Rajasthan Board RBSE Class 11 Political Science Chapter 12 Separation of Powers and The Principle of Checks and Balances
RBSE Class 11 Political Science Chapter 12 Textual Questions
RBSE Class 11 Political Science Chapter 12 Very Short Answer Type Questions
Question 1.
Who is the profounder of power-separation principle?
Answer:
Jean Bodin. The final and true form to the principle was given by Montesque.
Question 2.
What is the literal meaning of power-separation ?
Answer:
The literal meaning of separation of power is that the legislature, the executive and the judiciary should work independently without interfacing one another. They should not interfere in the working areas of one another.
Question 3.
Administrative system of which country influenced Montesque’s principle of power – separation ?
Answer:
The administrative system of England influenced him.
Question 4.
What do you mean by, “I am the state”.
Answer:
It means the will of the ruler and the words coming out of his mouth are the laws.
RBSE Class 11 Political Science Chapter 12 Short Answer Type Questions
Question 1.
What is the sequence of development of the principle of power separation?
Answer:
Development order of power – separation principle:
The history of the division of powers in a state administration is very old. The Greek philosopher Aristotle divided his administration into three parts:
- Consultative
- Executive
- Justice related,
which in the modern age, are called:
- Legislature
- Executive
- Judiciary
After Aristotle, the Roman thinker Cicero and Pubilius stressed on the balanced power of the administration having equal significance. In the 14th century, Marcilio made some attempts in this direction. In the 16th century, Bodin stressed on the point that the officials related with administration and the judicial organ should be separated from one another. In the 17th century, Locke and other thinkers opined about the separation of legislature and the executive.
In the 18th century, the French philosopher Montesque defined the principle of power – separation in a systematic and lawful way. So, Montesque is called the Father of the principle of Power Separation. According to him, one organ should not interfere with the working area of another organ.
After him, the English thinkers Blackstone, famous American scholar James Madison and Jefferson supported the principle of power separation. In India, power – co – ordination principle has been adopted instead of the power – separation principle.
Question 2.
Explain the power – separation principle.
Answer:
Meaning of power – separation principle:
The power separation principle is based on the three organs of the government. The legislature should perform the function of law – making, the executive should perform its function of enforcing the law and the judiciary should perform its function to dispense justice according to the laws of the country.
Every organ should limit its authority to its area of working and every organ should function independently like other organs of the state. Montesque stressed on this point that each organ of the government should have full independence of working in its own area. It should not interfere with the area of other organs nor should it try to influence the area of other organs.
According to Gettel, the power separation principle says that the function of the three organs of the government should be performed by three different units of the government and the areas of the three organs of the government should be such that no organ can interfere with the area of other or organs. It should be independent in its own area.
Question 3.
What is the principle of Checks and Balances?
Answer:
The Principle of Checks and Balances:
According to the principle of checks and balances, all the three organs of the government – legislature, executive and judiciary, are separately entrusted powers of functioning in such a way that they should be independent in their sphere of functioning, and at the same time, they should maintain mutual check and harmonious balance among the three organs.
In such an arrangement, the autocratic tendency of each organ is controlled and balanced by the other two organs of the government. Consequently, none of the three organs can misuse its powers. In the United States of America, besides the principle of separation of powers, the principle of checks and balances is also followed by the three organs of the states.
Question 4.
The principle of power – separation is not essential for independent working of the three organs of the state. How?
Answer:
The meaning of power – separation principle is that when the powers connected with legislation, administration and justice function independently and they do not interfere with one another, we say that there is proper separation of powers among the three organs of the state.
Power – separation is not essential for independent working of the three organs. However, Montesque thinks that for independent working of the three organs, power – separation principle must be followed. But his concept of functional independence of the three organs necessitates the concept of power separation which is not fully correct.
In parliamentary form of government, there is a close relationship between the legislature and even then the executive, and even then the individual freedom of the citizens is not in danger. Gettel does not support the view that for independent functioning of the three organs of the states, the power-separation principle must be followed. Now, it has been rightly argued that for independent working of the three organs of the state, power separation principle is not necessary to be adopted.
Question 5.
Describe the two qualities of power separation principle.
Answer:
1. Check on autocratic administration:
The greatest quality of power – separation principle is that possibility of autocratic tendency in the administration is nipped in the bud. Many political thinkers have propounded and supported power-separation principle on this very basis. The principle at first checked the king from being autocratic and then put a check on legislature from turning autocratic.
