Oswal 36 Sample Question Papers ISC Class 12 Political Science Solutions
|(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|
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.
|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.|
(i) Fundamental Rights: Part III of the Indian Constitution guarantees six fundamental rights to all the citizens:
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.
(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.
There are several ways using which the legislature establishes its control over the executive.
Some of these ways are:
The political executives are the part of the government and hold important portfolios and the ministries in the government.
(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.
(ii) The different types of the jurisdiction of the Supreme Court of India are:
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.
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.
Rajya Sabha is the Upper House in India and Senate is the Upper House in the USA. Three differences between them are:
|(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.
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.|
(ii) There are several reasons for inclusion of DPSP:
(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.
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