real Executive:
When the head of the state himself uses the powers vested in him by the constitution, it is called the real executive. The President of USA and the Prime Minster of India and Great Britain are examples of real executive.
3. Parliamentary Executive:
Where head of the executive is in name only and the Prime Minister along with his council of ministers uses the powers of the executive, it is called parliamentary executive. In this,the Prime Minster and his ministers are responsible to the legislature.
4. Presidential Executive:
When the President himself uses all the powers vested in him and is not responsible to the legislature, it is called Presidential executive. Here, the legislature and the executive are completely independent of each other. Such an executive exists in USA.
5. Single and Collective executive:
Where the powers of the executive are vested in one person only, it is called a single executive. In USA, the ministers are subordinate to the President and the decision of the President is final. Where the powers of the executive are in many hands, it is called collective executive. In Switzerland, the powers of the Executive are vested in a federal body.
6. Autocratic executive:
When a person, without any constitutional powers, takes possession of the executive, it is called autocrative executive. Mussolini of Italy and Hitler of Germany are its examples.
Question 6.
Discuss the causes responsible for the increasing workload on the executive.
Answer:
Causes of increasing workload on the executive:
In the modern times, many elements and tendencies have increased the workload of the executive. Nowadays, the executive has a dominating influence on the government. Its causes are the following:
1. Increase in the workload of the state:
The concept of socialist and welfare state has increased the workload of the state. In socialist state, the executive is playing an important role in bringing about social and economic reforms. The role of the police and the state has diminished and the intervention of the executive has increased in many fields of life. Both, at legislative national and international level, the workload of the executive has increased.
2. Assigned legislation power:
On account of the increasing work-load of the state, the law-making function has not only increased, but has also become complex, consequently, the legislature has given the power of law-making to the various departments of the executive which is called assigned legislating arrangement.
3. Decrease in the powers of the legislature:
Nowadays the state has to face many complex problems. All these complex problems need more knowledge and ability for their solution. This sort of experience and knowledge cannot be found in the members of the representative body. The members of the executive possess such experience and knowledge. So, the executive has pushed the legislature on the back foot and has taken over its many powers.
4. Concept of the welfare state:
In this age of democracy, the executive has been given many new powers in a welfare state. New responsibilities have been given to the executive in many spheres of public life.
5. Industrial Progress:
This is the age of industrial progress, as a result of which there has been an increase in the work-load of the state. Most of the developing countries are adopting the policy of economic planning. Industrial progress has engaged the states in diverse social, industrial and economic activities. This has increased the powers of the executive.
Question 7.
Explain the meaning of judiciary and throw light on its composition and working.
Answer:
Meaning of Judiciary:
Judiciary is the third most important organ of the government. It defines the laws prevalent in the society and punishes the offenders of the law. Judiciary is a group of such persons who have the right to settle disputes according to the provision of the law.
Composition of Judiciary:
1. Judges elected by the public:
In some countries, judges are directly elected by the public. But this system is faulty, because by this system, the election of the able person is not ensured and the judges can become the victims of the political mainpulation.
2. Judiciary appointed by the executive:
In most of the countries of the world, the judges are appointed by the executive. Able persons are appointed as judges who provide justice impartially,according to the spirit of law. In India, this procedure has been adopted.
3. Judiciary elected by legislature:
In Switzerland, judges had been appointed by legislature, but in this system, the appointment of the judges would not be made on the basis of their abilities.
Functions of the Judiciary:
1. To dispense justice:
The chief duty of the judiciary is to execute the judicial duties according to the provision of the law of the country. The judiciary, after carefully hearing both the parties, settles the disputes justly-between the individuals or between the states and an individual. It also punishes the criminals according to the law.
2. Judiciary protects constitution:
Judiciary alone can define and interpret the constitution. It acts according to the spirit of the constitution.
3. Protects the fundamental rights:
Judiciary protects the freedom and the fundamental rights of the individual. If the government or some individual denies a person their freedom and fundamental rights, the judiciary can protect their personal freedom and fundamental rights.
4. Defines the Law:
Judiciary can define a law provided in the constitution or made by the legislature. The definition of a law by judiciary is final and universally accepted.