2. Establishment of independent and impartial judiciary:
The principle of power separation checks the legislature and the executive from interfering with the working of the judiciary. In the absence of this principle, the judiciary cannot function independently and impartially. Prof Laski has rightly observed, “The significance of the power – separation principle can be judged by the fact that it has established the freedom of the judiciary.”
RBSE Class 11 Political Science Chapter 12 Essay Type Questions
Question 1.
Explain the meaning of power-separation and throw light on its advantages and disadvantages.
Answer:
Meaning of power separation:
Power – separation theory is based on the complete separation of power of the three organs of the government. The legislature should perform the function of law – making, the executive should perform the function of enforcing the law and the judiciary should dispense justice according to the spirit of the law. Each organ should limit its power to its own working field and work independently of the other two organs. This is called the power-separation theory.
Advantages of Power – Separation Theory
1. Decentralization of power:
Centralization of power gives birth to corruption and tyranny, while power-separation and independent working of the three different organs of the government brings in excellence and efficiency in working.
2. Check on arbitrary administration:
The greatest advantage of power – separation is that the possibility of arbitrariness of the citizen government is minimized.
3. Protection of the citizens’ freedom:
The power – separation principle prevents despotic rule and ensures the freedom of an individual.
4. Establishment of free and impartial judiciary:
The theory of separation of power prevents the interference of the legislature and the executive in the working of the judiciary. In the absence of power-separation, the judiciary cannot be independent and impartial in its working.
Disadvantages of the Power – Separation Theory
1. Undemocratic:
Due to the development of democracy, there has been an increase in the workload of the government and public expectations have also increased. The legislature expresses the public will and expectations. The independent working of the judiciary may disturb the planning of the legislature in bringing out good laws for the welfare of the people.
2. Possibility of confrontation among the three organs of the government:
The power separation theory may create a confrontation among the three organs of the government. Their independent working could create unnecessary hindrance in the efficiency of administration.
3. Unscientific theory:
No organ of human body can be separated from the whole body. In modern times, the various departments are interdependent. The integrated achievement of all the departments is the achievement of the government.
4. Power – separation is not essential for ensuring individual freedom:
Montesque’s assertion that power-separation is essential for individual’s freedom is not correct. An individual’s freedom does not depend on power separation. In parliamentary form of democracy, legislative and executive, while working together, can ensure an individual’s freedom. Making of good laws by legislature and implementation of good laws by the executive can protect an individual’s freedom and rights.
Question 2.
“The power – separation theory is neither practical nor desirable.” Explain.
Answer:
The power – separation theory implies that when the legislative, the executive and the judiciary work independently and do not interfere with the working of one another, we call it power separation. The power-separation theory asserts that no organ of government should interfere with the workings of other organs.
This theory encourages decentralization of power. It checks arbitrary rule, it protects individuals’ freedom and rights. It enables us to utilize the abilities and experience of so many persons. In spite of all these good points, the power-separation theory is neither practical nor desirable due to the following reasons :
1. It is an undemocratic theory:
In modern time, the development of democratic ideal has given birth to the concept of welfare state. It has increased the workload of the government, and people’s expectations. In democracy, legislature represents the public will. Many times, the power separation theory creates a hindrance in the working of the legislature.
2. Confrontation among different organs of the government:
Power separation theory gives birth to internal struggle among various departments of administration. If
all the three organs work independently, there will be decrease in the pace of development. Each organ of the government will take interest in protecting its powers. So, for the running of the government, mutual co -operation and mutual balance among the three organs of the government is very essential.
3. Not necessary for freedom:
Power-separation is not essential for the protection of freedom.
4. An un – scientific theory:
The organization of a government is just like a human body. In human body, each organ depends upon other organs of the body for its healthy functioning. To conclude, we can say that the organs of a government: the legislature, the executive and the judiciary cannot function separately and independently. Therefore, the theory of power-separation is neither practical nor desirable.
RBSE Class 11 Political Science Chapter 12 Objective Type Questions
Question 1.
“I am the state” – Who said it?
(a) John Locke
(b) Jefferson
(c) Louis XIV
(d) Laski
Answer:
(c) Louis XIV
Question 2.
The true father of power – separation principle is:
(a) Motesque
(b) Jean Bodin
(c) Madison
(d) Blackstone
Answer:
(a) Motesque
Question 3.
The constitution of which country is based on the power-separation principle ?
(a) USA
(b) France
(c) England
(d) India
Answer:
(a) USA
Question 4.
