Oswal 36 Sample Question Papers ISC Class 12 Political Science Solutions

Section-A

Answer 1.

(1) (b) Balwant Rai Mehta Committee (ix) (a) False
(2) (d) Cooperation (b) False
(3) (a) Legal Right (c) True
(4) (a) 42nd (d) True
(5) Right to Education (x) (a) Secularism
(6) Swaran Singh Committee (b) Appellate Jurisdiction
(7) Cultural and Educational Rights (c) Judicial Activism
(8) 42nd (d) Right to Constitutional Remedies

Section-B

Answer 2.

Synthesis of Parliamentary Sovereignty and Judicial Supremacy: The doctrine of sovereignty of Parliament is associated with the British Parliament while the principle of judicial supremacy with that of the American Supreme Court.

Just as the Indian Parliamentary system differs from the British system, the scope of judicial review power of the Supreme Court in India is narrower than that of what exists in US. This is because the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ contained in the Indian Constitution (Article 21).

Therefore, the framers of the Indian Constitution have preferred a proper synthesis between the British principle of parliamentary sovereignty and the American principle of judicial supremacy. The Supreme Court, on the one hand, can declare the parliamentary laws as unconstitutional through its power of judicial review. The Parliament, on the other hand, can amend the major portion of the Constitution through its constituent power.

Answer 3.

Authoritarian States Totalitarian States
(a) The authoritarian states believes in the policy of submission of the citizens in its state to its authority. The totalitarian states asserts total control over every aspect of the lives of the people. There is no personal freedom to the people in these states.
(b) Some social organisations gets acceptance in such types of states however their scope and functioning is seriously restricted. These types of states did not accept any traditional social organisations and suppress such organisations.
(c) The authoritarian states has limited power to pursue and mobilise people for the achievement of the national goals. The people are mobilised in pursuance of the common national goals and there is no restrictions on the methods adopted for such mobilisation.

Answer 4.

(i) Fundamental Rights: Part III of the Indian Constitution guarantees six fundamental rights to all the citizens:

  • (a) Right to Equality (Articles 14-18),
  • (b) Right to Freedom (Articles 19-22),
  • (c) Right against Exploitation (Articles 23-24),
  • (d) Right to Freedom of Religion (Articles 25-28),
  • (e) Cultural and Educational Rights (Articles 29-30),
  • (f) Right to constitutional Remedies (Article 32).

The Fundamental Rights are meant for promoting the idea of political democracy. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They are justiciable in nature, that is, they are enforceable by the courts for their violation. The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo arranto for the restoration of his rights.

OR

(ii) Indirect elections did not see the election of the representatives by the means of Universal Adult Franchise.
In this type of elections, the elected representatives of the people select the eligible candidates through the means of vote.

(a) The members of the Rajya Sabha are elected indirectly by the members of the Legislative Assemblies of the state.

(b) The President of India is also elected indirectly by the members of the Lok Sabha and the Rajya Sabha and the legislatures of all states including the Union Territories of Delhi and Puducherry.

Advantages of Indirect elections are:

(a) It saves a large amount of cost which incurs in the conduction of the general elections.

(b) It also gives the power to the chosen representatives to make certain decisions concerning the elections of certain candidates to offices.

Answer 5.

There are several ways using which the legislature establishes its control over the executive.

Some of these ways are:

  • (a) The government is collectively responsible to the Lok Sabha for its decisions in the matters regarding law and order, finance, foreign policy and other administrative matters.
  • (b) The members of the legislature has the right to ask questions from the ruling government during the session of the Parliament. They can ask questions on diverse range of topics and can seek oral as well as written answers from the ministers.
  • (c) The legislature has the right to form the Parliamentary Committees and the joint Parliamentary Committees for rendering advice on certain matters and also for the investigation purposes.
  • (d) The Lok Sabha also has the right to bring no confidence motion against the government and if this motion gets passed then the government has to resign.

Answer 6.

The political executives are the part of the government and hold important portfolios and the ministries in the government.

