THE UNION GOVERNMENT

I. Choose the correct answer:

1. The parliament consists of two houses.

2. The prime minister is appointed bythe president.

3. Lok sabha has 545 elected members.

4. Members of lok sabha are elected bydirect election.

5. The upper house is known as rajyasabha.

6. The head of Indian republic andunion is president.

7. Money bills cannot be introducedwithout the approval of president.

8. The union finance minister presentsannual budget before the lok sabha.

9. The article of the constitutionprovides for a vice president article 63.

10. The president of India is Mr.Pranab Mukherjee.

11. The Supreme Court judge isappointed by the president.

12. Number of judges in Supreme Courtis 31.

13. The Supreme Court judges retire atthe age of 65.

14. Lok Adalat was introduced in 1987.

15. Head quarters of Supreme Court isin New Delhi.

II. Answer briefly:

1. What are the qualifications tobecome a member of the rajya sabha?

  • He or she must be a citizen of India.
  • Must not be less than 30 years of age.
  • Must possess such other qualifications may beprescribed by the parliament.
  • Must not be a member of lok sabha.
  • Must be a person with sound mind andfinancially solvent.
  • Must not hold any office of profit under anygovernment.

2. How is the prime minister elected?

According to the constitution of India,the leader of the majority party or majority group in the lok sabha isappointed as prime minister.

Prime minister of India is appointedby the president of India.

3. What is a bicameral legislature?

  • Indian parliament consists of two housescalled Rajya sabha and Lok sabha.
  • Since there are two houses in the parliamentit is called bicameral legislature.
  • Bicameral legislature also refers to stateshaving two houses namely the legislative assembly and legislative council. (eg.Andhra Pradesh, Bihar, Jammu andKashmir, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have legislativecouncil) .

4. Explain the term “lok sabha”.

  • Lok sabha is the house of people.
  • Its members are directly elected by the peopleof India.
  • It enjoys vast powers since its members areelected directly.
  • Hence the lower house of the parliament iscalled the lok sabha or house of the people.

5. What is Electoral College?

  • The electoral college consist of the electedmembers of the both houses of the parliament, the elected members of the statesand elected members of the national capital territory of Delhi and Pondicherry.

6. Who are all appointed by thepresident?

  • The president appoints the prime minister andother members of the council of ministers.
  • The judges of supreme courts and high courtsare also appointed by him.
  • The president appoints the heads of theelection commission, the attorney general chair person, members of UPSC, headsof armed forces, etc.

7. When is the emergency powerdeclared?

  • The president is empowered to declareemergency when there is a threat to security of India by war, externalrebellion or during armed rebellion. It is called national emergency. (Art.352)
  • If a government of a state cannot be carriedon in accordance with the provision of the constitution he declares stateemergency. (Art. 356)
  • If a financial stability or credit of India isthreatened, financial emergency is declared. (Art. 360)

8. How is the vice president elected?

  • A person to become the vice president of Indiashould possess all the qualifications that are required to become a presidentof India.
  • The vice president of India is elected by themembers of the parliament.

9. What are the qualifications of theSupreme Court judge?

  • The person who could become the judge of theSupreme Court must possess the following qualification;
  • Must be a citizen of India.
  • Should have worked as a judge of a high courtfor at least 5 years.
  • Should have worked as an advocate of a highcourt for at least 10 years.

10. What is the original jurisdiction?

  • The cases which are brought directly in thefirst instance to the Supreme Court come under original jurisdiction. Forexample, the dispute between the government of India and one or more states.

11. What is judicial review?

  • The judiciary can declare a lawunconstitutional.
  • This power of the judiciary is known as judicialreview.
  • By judicial review, the Supreme Court candeclare a law null and void when it is found against the constitution.

12. Write the function of the highcourt judge.

  • The two main judicial function of the highcourt are original jurisdiction and appellate jurisdiction.
  • The high court supervises the working of allsubordinate courts.
  • The state high court is empowered to issuewrits and orders in the enforcement of fundamental rights and also otherpurposes.

13. Explain the power of theappellate.

  • The Supreme Court hears appeals against thedecisions of the high court.
  • It hears appeals in civil, criminal andconstitutional cases.
  • The high court produces a certificate sayingthe case is fit to appeal in the Supreme Court.