5. To settle the disputes between the federal government and the state government.
6. Functions related to consultancy:
If the executive wants to consult judiciary regarding the complexity of some law or interpretation of the law, the judiciary always provides such consultation. In India, the President can consult the Supreme Court on constitutional issues and on issues concerned with public interest, but he is not bound to follow the advice of the judiciary.
7. Administrative functions:
Judiciary performs several additional functions for its administrative structure, for example, appointment, promotion and transfer of its personnel, etc.
8. Other Functions:
- To issue certification regarding marriage, divorce, citizenship,
- To punish a person for the contempt of the court
- To decide the guardianship of the minors
- To decide the effectiveness and legal validity of the testament / will
- To appoint receivers for insolvent firms, etc.
Question 8.
Explaining the meaning of independence of judiciary, describe the means of maintaining its independence.
Answer:
Meaning of the independence of judiciary : The independence of the judiciary means that it should function quite freely without any pressure of the executive and the legislature. According to Hamilton, “However good the laws of a state (country) may be, the state is lifeless without an impartial judiciary”.
Means to protect the independence of the Judiciary:
1. Appointment of the judges:
The process of appointing the judges is the foremost requirement of an independent judiciary. Throughout the world the judges are appointed in three ways:
- By the public
- by the legislature and by the executive.
The appointment of the judges by the executive has been considered desirable and proper .
2. The ability of the judges:
For the independence of the judiciary the judges must be able, experienced and well-trained. They should have thorough knowledge of the laws and must be honest and impartial. In India, only that person who has served the High Court as a judge for five years or has worked as an advocate in a High Court for 10 years can be appointed a judge of Supreme Court, or in the eye of the President the person should be a scholar and an expert of law.
3. The tenure of judge:
For the independence of judiciary,the tenure of a judge should be secure and definite, so that he may discharge his duty freely, boldly and impartially.
4. Sufficient salary:
allowances and pensions must be given to the judicial officers, so that they may live upto the standerd of their status in society.
5. Separation from the executive:
If powers of judiciary and those of the executive might clash, it is essential to keep the judiciary independent of the bondage of the executive.
6. Judges are prohibited from pursuing:
the profession of an advocate or accepting any other appointment on retirement. It is essential to ban a retired judge from working as an advocate at least in the same court from which he/she has retired. This would stop the misuse of power. There must be provision of a good pension after retirement to a judge and his services may be taken in law commissions or as a legal consultant in a government department.
Question 9.
Critically examine the significance of judicial review.
Answer:
Meaning of judicial review:
Judicial review is that power of the court by which it examines the constitutional and legal validity of the laws made by the legislature and the executive. If they are found against the provisions of the constitution and against the established principles of law, the judiciary can declare them null and void.
Under the power of judicial review, the courts define the laws laid down in the constitution, and their judgement on the legal validity or illegal complication associated with the orders of the legislature and the executive is deemed final and irrevocable.
Basis of judicial Review:
The principle of the constitution functions on two issues:
- Supremacy of the constitution
- Supremacy of the legislature.
In Great Britain, legislature is the supreme and it has the unlimited power of law-making, while in USA and India, constitution occupies the greatest position. If any unit of the administration misuses its powers, the judiciary has the power to declare it unlawful.
Criticism of judicial review:
1. It is against the principles of separation of powers:
Judicial review provides the judiciary opportunities to interfere with the functioning of legislature and the executive, and thus it ignores the principal of separation of powers.
2. Hinders the pace of development:
In democracy, the final power is in the hands of the people. The parliament represents the will of the public, but many times, the judiciary’s power of judicial review declares an act passed by the parliament in the greatest interest of the public as illegal, and thus, hinders the progress of the people.
3. A paradoxical judgement:
In the use of judicial review, a judge revises his former judgement. This creates paradoxical situation and a suspicion in the minds of the losing party that the judge can twist his judgement on the basis of the some documents and evidence. The public starts losing faith in the honesty and sincerity of the judges.
4. The judiciary is considered:
the most exalted organ of the government. The power of judicial review has established the judiciary in the highest position in of the constitution. This power is totally unjustified from democratic point of view indicate. Legislature represents the people’s will, so the law made by the legislature and set aside by the judiciary clearly indicates the superiority of the judiciary over the constitution.
