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AEECC 301 - The Constitution - Human Rights and Law - Suggestion

The document outlines the curriculum for AEECC 301, focusing on the Constitution, human rights, and law in India. It covers key topics such as the structure and significance of the Indian Constitution, the roles of the Union and State governments, and the importance of Fundamental Rights and Directive Principles of State Policy. Additionally, it includes questions and answers to assess understanding of these concepts.

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0% found this document useful (0 votes)
31 views27 pages

AEECC 301 - The Constitution - Human Rights and Law - Suggestion

The document outlines the curriculum for AEECC 301, focusing on the Constitution, human rights, and law in India. It covers key topics such as the structure and significance of the Indian Constitution, the roles of the Union and State governments, and the importance of Fundamental Rights and Directive Principles of State Policy. Additionally, it includes questions and answers to assess understanding of these concepts.

Uploaded by

ssardar758682
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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AEECC 301: The Constitution, Human Rights and Law

Credits: 2
UNIT-I
"Introduction to Constitution:
"Meaning and importance of the Constitution, salient features of Indian Constitution.
Preamble of the Constitution. Fundamental rights- meaning and limitations. Directive
principles of state policy and Fundamental duties -their enforcement and their relevance.
UNIT-II"
Union Government:
"Union Executive- President, Vice-president, Prime Minister, Council of Ministers. Union
Legislature- Parliament and Parliamentary proceedings. Union Judiciary-Supreme Court of
India –
composition and powers and functions.
UNIT-III"
State and Local Governments:
"State Executive- Governor, Chief Minister, Council of Ministers. State Legislature-State
Legislative
Assembly and State Legislative Council. State Judiciary-High court. Local
Government-Panchayat raj
system with special reference to 73rd and Urban Local Self Govt. with special reference
to74th
Amendment.
UNIT-IV"
"Election provisions, Emergency provisions, Amendment of the constitution:
Election Commission of India-composition, powers and functions and electoral process.
Types of
emergency-grounds, procedure, duration and effects. Amendment of the constitution-
meaning,
procedure and limitations.
Suggestions:

Unit 1:

1 mark

Q: What is a Constitution?
A: A Constitution is a set of fundamental principles or established precedents according to which a
state or organization is governed.

Q: Why is the Constitution important?


A: It provides the framework for governance and ensures the rule of law and protection of
fundamental rights.

Q: What does the Constitution ensure for citizens?


A: Justice, liberty, equality, and fraternity.

Q: When was the Indian Constitution adopted?


A: On 26th November 1949.

Q: Which type of government does the Indian Constitution establish?


A: A parliamentary system of government.

Q: What is meant by "Sovereign" in the Indian Constitution?


A: India is independent and not subject to any external authority.

Q: Which feature makes the Indian Constitution unique?


A: It is the longest written Constitution in the world.

Q: What does "Secular" signify in the Indian Constitution?


A: The state does not favor any religion and ensures freedom of religion for all.

Q: What is the Preamble of the Constitution?


A: It is an introductory statement that outlines the guiding principles and philosophy of the
Constitution.

Q: List any two ideals mentioned in the Preamble.


A: Justice and Liberty.

Q: What does "Socialist" mean in the Preamble?


A: Economic and social equality for all citizens.

Q: Which phrase indicates equality in the Preamble?


A: "Equality of status and opportunity."

Q: How many fundamental rights are provided in the Indian Constitution?


A: Six fundamental rights.

Q: Name any two fundamental rights.


A: Right to Equality and Right to Freedom.
Q: What is a limitation of Fundamental Rights?
A: They are not absolute and can be restricted for reasons like public order, security, and morality.

Q: Under which Article is the Right to Constitutional Remedies mentioned?


A: Article 32.

Q: What are Directive Principles of State Policy?


A: They are guidelines for the state to achieve socio-economic justice.

Q: Are Directive Principles enforceable in court?


A: No, they are non-justiciable.

Q: How many Fundamental Duties are listed in the Indian Constitution?


A: Eleven fundamental duties.

Q: Under which Article are Fundamental Duties mentioned?


A: Article 51A.

5 Marks

1. What is the meaning of the Constitution, and why is it important for a country?

Answer: The Constitution is a fundamental legal document that lays down the framework for the
governance of a country. It defines the structure of government, distribution of powers, rights and
duties of citizens, and ensures the rule of law.

Importance:

Establishes the supremacy of law.

Ensures equality, justice, and liberty.

Protects fundamental rights.

Provides guidelines for governance.

Promotes national unity and integrity.

2. Enumerate five salient features of the Indian Constitution.

Answer:

Lengthiest Constitution: Contains detailed provisions for governance.

Federal Structure with Unitary Bias: Division of powers between the Centre and States, with a strong
central authority.

Parliamentary System: Executive is accountable to the legislature.

Secularism: No state religion; equal treatment of all religions.

Single Citizenship: All citizens have uniform rights and duties irrespective of the state they reside in.
3. What is the significance of the Preamble of the Indian Constitution?

Answer:

The Preamble serves as the introductory statement and reflects the philosophy and objectives of the
Constitution. It declares India as a Sovereign, Socialist, Secular, Democratic Republic and aims to
secure justice, liberty, equality, and fraternity for all its citizens.

4. Discuss the scope and limitations of Fundamental Rights in India.

Answer:

Scope:

Guarantees civil liberties to all citizens.

Includes rights like equality, freedom, and protection against exploitation.

Ensures protection through judicial enforcement. Limitations:

Subject to reasonable restrictions for public order, morality, and health.

Rights are not absolute and can be suspended during an emergency.

They do not extend to enemy aliens.

5. Explain the concept of Directive Principles of State Policy (DPSP). How are they different from
Fundamental Rights?

Answer:

DPSPs are guidelines to the government for achieving socio-economic justice and welfare.

Difference:

Fundamental Rights are justiciable, while DPSPs are non-justiciable.

Fundamental Rights promote individual rights, whereas DPSPs focus on collective welfare.

DPSPs aim to establish a welfare state.

6. List any five Fundamental Duties of Indian citizens as enshrined in the Constitution.

Answer:

Abide by the Constitution and respect its ideals and institutions.

Cherish and follow the noble ideals of the freedom struggle.

Uphold and protect the sovereignty, unity, and integrity of India.

Protect and improve the natural environment.

Develop scientific temper and spirit of inquiry.


7. How does the Preamble guide the interpretation of the Indian Constitution?

Answer: The Preamble reflects the essence and objectives of the Constitution. It serves as a guiding
principle for interpreting ambiguous provisions and reinforces the values of justice, liberty, equality,
and fraternity in governance and law-making.