III. Answer in a paragraph:

1. What are the powers and functionsof the parliament?

  • The parliament consists of two houses calledrajya sabha and lok sabha.
  • So it is a bicameral legislature.
  • It has absolute control over the finances ofthe nation.
  • It passes the union budget.
  • It has the power to amend any provision of theIndian constitution.
  • It can impeach the highest constitutionalauthorities.
  • The approval of the parliament is required tocontinue with the emergency promulgated by the president.

2. Explain the council of ministers.

a)The number of members of the councilof ministers is not specified in the constitution.

  • The ministers are classified under threeranks.
  • They are cabinet ministers, ministers of stateand deputy ministers.

a) Cabinet ministers:

  • The cabinet is the policy making body of thegovernment.
  • It is a collective body. Decisions are takeneither by consensus or majority.
  • Normally the cabinet ministers are assignedimportant portfolios such as finance home, external affairs and railways.

b) Ministers of state:

  • They are also in the charge of ministers ordepartments, but they do not participate in the meetings of the cabinet, unlessinvited to do so.

c) Deputy Ministers:

  • They assist either the ministers of cabinet orstate in the performance of the duties entrusted to them.

3. Explain the powers of thepresident.

  • The powers of the president can be dividedinto two categories namely
  • Power in normal times and
  • Emergency powers.
  • In normal times, the president enjoys
  • Executive powers,
  • Legislative powers,
  • Financial powers,
  • Judicial powers,
  • Military powers and
  • Diplomatic powers.

(a) Executive powers

  • Laws passed by the parliament are promulgatedwith the president’s assent.
  • The president is authorized to makeappointments.
  • The president is the supreme commander of thearmed forces.

(b) Legislative powers

  • The president can summon, prorogue both the housesof parliament.
  • Lok sabha can be dissolved by him.
  • Inaugural address is given by him.
  • The combined sessions of the parliament willbe addressed by him.

(c) Judicial powers

  • The president is not answerable to any courtof law.
  • He can pardon or remit or suspend a sentenceof punishment even by the court, a martial or death
  • sentences passed by a court.

(d) Financial powers

  • The constitution empowers the president tohave control over the finances of the state.
  • Annual budget is presented with his approval,by the finance minister.
  • Contingency fund is at the disposal of thepresident.

(e) Emergency powers

  • The president is given the power to declare
  • national emergency
  • state emergency
  • financial emergency.

4. What are the functions of the vice president?

  • The vice president of India occupies the 2ndhighest office in country.
  • No specific functions are attached to theoffice of the vice president.
  • The normal function of the vice president isto act as the ex-officio chairperson of rajya sabha.
  • If there occurs any vacancy in the office ofthe president due to death, resignation, removal or otherwise, the vicepresident acts as he president until a new president is elected.

5. Explain the powers and thefunctions of the Supreme Court?

a) Judicial functions:

  • The Supreme Court is the guardian of theconstitution.
  • The two main judicial functions of the SupremeCourt are original jurisdiction and appellate jurisdiction.

b) Original jurisdiction:

  • The cases which are brought directly in thefirst instance to the supreme court under original
  • jurisdiction.
  • The writs issued by the Supreme Court toenforce the fundamental rights are the
  • Habeas corpus,
  • Mandamus,
  • Prohibition,
  • Certiorari,
  • Quo -warranto.

c) Appellate jurisdiction:

  • The supreme courts hear appeals against thedecision of the high court in civil, criminal and constitutional cases.
  • The high court certifies the case whether itis fit to appeal in the Supreme Court.

d) Administrative functions:

  • There is a chain of codes of different typesto provide justice.
  • There are at present 24 high courts.
  • Below the high courts, there are thesubordinate courts of different categories.

e) Judicial review:

  • Judicial review gives the power to the SupremeCourt to declare a law as unconstitutional.
  • By this power the Supreme Court can declare alaw null or void if it is found against the constitution.
  • Hence the Supreme Court is known as theguardian of the constitution.

6. Explain the role of high courtjudges?

  • As per the article 214 of the constitution,there shall be a high court in each state.
  • There may be a common high court for two ormore states or union territory.
  • It consists of chief justice and other judges.
  • The high court enjoys original and appellatejurisdiction as the Supreme Court does.
  • The other courts have to follow the rules andregulations framed by the high court.
  • There is a bench of Chennai high courtfunctioning in Madurai.
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