  • (a) They are responsible for the formulation of the administrative policies of the nation. A minister is put in charge of a particular ministry and oversee its working.
  • (b) The welfare programs for the benefit of the common people and the poor are discussed and formulated by the political executive. It involves discussion with various stakeholders before the final approval of a program.
  • (c) The political executive works very closely with the permanent executive and see the implementation of the policies on the ground. They also ensure that the permanent executive is able to maintain law and order in the nation.

Answer 7.

(i) Blend of Rigidity and Flexibility : Constitutions are also classified into rigid and flexible. A rigid Constitution is one that requires a special procedure for its amendment, as for example, the American Constitution. A flexible Constitution, on the other hand, is one that can be amended in the same manner as the ordinary laws are made, as for example, the British Constitution.

The Constitution of India is neither rigid nor flexible but a synthesis of both. Article 368 provides for two types of amendments:

(a) Some provisions can be amended by a special majority of the Parliament, i.e., a two-third majority of the members of each House present and voting, and a majority (that is, more than 50 per cent), of the total membership of each House.

(b) Some other provisions can be amended by a special majority of the Parliament and with the ratification by half of the total states.

At the same time, some provisions of the Constitution can be amended by a simple majority of the Parliament in the manner of ordinary legislative process. Notably, these amendment do not come under Article 368.

OR

(ii) The different types of the jurisdiction of the Supreme Court of India are:

  • (a) Original Jurisdiction: The cases that can only be heard by the Supreme Court. These cases are related to the disputes between different states, the Government of India and other states.
  • (b) Appellate Jurisdiction: Supreme Court has appellate jurisdiction over both the criminal and civil cases. It can hear the cases from the High Courts, if the High Court certifies that a case involves a substantial question of law.
  • (c) Special Leave to Appeal: Under Article 136 of the Constitution, Supreme Court has the power to grant special leave against a judgement or decree in any case of the tribunals and other courts.
  • (d) Court has the power to issue the writs of Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition.
  • (e) Court is the protector of the fundamental rights of the people and is the final interpreter of the Constitution.

Answer 8.

Some of the features of the 74th Constitutional Amendment Act are:
  • (a) The 74th Constitutional Amendment Act has mandated the establishment of municipalities. These municipalities shall be constituted in every state.
  • (b) There should be a Nagar Panchayat for a transitional area, i.e., from a rural to an urban area.
  • (c) Creation of Municipal Council for a smaller urban area and a Municipal Corporation for a larger urban area.
  • (d) The members of the Municipalities are directly elected by the people from their territorial constituencies.
  • (e) There is the provision of reservation for the Scheduled Castes, Scheduled Tribes and women in the Municipalities.
  • (f) The planning of social and economic development of the designated area is under the authority of the Municipalities.

Answer 9.

Language is one of the most essential parts of the culture of people belonging to different ethnic, cultural and social sects.

(a) Since the independence of India, language has remained an important topic for the increase in regionalism among Indians. The government of India had to divide the states on the basis of language on several occasions.

(b) Language has helped in the generation of distinct identities among different linguistic groups which has sometimes affected the national unity of the country.

Since the independence of India, there has been numerous secessionist demands from several groups belonging to different ethnic backgrounds, different language, different customs and traditions. The secessionist demands can take the violent fervor on some occasions:

(a) Sometimes there are demands from the groups to secede from the country which is not acceptable to the government at any cost. This situation has led to violence in the North Eastern states.

(b) There has been a long struggle between the government forces and secessionist groups for maintaining the balance in the political power.

Section-C

Answer 10.

There are several reasons for inclusion of DPSP:

(a) The aim and vision of DPSP are to ensure social, economic and political equality in India. It is a humongous task due to which DPSP are not legally enforceable.

(b) To maintain a balance between liberal, socialist and Gandhian ideals in the Indian society.

  • 1. Article 44: The State shall use all reasonable efforts to ensure that citizens throughout India have access to a uniform Civil Code.
  • 2. Article 45: To make certain that all children receive early childhood care and education until the age of fourteen year.
  • 3. Article 48: To organise agriculture and animal husbandry according to scientific and modern principles.
  • 4. Article 48A: To protect and improve the environment, as well as the forests and wildlife of the country.
  • 5. Article 49: The state shall protect any monument or place of aesthetic or historic value.
  • 6. Article 50: The state shall take steps to separate the judiciary from the executive in the public service of the state.
  • 7. Article 51: States that the State must strive to maintain just and honourable relations with other nations in order to achieve international peace and security.