8. What is the relationship between Fundamental Rights and Directive Principles of State Policy?

Answer:

The Fundamental Rights ensure individual freedoms, while DPSPs aim to achieve socio-economic
justice and public welfare. Though they appear distinct, they complement each other in establishing a
just and equitable society. Courts often interpret them harmoniously to balance individual rights with
collective good.

9. Can Fundamental Duties be enforced by law? Explain with examples.

Answer:

Fundamental Duties are not directly enforceable, but Parliament can make laws to enforce them. For
example:

The Prevention of Insults to National Honour Act, 1971, enforces respect for the National Flag and
Anthem.

Environmental laws promote the duty to protect the environment.

10. What are the limitations of Directive Principles of State Policy, and how can they be made more
effective?

Answer: Limitations:

Non-justiciable in nature.

Depend on the willingness and financial capacity of the government.

Suggestions for Effectiveness:

Provide legal backing to some DPSPs.

Increase awareness among citizens.

Encourage active participation in governance for their realization.

15 Marks

1. Explain the meaning and importance of the Constitution in a democratic society.

Answer:
A constitution is the fundamental legal document that outlines the principles, structures, and
powers of government and the rights and duties of citizens. Its importance in a democratic
society includes:

1. Framework for Governance: It defines the organization of government and


delineates powers among the legislature, executive, and judiciary.
2. Protection of Rights: It safeguards fundamental rights, ensuring citizens' freedoms
and dignity.
3. Rule of Law: It establishes the supremacy of law, ensuring no individual or institution
is above the law.
4. Stability and Order: By providing a predictable framework, it ensures political
stability and social order.
5. Conflict Resolution: It provides mechanisms to resolve disputes, whether between
citizens, or between the government and citizens.
6. Democratic Ideals: It enshrines principles like equality, liberty, justice, and fraternity,
reflecting the aspirations of the people.

The Indian Constitution, the longest written constitution globally, is a product of exhaustive
deliberation, reflecting the diversity and complexity of India.

2. Discuss the salient features of the Indian Constitution.

Answer:
The Indian Constitution is unique due to its comprehensive nature and adaptability. Its salient
features include:

1. Written and Detailed: The Indian Constitution is one of the most detailed
constitutions in the world.
2. Sovereign, Socialist, Secular, Democratic Republic: It declares India a sovereign
state committed to socialism, secularism, democracy, and republicanism.
3. Parliamentary System: It adopts a parliamentary form of government with a clear
separation of powers.
4. Federal Structure with Unitary Bias: It establishes a federal structure but allows
central dominance in times of emergency.
5. Fundamental Rights and Duties: It guarantees six categories of Fundamental Rights
and also prescribes Fundamental Duties for citizens.
6. Directive Principles of State Policy (DPSP): These are guidelines to ensure
socio-economic justice and welfare.
7. Single Citizenship: Unlike federal systems like the USA, India provides single
citizenship to all its citizens.
8. Universal Adult Franchise: It ensures every adult citizen has the right to vote.
9. Independent Judiciary: The judiciary is independent and acts as the guardian of the
Constitution.
10. Flexibility and Rigidity: It is a blend of rigid and flexible provisions, ensuring
adaptability to changing needs.

3. Analyze the significance of the Preamble to the Indian Constitution.

Answer:
The Preamble is an introductory statement that reflects the essence and philosophy of the
Constitution. Its significance includes:

1. Declaration of Sovereignty: It declares India to be sovereign, indicating that the


country is free from external control.
2. Objectives: It enshrines key objectives—justice (social, economic, and political),
liberty (of thought, expression, belief, faith, and worship), equality (of status and
opportunity), and fraternity (ensuring dignity and unity).
3. Democratic Ideals: It emphasizes democracy and the will of the people as the
foundation of governance.
4. Source of Authority: It asserts that the authority of the Constitution emanates from
the people of India.
5. Inspirational Value: It serves as a guiding principle for the interpretation of laws and
the Constitution itself.
6. Amendable Nature: It can be amended (as in the 42nd Amendment), showing its
adaptability.

The Preamble reflects the spirit of the Constitution and acts as a guiding star for lawmakers
and citizens alike.

4. What are Fundamental Rights, and what are their limitations?

Answer:
Fundamental Rights are the basic rights guaranteed to all citizens by the Indian Constitution
under Part III. They include:

1. Right to Equality (Articles 14-18)


2. Right to Freedom (Articles 19-22)
3. Right Against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Article 32)

Limitations of Fundamental Rights:

1. Reasonable Restrictions: The state can impose restrictions on rights like freedom of
speech (Article 19) in the interest of sovereignty, security, public order, or morality.
2. Non-absolute Nature: Rights are not absolute and must balance individual liberty
with societal interest.
3. Suspension during Emergency: Certain rights (Articles 19, 20, 21) can be suspended
during a national emergency.
4. Judicial Interpretation: Courts have the power to interpret these rights, which may
restrict their scope.
5. Against the State: These rights are primarily enforceable against the state, not private
individuals or entities.

While Fundamental Rights are vital for democracy, their limitations ensure they are exercised
responsibly.

5. Compare Directive Principles of State Policy and Fundamental Duties in terms of


their enforcement and relevance.

Answer:
Directive Principles of State Policy (DPSP):

● Found in Part IV of the Constitution, DPSPs are guidelines for the state to achieve
socio-economic justice and establish a welfare state.
● Key Features: Non-justiciable, directive in nature, includes provisions like promoting
education, reducing inequality, and securing a living wage.
● Relevance: They aim to create a just society and are considered fundamental to
governance. For instance, laws like the MGNREGA reflect DPSP principles.

Fundamental Duties:
● Added by the 42nd Amendment in Part IV-A, they prescribe responsibilities for
citizens to promote unity, protect heritage, and safeguard the environment.
● Key Features: Non-enforceable in courts but serve as moral obligations.
● Relevance: They encourage responsible citizenship and complement Fundamental
Rights.

Comparison:

Aspect Directive Principles Fundamental Duties


Nature Guidelines for the state Responsibilities of citizens
Enforceability Non-justiciable Non-justiciable
Purpose Achieving welfare state Encouraging civic responsibility
Examples Free legal aid, public Respect for Constitution, environment
health protection

Both DPSPs and Fundamental Duties are vital for realizing the ideals of the Constitution,
albeit with differing scopes.

Unit 2:

1 Mark

1. Who is the head of the Union Executive in India?


Answer: The President of India.