In spite of the above criticism, we will have to say that the power of judicial review has given stability to the federal administration of the country. The role of the power of judicial review has been very important in protecting the constitution, in protecting the fundamental rights of the citizens and in maintaining the dignity of the administration.
RBSE Class 11 Political Science Chapter 11 Objective Type Questions
Question 1.
Direct expression of the state’s will is:
(a) Judiciary
(b) Legislature
(c) Executive
(d) Means of communication
Answer:
(b) Legislature
Question 2.
The most powerful house of the opposition is:
(a) Senate
(b) House of Lords
(c) Rajya Sabha
(d) Lok Sabha
Answer:
(a) Senate
Question 3.
In the opinion of the critics, the bicameral legislature is:
(a) Adelaying institution
(b) A reactionory house
(c) An anti sovereignty principle
(d) All these
Answer:
(d) All these
Question 4.
The means of effective control of the Legislative over the executive is:
(a) Asking a question
(b) Hinder the work proposal
(c) Call -attention proposal
(d) No-confidence motion
Answer:
(d) No-confidence motion
Question 5.
An example of dynastic executive is:
(a) India
(b) U.S.A.
(c) England
(d) France
Answer:
(c) England
Question 6.
“The executive is the pivot around which the entire administrative system revolves”. Who said this?
(a) Garner
(b) Finer
(c) Laski
(d) Gilchrist
Answer:
(a) Garner
Question 7.
Institution responsible for the compliance of law is:
(a) Legislature
(b) Executive
(c) Judiciary
(d) Press
Answer:
(b) Executive
Question 8.
Presidential executive is found in:
(a) Switzerland
(b) England
(c) India
(d) U.S.A.
Answer:
(d) U.S.A.
Question 9.
An example of Pluralistic executive is in:
(a) India
(b) Switzerland
(c) England
(d) U.S.A.
Answer:
(b) Switzerland
Question 10.
This is essential for the independence of the judiciary:
(a) Appointment of the judges by the public
(b) Short tenure
(c) Easy process of impeachment
(d) Definite, long tenure
Answer:
(d) Definite, long tenure
Question 11.
To define a law is the function of:
(a) Executive
(b) Bureaucracy
(c) Judiciary
(d) Legislature
Answer:
(c) Judiciary
Question 12.
“If the lamp of justice is lost in the darkness, what idea can be formed of the intensity of darkness?” Who said this ?
(a) Lord Bryce
(b) Laski
(c) Marriot
(d) Garner
Answer:
(a) Lord Bryce
Question 13.
A fundamental function of the judiciary is:
(a) Making of law
(b) Dispensing justice according to the provision of law
(c) Compliance of law
(d) Appointment of the Prime Minister
Answer:
(b) Dispensing justice according to the provision of law
Question 14.
The disputes between the federal and the state government are settled by:
(a) Parliament
(b) Supreme Court
(c) Legislature
(d) President
Answer:
(b) Supreme Court
RBSE Class 11 Political Science Chapter 11 Other Important Questions
RBSE Class 11 Political Science Chapter 11 Objective Type Questions
Question 1.
The lower house of the legislature in India is called:
(a) Lok Sabha
(b) Rajya Sabha
(c) Senate
(d) House of lords
Answer:
(a) Lok Sabha
Question 2.
The upper house of legislature in America is called:
(a) Rajya Sabha
(b) Diet
(c) Senate
(d) House of commons
Answer:
(c) Senate
Question 3.
Which of the following is not an example of single executive?
(a) United States of America
(b) India
(c) Switzerland
(d) England
Answer:
(c) Switzerland
Question 4.
The chief function of executive is:
(a) Internal administration
(b) Political function
(c) Economic function
(d) All these
Answer:
(d) All these
Question 5.
Which of the these is an example of Presidential Executive:
(a) India
(b) United States of America
(c) Japan
(d) England
Answer:
(b) United States of America
Question 6.
In which country does the public elect the judges?
(a) India
(b) United States of America
(c) Japan
(d) SriLanka
Answer:
(b) United States of America
Question 7.
The best method of electing the judges is:
(a) Election by the people
(b) Election by the legislature
(c) Appointment by the executive
(d) Appointment by the political parties
Answer:
(c) Appointment by the executive
Question 8.
The main function of judiciary is:
(a) To provide justice
(b) Protection of the constitution
(c) To provide consultation
(d) All these
Answer:
(d) All these
Question 9.