Answer 11.

Rajya Sabha is the Upper House in India and Senate is the Upper House in the USA. Three differences between them are:

Rajya Sabha Senate
(a) The members of the Rajya Sabha are elected in an indirect manner whereas the members of the legislative assemblies vote for them. The members of the Senate in the USA are elected directly by the people of the respective states.
(b) The number of members of the Rajya Sabha varies according to the population of the state. Uttar Pradesh being the most populous state has the largest number of seats in the Rajya Sabha. In Senate every state of the USA has the same composition. Every state is allowed to send two members to the Senate.
(c) The Rajya Sabha do not have any major financial powers. It do not have any power concerning the Budget. The Senate has the right to vote on the Budget and has almost complete control over it.

Three main powers of the President of the USA:

(a) He has the right to choose his ministers and secretaries which will work in the government with him. However crucial appointments in the executive have to be approved by the Senate.

(b) The President can nominate the justice in the Supreme Court. This is one of the most significant power of the President. However this appointment again has to be ratified by the Senate.

(c) The President also enjoys certain kinds of veto powers like absolute veto, suspensive veto and pocket veto. Using these powers he can stop the bills passed by the Congress.

Answer 12.

Comparing Indian and American Supreme Courts:

Indian Supreme Court American Supreme Court
(a) Its original jurisdiction is confined to federal cases. Its original jurisdiction covers not only federal cases but also cases relating to naval forces, maritime activities, ambassadors, etc.
(b) Its appellate jurisdiction covers constitutional, civil and criminal cases. Its appellate jurisdiction is confined constitutional cases only.
(c) It has a very wide descretion to grant special leave to appeal in any matter against the judgement of any court or tribunal (except military). It has no such plenary power.
(d) It has advisory jurisdiction. It has no advisory jurisdiction.
(e) Its scope of judicial review is limited. Its scope of judicial review is very wide.
(f) It defends rights of the citizen according to the procedure established by law. It defends rights of the citizen according to the ‘due process of law’.
(g) Its jurisdiction and powers can be enlarged by Parliament. Its jurisdiction and powers are limited to that conferred by the Constitution.
(h) It has power of judicial superintendence and control over state High Courts due to integrated judicial system. It has no such power due to double (or separated) judicial system.

OR

(ii) There are several reasons for inclusion of DPSP:

  • (a) The aim and vision of DPSP are to ensure social, economic and political equality in India. It is a humongous task due to which DPSP are not legally enforceable. Further, objectives that come under DPSP are Administration and Political, Justice and Legal, Environment, Protection of Monuments, Peace and Security of the nation.
  • (b) To maintain a balance between liberal, socialist and Gandhian ideals in the Indian society.
  • Two differences between Fundamental Rights and Fundamental Duties are:
  • (a) Fundamental Rights are enforceable by law and their violation can lead to the interference of courts. On the other hand fundamental duties do not have legal enforcement.
  • (b) Fundamental Rights are the guarantee of protection of individual rights of the people. On the other hand Fundamental Duties are the expectations of the state from the Indian citizens.

Answer 13.

(i) The High Court should have issued the writ of Habeas Corpus which instructs the public authority to produce a detained individual in front of the court.

(ii) The High Court must protect the fundamental rights of the individual. For protecting such rights it is empowered to issue some kinds of writs. By issuing such writs it fulfils its responsibility of ensuring justice to the citizens of the nation. In this case the police detained an individual without a warrant issued by the court which is against the principle of the law. Due to this reason, the High Court passed the order to produce the individual in front of them so that they can investigate the whole matter.

(iii) There are four other writs Mandamus, Certiorari, Prohibition and Quo Warranto.

ISC 36 Sample Question Papers

All Subjects Combined for Class 12 Exam 2024

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