2. Who is the ex-officio Chairperson of the Rajya Sabha?


Answer: The Vice-President of India.

3. Who appoints the Prime Minister of India?


Answer: The President of India.

4. What is the minimum age required to become the President of India?


Answer: 35 years.

5. Which article of the Constitution deals with the election of the Vice-President?
Answer: Article 66.

6. What is the term of office of the President of India?


Answer: 5 years.

7. Who advises the President in the exercise of his/her functions?


Answer: The Council of Ministers headed by the Prime Minister.

8. What is the collective responsibility of the Council of Ministers?


Answer: They are collectively responsible to the Lok Sabha.

9. What is the primary duty of the Vice-President of India?


Answer: To act as the Chairperson of the Rajya Sabha.

10. Which body assists the President in the administration of India?


Answer: The Council of Ministers.
11. What are the two Houses of the Indian Parliament?
Answer: Lok Sabha and Rajya Sabha.

12. Who presides over the Lok Sabha?


Answer: The Speaker of the Lok Sabha.

13. How many members can the President nominate to the Rajya Sabha?
Answer: 12 members.

14. What is the maximum strength of the Lok Sabha?


Answer: 552 members.

15. What is the minimum age required to become a member of the Lok Sabha?
Answer: 25 years.

16. In which House of Parliament is a Money Bill introduced?


Answer: Lok Sabha.

17. Who has the final authority to decide whether a bill is a Money Bill?
Answer: The Speaker of the Lok Sabha.

18. What is the quorum required to conduct a meeting of the Lok Sabha?
Answer: One-tenth of the total membership.

19. Which article of the Constitution mentions the powers of the Parliament?
Answer: Article 79 to Article 122.

20. Who can dissolve the Lok Sabha?


Answer: The President of India.

21. Which is the highest judicial body in India?


Answer: The Supreme Court of India.

22. How many judges (including the Chief Justice) are there in the Supreme Court
currently?
Answer: 34 judges.

23. Who appoints the judges of the Supreme Court?


Answer: The President of India.

24. What is the term of office for a Supreme Court judge?


Answer: Till the age of 65 years.

25. Which article deals with the powers of the Supreme Court?
Answer: Article 141.

26. What is the primary function of the Supreme Court?


Answer: To act as the guardian of the Constitution.

27. What is the power of judicial review of the Supreme Court?


Answer: To determine the constitutionality of laws.
28. Under which jurisdiction does the Supreme Court handle disputes between
states?
Answer: Original jurisdiction.

29. Who can remove a judge of the Supreme Court?


Answer: Through impeachment by Parliament.

30. What is the minimum qualification required to become a Supreme Court judge?
Answer: Must have been a judge of a High Court for at least 5 years or an advocate in
a High Court for at least 10 years.

5 Marks

1. Question: What are the qualifications required to become the President of India?
Answer:
o Must be a citizen of India.
o Must be at least 35 years of age.
o Must be eligible to be a member of the Lok Sabha.
o Must not hold any office of profit under the Government of India, state
government, or any local authority.
2. Question: Explain the process of election for the Vice-President of India.
Answer:
o The Vice-President is elected by an electoral college consisting of members of
both Houses of Parliament.
o The election is held through a system of proportional representation by means
of a single transferable vote.
o Voting is conducted by secret ballot.
3. Question: What are the powers and functions of the Prime Minister of India?
Answer:
o Acts as the chief advisor to the President.
o Heads the Council of Ministers and allocates portfolios.
o Represents the country in international affairs.
o Serves as the link between the President and the Cabinet.
4. Question: How is the Council of Ministers classified in the Union Executive?
Answer:
o The Council of Ministers is classified into three categories:
1. Cabinet Ministers: Senior-most ministers responsible for major
ministries.
2. Ministers of State (Independent Charge): Handle specific portfolios
independently.
3. Ministers of State: Assist Cabinet Ministers.

5. Question: What are the main functions of the Parliament of India?


Answer:
o Legislative Functions: Enacts laws for the country.
o Financial Functions: Controls finances through the budget.
o Executive Oversight: Ensures accountability of the executive.
o Amendment of Constitution: Has the power to amend the Constitution.
o Judicial Functions: Can impeach the President and remove judges.
6. Question: What is a ‘Zero Hour’ in Parliamentary proceedings?
Answer:
o The 'Zero Hour' refers to the time immediately following the Question Hour in
both Houses of Parliament.
oMembers can raise issues of urgent public importance without prior notice.
oIt is not mentioned in the rules of procedure and is an informal parliamentary
practice.
7. Question: Differentiate between a Money Bill and an Ordinary Bill.
Answer:
o Money Bill: Deals exclusively with taxation, borrowing, or expenditure and
requires the Lok Sabha’s approval. It cannot be amended or rejected by the
Rajya Sabha.
o Ordinary Bill: Can be introduced in either House and is subject to approval,
amendment, or rejection by both Houses.

8. Question: What is the composition of the Supreme Court of India?


Answer:
o The Supreme Court consists of the Chief Justice of India (CJI) and a
maximum of 33 other judges.
o The number of judges can be increased by Parliament.
o Judges are appointed by the President in consultation with the judiciary under
the Collegium system.
9. Question: Mention the jurisdiction of the Supreme Court of India.
Answer:
o Original Jurisdiction: Resolves disputes between the Union and states or
among states.
o Appellate Jurisdiction: Hears appeals against decisions of High Courts.
o Advisory Jurisdiction: Advises the President on legal matters.
o Writ Jurisdiction: Issues writs for the enforcement of Fundamental Rights.
10. Question: What are the powers of judicial review of the Supreme Court of India?
Answer:
o The Supreme Court can review and invalidate any law or executive action that
violates the Constitution.
o It ensures that the legislature and executive remain within their constitutional
limits.
o Judicial review reinforces the doctrine of the supremacy of the Constitution.

15 Marks

1. Question:
Discuss the election process of the President of India. Highlight the qualifications required
and the powers and functions of the President.

Answer:
The President of India is elected by an electoral college consisting of the elected members of
both Houses of Parliament and the Legislative Assemblies of States and Union Territories.
The election is conducted by a proportional representation system through a single
transferable vote, ensuring uniformity.

Qualifications:

● Must be a citizen of India.