In India, the credit of beginning “judicial activism” goes to:
(a) P.N Bhagwati
(b)P.B. Sawant
(c) H.R.Khanna
(d)All these
Answer:
(a) P.N Bhagwati
RBSE Class 11 Political Science Chapter 11 Very Short Answer Type Questions
Question 1.
Parliament of which country is called the Mother of all the Parliaments?
Answer:
Great Britain
Question 2.
Write any two functions of the legislature.
Answer:
- To pass the budget of state
- To impose taxes.
Question 3.
In which country of the world the elections of the high state officers of the Supreme executive is done by the legislature ?
Answer:
In Switzerland.
Question 4.
Write the names of both the houses of the legislature in India.
Answer:
- Lok Sabha
- Rajya Sabha.
Question 5.
Who elects the members of the lower house of the legislature?
Answer:
The public.
Question 6.
Write down the names of both the houses of the legislature in England.
Answer:
- House of Commons
- House of Lords.
Question 7.
In India by which name do we call the Upper House ?
Answer:
Rajya Sabha.
Question 8.
Give the composition of the executive in India.
Answer:
In India, the executive includes the President, the Prime Minster and his Council of Ministers.
Question 9.
What in single executive?
Answer:
When the powers of the executive are in the hands of one person it is called single orunitary executive, such as the President of the U.S.A.
Question 10.
Write two important functions of the executive.
Answer:
- Administrative function
- Political function.
Question 11.
Write the names of two countries where the public directly elects the judges.
Answer:
- United States of America
- Switzerland.
Question 12.
Write the two functions of judiciary.
Answer:
- To dispense justice
- To protect the fundamental rights.
Question 13.
In modern India, which elements have marked the new role of judiciary?
Answer:
- Judicial activism
- public interest litigation.
Question 14.
What do you understand by judicial activism?
Answer:
When the judiciary issues direction and instructions against such works done by the legislature and the executive, which are hasty and thoughtless, this action is called judicial activism.
Question 15.
In which fields has the judiciary shown judicial activism?
Answer:
In India, the judiciary has shown judicial activism in political, social, economic, educational and environmental fields.
RBSE Class 11 Political Science Chapter 11 Short Answer Type Questions
Question 1.
Give reasons for and against bicameral system of legislature.
Answer:
The following are the main reasons for and against bicameral system of legislature (government) :
(a) Arguments in favour of bicameral legislature:
- Checks on the autocratic tendency of the lower house.
- It is according to the spirit of democracy.
- The second house is helpful to the first house.
- Helpful in creating public opinion.
- Utilization of the experienced and efficient person’s ability, wisdom and services.
- It is a platform of the wise persons.
- According to the federal form of government.
- Helpful in creating public opinion.
(b) Arguments against bicameral system:
- Undemocratic system.
- Problem of composition.
- Wastage of money.
- Possibility of dispute between the two houses.
- Unnecessary delaying institution.
- Against the federal form of government.
Question 2.
Why is the bicameral system superior to unicameral system? Write any two reasons.
Answer:
The bicameral system is superior to unicameral system on the following two grounds:
1. Check on the autocratic tendency of the unicameral system. The second house checks the autocratic tendency of the first house, as the lower house may go corrupt and develop the tendency to work at will, so the second house is essential to check these wrong practices.
2. It may be an ensurer of better legislation, as a thoughtful and responsible revisionist of the lower house’s acts and decisions. Keeping in view the usefulness of the bi-cameral system, it is superior to the unicameral system.
Question 3.
Write any three functions of the Executive.
Answer:
Three functions of the Executive:
1. Duties regarding law:
The executive ensures that the laws made by the legislature are complied with. It calls the session of the Parliament, conducts its inaugural session, and if needed, it also passes ordinances.
2. Military functions:
The President of the state is the supreme commander of the armed forces He has, in his hands, the highest command of the armed forces. The appointment of the armed forces officers is within his powers, and he alone can declare war or peace.
3. Judicial functions:
In every state (country), the executive performs certain judicial functions also. It plays a significant role in appointing the judges and in granting pardons. In India, the President appoints the judges of the High Courts and the Supreme Court and the Chief Justice of the Supreme Court. He has the right to pardon a criminal.