In which country’s declaration of rights, stress has been laid on power – separation principle ?
(a) India
(b) England
(c) France
(d) Japan
Answer:
(c) France
Question 5.
The writer of the book ‘The Spirit of Laws” is:
(a) Cicero
(b) Laski
(c) Willoughby
(d) Montesque
Answer:
(d) Montesque
RBSE Class 11 Political Science Chapter 12 Other Important Questions
RBSE Class 11 Political Science Chapter 12 Objective Type Questions
Question 1.
In 18th century, which scholar supported the separation of powers between the legislature and the executive?
(a) John Locke
(b) Harrington James
(c) Blackstone
(d) Aristotle
Answer:
(b) Harrington James
Question 2.
The constitution of which of the following countries has adopted the principle of the co – ordination of power in place of the principle of power separation?
(a) India
(b) China
(c) U.S.A.
(d) England
Answer:
(a) India
Question 3.
Which of the following scholars supported Montesque’s principle of power – separation?
(a) Blackstone
(b) Plato
(c) Aristotle
(d) Russel
Answer:
(a) Blackstone
Question 4.
In the constitution of which country, the principle of power separation co – exists with the principle of checks and balances?
(a) India
(b) England
(c) U.S.A.
(d) France
Answer:
(c) U.S.A.
Question 5.
In USA, all the law-making powers are vested in:
(a) President
(b) Congress
(c) Supreme Court
(d) All these
Answer:
(b) Congress
Question 6.
How does the president control the Congress in USA ?
(a) By message
(b) By impeachment
(c) By veto power
(d) By judicial review
Answer:
(c) By veto power
Question 7.
Which power of the Supreme Court is an effective check on the executive powers of the President of USA?
(a) judicial review
(b) judicial criticism
(c) impeachment
(d) prohibitory right
Answer:
(a) judicial review
RBSE Class 11 Political Science Chapter 12 Very Short Answer Type Questions
Question 1.
What do you understand by power – separation theory?
Answer:
Power separation theory means that all the three organs of the government – the legislature, the executive and the judiciary should function independently of one another. They should limit the use of their power to their functional areas.
Question 2.
Write any two elements of the power-separation theory.
Answer:
- All the three organs of the administration, viz. legislature, executive and judiciary must have separate powers,
- Every organ should work independently of the other, therein limiting its powers to its own functional areas.
Question 3.
Who is called the father of power-separation theory?
Answer:
Jean Bodin is called the father of power-separation theory.
Question 4.
Why according to Montesque, the division of power is essential?
Answer:
According to Montesque, the division of power is essential for the liberty of an individual and the establishment of justice.
Question 5.
Write the names of two scholars who supported the theory of separation of powers.
Answer:
- Blackstone
- James Madison.
Question 6.
Write chief advantage of the power – separation theory.
Answer:
The power – separation theory firstly checked the autocracy of the king and after that secondaly it checked the autocracy of the legislature.
Question 7.
Write any two demerits of powers-separation theory.
Answer:
- This theory can work against the will of a welfare state
- There is possibility of confrontation among the three organs of the government.
Question 8.
Which country’s system of administration inspired Montesque to adopt the powers-separation theory ?
Answer:
Administrative system of England inspired Montesque to adopt the power-separation theory.
Question 9.
The power – separation theory affected the constitution of which country the most?
Answer:
The constitution of the U.S.A. was affected the most.
Question 10.
Write any one of the powers used by the president of the U.S.A. to impose check on the legislature.
Answer:
Veto power on any bill presented by the legislature.
Question 11.
Write the name of any one power used by the court in United States of America to check the legislature (Congress).
Answer:
The power of bringing a resolution of impeachment.
Question 12.
Which power of the Supreme Court of U.S.A. is an effective check on the executive powers of the President?
Answer:
The power of judicial review.
RBSE Class 11 Political Science Chapter 12 Short Answer Type Questions
Question 1.
Describe the need for power – separation theory.
Answer:
Need for power – separation theory:
Following are the causes for the need of power separation theory:
- To prevent the administration from becoming autocratic
- To ascertain the responsibilities of the different organs of the administration
- To protect the freedom and rights of the people
- To increase the efficiency of administration
- To check the misuse of political powers
- To maintain the freedom and impartiality of judiciary, power – separation theory is essential
- To enable monitoring of one power by another power
- To prevent the concentration of power, and thereby the autocracy of the government.
Question 2.
Mention any three special features of power-separation theory.