● At least 35 years of age.
● Eligible to be a member of the Lok Sabha.
● Should not hold any office of profit under the Government of India, a state
government, or any local authority.
Powers and Functions:

● Executive Powers: Appoints the Prime Minister, other ministers, governors of states,
and other key officials.
● Legislative Powers: Can summon, prorogue, and dissolve Parliament; gives assent to
bills; and issues ordinances.
● Judicial Powers: Appoints judges of the Supreme Court and High Courts and has the
power to grant pardons.
● Emergency Powers: Exercises special powers during national, state, or financial
emergencies.

2. Question:
Explain the composition and powers of the Supreme Court of India.

Answer:
Composition:

● The Supreme Court consists of the Chief Justice of India (CJI) and a maximum of 34
judges, as per the Constitution.
● Judges are appointed by the President of India, following a collegium system.

Powers and Functions:

● Original Jurisdiction: Resolves disputes between the Union and States or among
states.
● Appellate Jurisdiction: Hears appeals in civil, criminal, and constitutional cases
from lower courts.
● Advisory Jurisdiction: Advises the President on legal questions.
● Judicial Review: Ensures laws and executive actions comply with the Constitution.
● Guardian of the Constitution: Protects fundamental rights and interprets
constitutional provisions.

3. Question:
Discuss the powers and functions of the Vice-President of India and his role as the Chairman
of the Rajya Sabha.

Answer:
Election and Qualifications:

● Elected by members of both Houses of Parliament in accordance with a proportional


representation system.
● Must be a citizen of India, at least 35 years old, and eligible to be a member of the
Rajya Sabha.

Powers and Functions:

● Acts as the ex-officio Chairman of the Rajya Sabha and presides over its sessions.
● Ensures decorum and discipline in the Upper House.
● Takes over as Acting President of India in case of vacancy due to death, resignation,
or removal of the President.
● Performs ceremonial functions as required.

Role in the Rajya Sabha:


● Does not vote except in case of a tie.
● Facilitates smooth legislative proceedings, ensuring compliance with rules and
parliamentary procedures.

4. Question:
What are the powers and responsibilities of the Prime Minister of India as the head of the
Council of Ministers?

Answer:
Powers and Responsibilities:

● Leadership of the Executive: The Prime Minister leads the Council of Ministers and
is the chief advisor to the President.
● Formation of Government: Advises the President on the composition of the
ministry.
● Policy Formulation: Frames and implements government policies.
● Parliamentary Role: Represents the government in Parliament, introduces bills, and
ensures their passage.
● Coordination and Supervision: Coordinates between ministries and resolves
inter-departmental conflicts.
● Foreign Relations: Plays a key role in shaping and executing foreign policy.
● Crisis Management: Leads the nation during emergencies, ensuring appropriate
actions and measures.

5. Question:
Describe the composition and functions of the Parliament of India.

Answer:
Composition:

● Lok Sabha: Maximum of 552 members, including elected representatives from


states, Union Territories, and up to 2 nominated members from the Anglo-Indian
community (if required).
● Rajya Sabha: Maximum of 250 members, with representatives elected by State
Legislative Assemblies and nominated by the President for expertise in fields like
literature, art, or science.

Functions:

● Legislative Functions: Enacts laws on subjects in the Union and Concurrent Lists.
● Control over Executive: Through question hours, debates, and motions like
no-confidence.
● Financial Functions: Passes the Union Budget, Appropriation Bill, and Finance Bill.
● Constituent Functions: Amends the Constitution under Article 368.
● Judicial Functions: Impeaches the President and removes judges of the Supreme
Court and High Courts.
● Electoral Functions: Participates in the election of the President and Vice-President.
Unit 3

1 Mark

1. Q: Who is the constitutional head of a state in India?


A: The Governor.
2. Q: Who appoints the Chief Minister of a state?
A: The Governor.
3. Q: What is the maximum number of members allowed in the Council of Ministers,
including the Chief Minister, in a state?
A: 15% of the total strength of the Legislative Assembly.
4. Q: What is the tenure of a Governor?
A: 5 years.
5. Q: Can the Governor of a state be removed before their tenure ends?
A: Yes, by the President.

6. Q: What is the minimum age required to become a member of the Legislative


Assembly?
A: 25 years.
7. Q: Which house of the state legislature can be dissolved?
A: The Legislative Assembly.
8. Q: Which article of the Constitution provides for a bicameral legislature in states?
A: Article 169.
9. Q: What is the term of a Legislative Assembly?
A: 5 years.
10. Q: How many states in India currently have a bicameral legislature?
A: Six states.

11. Q: What is the highest court in a state?


A: The High Court.
12. Q: Who appoints the Chief Justice of a High Court?
A: The President of India.
13. Q: What is the minimum age for appointment as a judge of the High Court?
A: No minimum age is specified; eligibility is based on qualifications and experience.
14. Q: Under which Article is the High Court established?
A: Article 214.
15. Q: Can a High Court judge be removed?
A: Yes, through impeachment by Parliament.

16. Q: Which Constitutional Amendment introduced the Panchayati Raj system?


A: The 73rd Amendment.
17. Q: What is the tenure of a Panchayat?
A: 5 years.
18. Q: Which Constitutional Amendment deals with Urban Local Self-Government?
A: The 74th Amendment.
19. Q: What is the minimum age to contest Panchayat elections?
A: 21 years.
20. Q: Under which Article are the provisions for Municipalities mentioned?
A: Articles 243P to 243ZG.
5 Marks

1. Explain the role and powers of the Governor in the State Executive.

Answer:
The Governor is the constitutional head of a state in India and functions as a representative of
the President of India. Their powers include:

● Executive Powers: Appointing the Chief Minister, the Council of Ministers, and key
officials like the Attorney General and the Advocate General.
● Legislative Powers: Summoning, proroguing, and dissolving the State Legislative
Assembly; giving assent to bills passed by the legislature.
● Judicial Powers: Granting pardons, reprieves, respites, or remission of punishment.
● Discretionary Powers: In certain situations, the Governor can act independently of
the advice of the Council of Ministers, such as in the appointment of the Chief
Minister when no party has a clear majority.

2. Describe the role and functions of the Chief Minister in the State Executive.

Answer:
The Chief Minister is the head of the state government and exercises executive powers. Their
key functions are:

● Head of the Council of Ministers: They are responsible for the formation of the
Cabinet and the allocation of portfolios.
● Decision-Making: The Chief Minister decides on the policies and administration of
the state.
● Liaison between Governor and the Cabinet: They communicate the decisions of
the Cabinet to the Governor.
● Cabinet Coordination: The Chief Minister ensures that all ministers work
cohesively to implement government policies.