Question 4.
In modern time, there has been an increase in the functions and powers of the executive. Write any three reasons for this.
Answer:
Three main causes for the increase of functions and powers of the executive are
the following:
1. Increase in the workload of the state:
The concept of well fare and socialist state . has increased the workload of the state. In most of the countries, the executive is discharging the duties connected with social and economic reforms.
2. Vested legislative powers:
Under this system, on account of many reasons, the legislature at its own accord has vested its power of making laws to the executive. This has enhanced the functions of the executive.
3. Industrial Revolution:
The modern age is the age of industrial revolution, so there has been an extension of working area of the state. Most of the developing countries are adopting the policy of economic planning. Industrial revolution has engaged the state in social, economic and industrial activities. This factor has also enhanced the functions of the executive.
Question 5.
Briefly describe the functions of judiciary.
Answer:
The main functions of the judiciary are the following :
1. To provide justice:
The main function of the judiciary is to discharge its duties in matters connected with the law of the country and its citizens have to pay full regard to the fundamental principles of the law. It hears the civil, criminal and constitutional cases and settles them in the word and spirit of the law. It settles the disputes between the citizens of the country,and between the center and the states. It ensures that the criminals are punished.
2. To interpret the law:
It interprets and defines the laws made by the legislature and those laid down in the constitution of India.
3. It protects the constitution and the fundamental rights of the citizens.
4. Judicial review:
It examines the legal validity of the acts made by the legislature, and the executive. If they are found against the provision of the constitutions or against the law of the country, it declares them invalid.
Question 6.
What do you understand by the independence of the judiciary?
Answer:
It means that the judiciary should be totally free from the control and intervention of the legislature and the executive while performing its judicial duties, so that a judge can deliver judgement according to the spirit of the law-impartially. There should be no pressure of any kind on him. Dr Garner has said about the freedom of the judiciary, “If the judges have no talent, truthfulness and freedom to give their judgement, the structure of the whole judiciary would be hollow and it would not serve the purpose for which it is made”.
Question 7.
Write any two points against judicial review.
Answer:
The two points of criticism against judicial review are:
1. The power of judicial review is against the principle of separation of powers:
In a democracy, keeping a balance among the three organs-legislature, executive, and judiciary, stress has been laid on the principle of separation of power. The power of judicial revision provides the judiciary the opportunity to intervene in the functioning of legislature and executive, and thus it ignores the law of separation of powers.
2. Obstacle in the path of progress:
In a democratic administration, the final power vests in the hands of the people. The parliament represents the power of the public. The power of judicial review, at many times, declares the law passed by the parliament, in the public interest, unconstitutional, and this proves to be an obstacle in the public welfare work intended by the Parliament for the benefit of the people.
RBSE Class 11 Political Science Chapter 11 Essay Type Questions
Question 1.
What do you understand by judicial review? Describe its significance.
Answer:
Meaning of Judicial Review:
The judicial review empowers the Supreme Court to protect the constitution. If the federal and the state governments do not comply with their constitutional responsibilities or misinterpret the law, or curtail the fundamental rights of the people – any such act of the parliament or of the legislature may be declared unlawful by the Supreme Court. Besides this, the Supreme Court can analyse and revise its own decision in the light of the new facts and can even change its decision. According to M.B Payalee, “To declare a law made by the legislature constitutional or unconstitutional is the spirit of judicial review.”
Significance of Judicial Review:
From the following points, we may clarify the significance of judicial revision:
1. Protection of fundamental rights:
The Supreme, Court has the right to review the autocratic tendencies of the legislature and the executive and protect the fundamental rights of the citizens. It there is no control of the Supreme Court over these bodies, the fundamental rights and the freedom of the citizens would be in danger.
2. Protection of the constitution:
The Supreme Court has declared only those laws unlawful, which were against the constitutional laws. So, the Supreme Court has protected the constitution from time to time.
3. Stability to the federal government:
The power of judicial review is very essential for the Supreme Court. With this power of judicial review, the Supreme Court has checked the federal government from interfering with the administration of the states.
4. The Supreme Court has checked all the administrative units from interfering with one anther and has given them no opportunity for developing autocratic tendencies. The power of judicial review is significant in maintaining the dignity of all the administrative units.