Answer:
Following are the special features of the power – separation theory:
1. Decentralization of power:
The power – separation theory divides the administration into three organs:
- the legislature
- the executive
- the judiciary.
By division of work and power, the government works more smoothly, more efficiently and more speedily, and this also discourages corruption and tyranny.
2. Protection of citizens’ freedom:
The power – separation theory discourages the arbitrator and despotic tendency of governance, and protects individual freedom. No organ of the government can hinder the citizens’ freedom.
3. Check on despotic administration:
he greatest advantage of power – separation theory is that despotic rule cannot be established.
Question 3.
Describe any two faults of power – separation theory.
Answer:
Following are the two faults of the power – separation theory:
1. It is an undemocratic theory:
The concept of welfare state is becoming powerful on account of the development of democratic views. The functions of the government have increased and the expectations of people have also increased. The legislature represents people’s will. Under these circumstances, the executive lays emphasis on welfare of the people. In doing so, some representatives may feel offended when they are not able to control the executive effectively, and the basic principles of democracy are destroyed.
2. Confrontation among various organs of the government:
Power – separation theory may create rivalry among the three organs of the government and an internal struggle may arise. So, for proper functioning of the government, spirit of co – ordination, balance and co-operation is essential. Separation of Powers and
Question 4.
In United States of America, power – separation theory and the theory of checks and balances work together. How?
Answer:
1. In U.S.A. all the powers of law – making have been given to the Congress, but it cannot make laws in a despotic way.
- The President has a right to advice the Congress regarding its intention of making a law.
- It is essential for the Congress to get approval of a bill from the President before it is passed as a law. The President has veto power to reject a bill.
2. The Congress and the judiciary have a check on the executive powers of the President.
- The approval of the Congress is essential for important appointments, for the treaties made with foreign countries and for declaration of war and peace made by the President.
- The orders and the decisions of the Executive are under the review of judiciary.
- The Congress can impeach the President and remove him from office.
3. The President and the Congress have a check on the judiciary.
- The Congress can remove a judge from office through impeachment and can limit the functional area of the federal court.
- The President has the right to pardon a criminal and to appoint the judges of Supreme Court.
Question 5.
How can the President and the Supreme Court keep a check on the legislature in U.S.A. ?
Answer:
In U.S.A. all the the law – making powers have been given to the Congress. However, the President and the judiciary have been empowered through checks and balances to control the despotic tendency in the Congress. The President has a right to opine on the law – making agenda of the Congress and can send his clear message to the Congress.
The Congress, after passing a bill, will send it to the President for his approval. Then and then alone it can become a law fit to be enforced. Regarding the approval, the President has veto power to reject any bill sent for approval without assigning any reason. The Supreme Court, through its power of judicial review, can reject any law.
Question 6.
How can the Congress and the President exercise control over the Supreme Court in U.S.A. ? Explain.
Answer:
In U.S.A., the Supreme Court has almost all legal powers, yet, the President and the Congress exercise a considerable influence over it. The Congress can remove the judges from their office through impeachment and can limit the functional area of the Supreme Court. The Congress can increase the number of the judges.
The Congress, by law, decides the terms and conditions of the judges’ term. It also decides their salaries and other facilities. The President appoints the judges and has a right to grant pardon to a criminal. Besides, whatever law is made by the legislature, its approval has to be taken from the President.
RBSE Class 11 Political Science Chapter 12 Essay Type Question
Question 1.
Explain the Principle of checks and Balances.
Answer:
The principle of checks and balances means that all the three organs of the government must act in such harmony and co – ordination that all the three organs should keep a check on one another that none can develop a tendency of despotism and all the powers of the three organs can give maximum benefit of administration to the people.
Aim of this principle – The legislature, the executive and the judiciary have to work within the constitutional dignity and not to create an adverse effect on the administration. According to the theory of checks and balances, the powers of the three organs of the states so manage the administration of the state that they may work in their functional areas independent of others and should exercise mutual control, so that there should be a good balance among the three organs.
By doing so, all the three organs of the state are balanced in their performance and achievement. The mutual control on one another keeps them in balance and does not let them turn despotic in duty and behaviour. The result is that none of the three organs can misuse its power. Thus, they maintain a balance among the three power of administration.
For example, in the United States of America, the principle of checks and balances has been adopted along with the power – separation theory. According to the principle of checks and balances, every organ has been given some rights to keep an eye on working of other two organs, so that they may not misuse their powers. No organ considers itself superior to other. The constitution has given them mutually controlling powers.