3. What is the structure of the State Legislature in India?

Answer:
The State Legislature consists of two Houses in states that follow a bicameral system:

● State Legislative Assembly (Vidhan Sabha): The lower house, members are directly
elected by the people.
● State Legislative Council (Vidhan Parishad): The upper house, members are
indirectly elected, including by graduates, teachers, and local authority members,
along with some nominated members.

4. What are the powers and functions of the State Legislative Assembly?

Answer:
The State Legislative Assembly holds significant legislative functions:

● Law-Making: It debates and passes laws on matters in the State List and Concurrent
List.
● Control over the Executive: The Assembly controls the state executive through
questions, debates, and motions.
● Budget Approval: It approves the state budget and financial matters.
● Impeachment: The Assembly can remove the Chief Minister and other members of
the government through a vote of no confidence.

5. Describe the role of the State Legislative Council.

Answer:
The State Legislative Council is the upper house of the state legislature. Its functions include:

● Review of Legislation: It reviews, suggests amendments, and debates laws passed by


the State Legislative Assembly.
● Representation of Different Sections: It represents intellectuals, professionals, and
local authorities.
● Non-Financial Legislation: It cannot amend money bills, but it can suggest changes
in non-financial matters.

6. Explain the structure and jurisdiction of the High Court in India.

Answer:
The High Court is the highest judicial authority in a state and functions at the state level. Its
structure includes:

● Chief Justice and Other Judges: The High Court is headed by the Chief Justice, and
other judges are appointed based on the recommendations of the Chief Justice and the
President.
● Jurisdiction: It has original, appellate, and advisory jurisdiction. The High Court
hears appeals from lower courts, issues writs, and supervises the functioning of lower
courts within the state.

7. What is the significance of the 73rd Amendment to the Indian Constitution?

Answer:
The 73rd Amendment (1992) provided a constitutional framework for Panchayati Raj
institutions, strengthening local self-government in rural areas. Its main features include:

● Three-Tier System: Establishment of Panchayats at the village, intermediate, and


district levels.
● Direct Elections: Elections for Panchayat members are to be held directly.
● Reservation for Women: One-third of the seats in Panchayats are reserved for
women.
● Devolution of Powers: Powers and responsibilities are transferred to Panchayats for
local administration and development.

8. What is the importance of the 74th Amendment in the context of urban


local self-government?

Answer:
The 74th Amendment (1992) strengthened urban local self-governance by providing a
constitutional framework for urban municipalities. Its key provisions include:
● Urban Local Bodies: It mandates the establishment of Municipalities and Municipal
Corporations in cities and towns.
● Decentralization of Power: Powers are decentralized to urban local bodies for
planning, implementation, and maintenance of local services.
● Reservation for Women: It ensures one-third reservation for women in municipal
elections.
● District Planning Committees: These committees are created to ensure coordinated
development in urban areas.

9. What are the major judicial powers of the Governor in the state?

Answer:
The Governor has certain judicial powers under the Constitution, which include:

● Pardon, Reprieve, or Commutation: The Governor can grant pardons, reprieves,


respites, or commutations of punishment.
● Appointing Judges: The Governor appoints the Chief Justice and other judges of the
High Court, in consultation with the Chief Justice of India and the President.
● Granting Bail: The Governor has the power to grant or refuse bail in cases where the
death penalty is involved.

10. Discuss the role of Panchayats in local governance after the 73rd
Amendment.

Answer:
The 73rd Amendment transformed Panchayats into an effective tool for local governance by:

● Constitutional Recognition: It provided constitutional status to Panchayats and


ensured their regular elections.
● Empowered Functioning: It devolved powers related to agriculture, rural
development, education, and health to local bodies.
● Women’s Empowerment: It reserved one-third of the seats for women in Panchayat
bodies, promoting gender equality in governance.
● Financial Decentralization: Panchayats were given control over funds for
developmental projects and local welfare activities.

15 Marks

1. Question: Discuss the role and powers of the Governor in a State under the
Indian Constitution.

Answer: The Governor is the constitutional head of the state executive and acts as the
representative of the President of India in the state. The Governor’s role is largely
ceremonial, with real executive authority lying with the Chief Minister and the Council of
Ministers.

Key Functions and Powers:

● Executive Powers: The Governor appoints the Chief Minister, other ministers, and
judges of the High Court. All executive actions of the State are taken in the
Governor’s name.
● Legislative Powers: The Governor summons, prorogues, and dissolves the State
Legislative Assembly. They also have the power to give assent to bills, withhold
assent, or reserve bills for the President’s consideration.
● Judicial Powers: The Governor can grant pardons, reprieves, and respites, and can
also remit sentences. They can also exercise powers related to the administration of
justice in the state.
● Discretionary Powers: The Governor has discretionary powers, such as
recommending President’s rule under Article 356 or exercising discretion in the
appointment of the Chief Minister in situations where no party has a clear majority.

2. Question: Explain the structure and functions of the State Legislature, with
a focus on the State Legislative Assembly and State Legislative Council.

Answer: The State Legislature is a bicameral body (in states where applicable) consisting of
two houses: the State Legislative Assembly (Vidhan Sabha) and the State Legislative
Council (Vidhan Parishad).

● State Legislative Assembly:


o Composed of directly elected representatives of the people. The number of
members in the Assembly is based on the population of the state, but it cannot
exceed 500 and must not be less than 60.
o Functions: The Assembly is primarily responsible for enacting laws,
approving the budget, and holding the executive accountable. The Chief
Minister and Council of Ministers are responsible to the Assembly.
o Money Bills: Only the Legislative Assembly can introduce money bills,
which must receive the Governor's assent.
● State Legislative Council:
o It is the upper house of the State Legislature and is a permanent body, unlike
the Legislative Assembly, which is dissolved after every five years. Members
of the Council are elected indirectly through various constituencies, including
graduates, local authority members, and teachers.
o Functions: The Council’s primary function is to review and amend legislation
passed by the Legislative Assembly. It acts as a revising chamber, similar to
the Rajya Sabha at the national level.

3. Question: Discuss the composition and powers of the Council of Ministers


in a State.

Answer: The Council of Ministers is a key component of the state executive. It consists of
the Chief Minister and other ministers appointed by the Governor.

● Composition:
o Chief Minister: The head of the state government, appointed by the
Governor. The Chief Minister plays a critical role in formulating policies and
coordinating the activities of the Council of Ministers.
o Other Ministers: These include Cabinet Ministers, Ministers of State, and
Deputy Ministers. The total number of ministers cannot exceed 15% of the
total membership of the Legislative Assembly.
● Powers and Functions:
o Executive Power: The Council of Ministers formulates policies and
implements laws. They assist the Governor in the discharge of their duties.
o Legislative Functions: The Council of Ministers introduces bills and seeks
the approval of the Legislative Assembly. They are responsible for the
administration and implementation of laws passed by the Legislature.
o Collective Responsibility: The entire Council is collectively responsible to
the Legislative Assembly. If the Assembly passes a vote of no confidence
against the government, the entire Council must resign.

4. Question: What are the main features of the Panchayat Raj System in India
with specific reference to the 73rd Amendment?

Answer: The Panchayat Raj System is a decentralized form of governance that aims to
promote rural self-governance. The 73rd Constitutional Amendment Act of 1992 is a
landmark reform that made the system a constitutional requirement.

Key Features of the Panchayat Raj System:

● Three-Tier Structure: The system is organized into three levels – the Gram
Panchayat (village level), Panchayat Samiti (block level), and Zila Parishad
(district level).
● Direct Elections: Members of the Gram Panchayat, Panchayat Samiti, and Zila
Parishad are directly elected by the people.
● Reservations: The Amendment mandates reservations for Scheduled Castes,
Scheduled Tribes, and women. At least one-third of the seats at every level must be
reserved for women.
● Powers and Functions: Panchayats are entrusted with the responsibility of rural
development, social justice, and local planning. They are given authority to levy
taxes, manage public assets, and plan development projects.
● State Legislation: Each state is required to pass its own laws to regulate the
functioning of Panchayats, and elections must be held every five years.

5. Question: Analyze the significance of the 74th Constitutional Amendment


and its impact on Urban Local Self-Government in India.

Answer: The 74th Constitutional Amendment Act of 1992 was a pivotal step towards
empowering urban local bodies in India. It brought about significant reforms aimed at
decentralizing governance in urban areas and promoting greater civic participation in
decision-making.

Key Features and Impact:

● Structure of Urban Local Bodies: The Amendment provides for the establishment
of three types of urban local bodies – Municipalities (for areas with a population of
over 1 lakh), Nagar Panchayats (for transitional areas), and Municipal
Corporations (for larger urban areas).
● Direct Elections: The members of the urban local bodies, including the Mayor and
other representatives, are directly elected by the people, ensuring democratic
governance.
● Devolution of Powers: The Amendment mandates that state governments devolve
certain powers to these bodies, including urban planning, regulation of land use, water
supply, sanitation, and urban poverty alleviation.
● Committees: It provides for the creation of Ward Committees and District
Planning Committees to ensure local participation in governance and development
planning.
● Women’s Representation: Like the Panchayat Raj system, the Amendment mandates
one-third reservation for women in urban local bodies, promoting gender equality and
women’s empowerment.

Unit 4

1 mark

1. Question: Who appoints the Chief Election Commissioner of India?


Answer: The President of India.
2. Question: How many members are there in the Election Commission of India?
Answer: The Election Commission of India consists of three members (Chief
Election Commissioner and two Election Commissioners).
3. Question: What is the main function of the Election Commission of India?
Answer: The main function is to conduct free and fair elections for the Parliament
and State Legislatures.
4. Question: What is the minimum age required for a person to be eligible to vote in
India?
Answer: 18 years.
5. Question: Which article of the Indian Constitution deals with the Election
Commission of India?
Answer: Article 324.
6. Question: What is the term of office of the Election Commissioners in India?
Answer: Six years or until they reach the age of 65, whichever is earlier.
7. Question: Which body is responsible for delimiting constituencies in India?
Answer: The Delimitation Commission of India.
8. Question: What is the primary role of the Election Commission during elections?
Answer: To oversee the entire electoral process, including the preparation of electoral
rolls, the conduct of voting, and the declaration of results.
9. Question: What is the maximum duration for which the President can impose a
"President’s Rule" in a state under Article 356?
Answer: 6 months, extendable by another 6 months with approval from Parliament.
10. Question: Which election is conducted using the system of proportional
representation in India?
Answer: The election to the Rajya Sabha (Council of States).

11. Question: What are the three types of emergencies provided in the Indian
Constitution?
Answer: National Emergency, State Emergency (President’s Rule), and Financial
Emergency.
12. Question: Which Article of the Indian Constitution deals with the proclamation of a
National Emergency?
Answer: Article 352.
13. Question: Under which circumstances can a National Emergency be declared in
India?
Answer: In case of war, external aggression, or armed rebellion.
14. Question: How long can a National Emergency last initially, without approval from
Parliament?
Answer: One month.
15. Question: What is the maximum duration for a state emergency under Article 356
(President's Rule)?
Answer: 3 years, with approval from Parliament every 6 months.
16. Question: Which Article empowers the President to impose a Financial Emergency?
Answer: Article 360.
17. Question: What is the maximum period for which a Financial Emergency can remain
in force?
Answer: No time limit; it can remain in force until revoked by the President.
18. Question: During a National Emergency, which fundamental rights are suspended?
Answer: The right to move to the court under Article 32 and Article 226 is
suspended.
19. Question: What is the condition for revoking a State Emergency (President’s Rule)?
Answer: It requires the approval of both Houses of Parliament.
20. Question: How can the proclamation of a National Emergency be invalidated?
Answer: If it is not approved by Parliament within one month.

21. Question: What is the procedure to amend the Indian Constitution?


Answer: An amendment can be proposed by Parliament and must be ratified by at
least half of the State Legislatures (for certain provisions).
22. Question: Which article of the Indian Constitution deals with the amendment
process?
Answer: Article 368.
23. Question: Which majority is required for the passage of a constitutional amendment?
Answer: A "special majority" of both Houses of Parliament.
24. Question: Can the power to amend the Constitution be used to alter fundamental
rights?
Answer: Yes, but only in certain cases and with limits (e.g., basic structure doctrine).
25. Question: What is the "basic structure" doctrine in the context of constitutional
amendments?
Answer: The doctrine that Parliament cannot amend the Constitution in a way that
alters its basic structure, as interpreted by the judiciary.
26. Question: Which body is responsible for initiating a constitutional amendment?
Answer: The Parliament of India.
27. Question: What is the role of the President in the amendment process?
Answer: The President gives assent to the amendment bill after it is passed by
Parliament.
28. Question: Can a state legislature amend the Indian Constitution?
Answer: No, only the Parliament has the power to amend the Constitution.
29. Question: Which part of the Indian Constitution is considered the "heart and soul" of
the Constitution?
Answer: The Preamble.
30. Question: How can a Constitutional amendment that affects the federal structure be
passed?
Answer: It requires the approval of not just Parliament but also half of the state
legislatures.

5 Marks

1. Describe the composition and functions of the Election Commission of


India.

Answer: The Election Commission of India is a constitutional body responsible for


administering election processes in India. It is composed of three members:

1. Chief Election Commissioner (CEC) - Heads the commission.


2. Two Election Commissioners - Appointed by the President of India.
Functions:

● Supervising elections: Ensures free and fair elections to the Lok Sabha, Rajya Sabha,
State Assemblies, and the offices of the President and Vice President.
● Electoral Rolls: Preparing and maintaining the electoral rolls.
● Code of Conduct: Enforcing the Model Code of Conduct during elections.
● Regulation of political parties: Recognizing and registering political parties and
allotting election symbols.

2. Explain the procedure of the election of the President of India.

Answer: The President of India is elected by an electoral college consisting of:

● Elected members of both Houses of Parliament.


● Elected members of the Legislative Assemblies of States and Union Territories.

The election follows a single transferable vote system, ensuring proportional representation.

Procedure:

1. Nominations are made, and scrutiny is conducted.


2. Voting is done through a secret ballot.
3. Members cast votes in a preferential order.
4. The votes are counted, and the candidate with the highest votes, after preferences,
wins.

3. What are the different types of emergencies in India under the


Constitution?

Answer: There are three types of emergencies mentioned in the Indian Constitution:

1. National Emergency (Article 352): Imposed when the security of India or any part is
threatened by war, external aggression, or armed rebellion. It can last for 6 months but
can be extended indefinitely with Parliament's approval.
2. State Emergency (President’s Rule) (Article 356): Imposed when the government of
a State is unable to function according to the provisions of the Constitution. It can last
for 6 months and be extended for a maximum of 3 years.
3. Financial Emergency (Article 360): Imposed when the financial stability or credit of
India or any State is threatened. It can last indefinitely unless revoked.

4. Discuss the procedure and grounds for the imposition of a national


emergency.

Answer: A National Emergency can be declared under Article 352 on the grounds of war,
external aggression, or armed rebellion. The procedure is as follows:

1. Proclamation: The President can declare an emergency by issuing a proclamation.


2. Approval by Parliament: The proclamation must be approved by Parliament within
one month.
3. Duration: The emergency can last for 6 months, and it can be extended with the
approval of Parliament for an unlimited period.

Grounds:
● War or external aggression.
● Armed rebellion.

The effects include the centralization of power, reduction in the state’s powers, and
suspension of Fundamental Rights.

5. What is the procedure for amending the Indian Constitution?

Answer: The procedure for amending the Constitution is outlined in Article 368. There are
two methods for amendment:

1. Simple Majority of Parliament: Certain provisions can be amended by a simple


majority in both Houses of Parliament (e.g., changes in the Union List, allocation of
seats in Parliament).
2. Special Majority of Parliament: Most amendments require a special majority (i.e., a
majority of the total members of the House and at least two-thirds of the members
present and voting).
3. Ratification by States: For amendments affecting federal provisions, ratification by
at least half of the State Legislatures is also required.

6. What are the limitations on the amendment of the Indian Constitution?

Answer: While the Indian Constitution is flexible, it does have limitations:

1. Basic Structure Doctrine: The Constitution cannot be amended in a way that alters
its "basic structure" (as per the Supreme Court's interpretation in the Kesavananda
Bharati case, 1973). This includes the federal structure, secularism, democracy, and
the separation of powers.
2. Certain Provisions Cannot Be Amended: For example, the method of election of
the President (Article 55) cannot be amended unilaterally.

7. Discuss the role and powers of the Election Commission of India in the
conduct of elections.

Answer: The Election Commission of India plays a crucial role in the conduct of elections.
Its powers include:

1. Supervision of Elections: It oversees all elections to the Parliament, State


Legislatures, and local bodies.
2. Preparation of Electoral Rolls: It ensures the maintenance and updating of electoral
rolls.
3. Issuance of Election Notifications: The Election Commission issues notifications for
the commencement of elections.
4. Model Code of Conduct: It enforces the Model Code of Conduct during elections to
ensure a fair and transparent process.
5. Regulation of Political Parties and Symbols: It recognizes political parties, allocates
election symbols, and regulates their conduct during elections.

8. What is President’s Rule and how is it implemented in India?

Answer: President’s Rule (Article 356) is imposed when the President believes that a State
government cannot function according to the provisions of the Constitution. This can happen
due to internal disturbance, failure of the constitutional machinery, or political instability in
the state.

Procedure:

1. The Governor of the State sends a report to the President regarding the situation.
2. The President can then declare President’s Rule, dissolving the State Legislative
Assembly and taking control of the State’s administration.

The rule lasts for 6 months and can be extended up to 3 years with the approval of
Parliament.

9. What is the significance of the basic structure doctrine in the context of the
amendment of the Constitution?

Answer: The Basic Structure Doctrine emerged from the landmark Kesavananda Bharati
case (1973), where the Supreme Court ruled that Parliament could not amend the Constitution
in a way that would alter its basic structure. This means that certain core principles, like the
separation of powers, federalism, judicial review, and the democratic nature of the Indian
Republic, cannot be altered through constitutional amendments.

This doctrine ensures that the fundamental features of the Constitution remain intact and
protects the Constitution from arbitrary changes.

10. Explain the procedure for the declaration of a financial emergency.

Answer: A Financial Emergency (Article 360) can be declared by the President of India
when the financial stability or credit of India or any State is threatened.

Procedure:

1. Proclamation: The President may issue a proclamation if the financial situation


threatens the country.
2. Approval by Parliament: The proclamation must be approved by both Houses of
Parliament within two months.
3. Duration: The financial emergency can continue indefinitely unless revoked by the
President.

Effects of Financial Emergency include the reduction of salaries and allowances of


government employees, central control over financial matters, and the suspension of the
financial autonomy of states.

15 marks

1. Discuss the composition, powers, and functions of the Election Commission


of India. How does the electoral process work in India?

Answer: The Election Commission of India (ECI) is an autonomous constitutional body


responsible for administering elections in India at both the central and state levels.

● Composition: The Election Commission consists of one Chief Election


Commissioner (CEC) and two Election Commissioners (ECs). The CEC and other
Commissioners are appointed by the President of India. They serve for a term of six
years or until they reach the age of 65, whichever is earlier.
● Powers and Functions: The powers of the Election Commission include:
o Supervising Elections: Ensures free and fair elections in India.
o Delimitation of Constituencies: Determines constituencies for parliamentary
and state elections.
o Preparation of Electoral Rolls: Maintains and updates voter lists.
o Regulation of Political Parties: Recognizes political parties and regulates
their conduct.
o Enforcement of Model Code of Conduct: Ensures that political parties and
candidates adhere to rules during elections.
o Election Disputes: Resolves disputes related to elections, such as
disqualifications and issues regarding the election process.
● Electoral Process:
o Voter Registration: Citizens who are 18 years and above are eligible to vote.
Voter lists are prepared and updated by the ECI.
o Nominations and Campaigns: Political parties and independent candidates
file their nominations. They are given a specific time for campaigning.
o Polling: Elections are conducted via Electronic Voting Machines (EVMs) or
paper ballots.
o Counting and Declaration of Results: Votes are counted and the winning
candidates are announced.

2. Explain the different types of emergencies under the Indian Constitution.


Discuss the grounds, procedure, duration, and effects of these emergencies.

Answer: The Indian Constitution provides for three types of emergencies under Article
352, 356, and 360.

● National Emergency (Article 352):


o Grounds: This can be proclaimed if there is a threat to the sovereignty,
integrity, or security of India, or if there is war or external aggression.
o Procedure: The President can declare a national emergency after the Union
Cabinet advises him. The proclamation is laid before Parliament, which must
approve it within one month.
o Duration: It can last for a maximum of six months but can be extended
indefinitely by successive parliamentary resolutions.
o Effects: The central government assumes more powers, states may lose their
authority, and fundamental rights can be suspended.
● State Emergency (President's Rule) (Article 356):
o Grounds: This is declared if the President believes that the governance in a
state cannot be carried out according to the provisions of the Constitution.
o Procedure: The President can issue a proclamation of President's Rule, which
is laid before Parliament for approval.
o Duration: Initially lasts for six months, but can be extended for up to three
years with Parliament's approval.
o Effects: The state government is dissolved, and the central government
directly controls the state. The state's legislative assembly is either suspended
or dissolved.
● Financial Emergency (Article 360):
o Grounds: It can be proclaimed if the President believes that the financial
stability or credit of India or any part of its territory is threatened.
o Procedure: The President can declare a financial emergency. This
proclamation must be approved by Parliament.
o Duration: It can continue indefinitely until revoked.
o Effects: The central government can issue directives to states to reduce
expenditure, modify fiscal policies, and even reduce salaries and allowances of
public servants.

3. What is the procedure for the amendment of the Indian Constitution?


Discuss the significance of the amending power and its limitations.

Answer: The amendment procedure of the Indian Constitution is provided under Article
368. The Constitution can be amended by the Parliament of India.

● Procedure for Amendment:


o The proposal for an amendment can be initiated in either house of Parliament.
It must be approved by a two-thirds majority of the members present and
voting in both Houses.
o If the amendment affects the federal structure, such as altering the powers of
states, it must also be ratified by half of the state legislatures.
● Types of Amendments:
o Simple Amendment: Some provisions of the Constitution can be amended by
a simple majority in Parliament (e.g., changing the names of states or union
territories).
o Special Procedure Amendments: Some provisions require the approval of
both Houses of Parliament with a two-thirds majority and, in some cases,
ratification by states (e.g., federal structure changes).
o Constitutional Amendments Requiring Special Ratification: These include
matters like the powers of the President or the election process for the
President.
● Significance:
o The amendment power allows the Constitution to evolve with changing times
and needs. It provides flexibility while maintaining the core values of the
Constitution.
● Limitations:
o Basic Structure Doctrine: The Supreme Court has ruled that the basic
structure of the Constitution cannot be altered through amendments. This
doctrine limits the scope of amendments and ensures that the fundamental
principles of the Constitution, like democracy, secularism, and federalism,
remain intact.
o Certain provisions, such as the federal structure and the powers of the
President, require ratification by states, limiting unilateral changes by
Parliament.

4. What are the grounds for the proclamation of a National Emergency in


India? Discuss its implications on the fundamental rights of citizens.

Answer: A National Emergency can be proclaimed under Article 352 of the Indian
Constitution, based on the following grounds:

● War: If India is involved in war or external aggression, a National Emergency may be


declared.
● External Aggression: If there is external aggression threatening the sovereignty and
integrity of India, an emergency may be proclaimed.

Implications on Fundamental Rights:


● Suspension of Rights: During a National Emergency, Article 19, which guarantees
fundamental freedoms like speech, assembly, and movement, can be suspended.
● Presidential Powers: The President can alter or restrict the application of
fundamental rights to citizens. The executive can issue ordinances or take direct
action without being bound by the usual limitations.
● State Control: The central government assumes extensive control over state
governments, and Parliament gains the power to legislate on matters enumerated in
the state list.

Despite the suspension of certain rights, the right to life and personal liberty under Article
21 can only be suspended through a formal proclamation and cannot be derogated in case of a
National Emergency.

5. What is the role of the Election Commission in ensuring free and fair
elections in India? Discuss its various functions and challenges.

Answer: The Election Commission of India (ECI) plays a crucial role in ensuring that
elections in India are free, fair, and conducted in accordance with the Constitution and
electoral laws. Its primary functions and challenges are outlined below:

● Functions:
1. Supervision of Elections: The ECI supervises elections to the Lok Sabha,
Rajya Sabha, State Legislative Assemblies, and Local Bodies.
2. Delimitation: The ECI is involved in the process of delimiting constituencies
to ensure equitable representation.
3. Voter Registration: It maintains and updates voter lists, ensuring that eligible
citizens are registered and able to vote.
4. Model Code of Conduct: The ECI enforces the Model Code of Conduct,
which is a set of guidelines to ensure that political parties and candidates
conduct themselves fairly during the election period.
5. Monitoring of Campaigns: The ECI monitors the funding of political
campaigns, ensuring compliance with the laws related to election expenditure.
6. Election Disputes: The Commission resolves disputes related to elections,
including cases of electoral malpractices and disqualification of candidates.
● Challenges:
1. Voter Turnout: Ensuring high and fair voter turnout, especially in areas with
social, economic, or geographical challenges.
2. Election Violence: Addressing instances of violence and intimidation that
occur during election periods.
3. Use of Money Power: Curbing the use of black money, bribery, and other
illicit means to influence voters.
4. Technological Challenges: Safeguarding the integrity of Electronic Voting
Machines (EVMs) and addressing concerns about electoral fraud.
5. Free and Fair Campaigning: Ensuring that no political party has an undue
advantage, especially in terms of media access and resources.

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