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Indian Constitution 5 Marks

The document outlines a study plan focused on the Indian Constitution, detailing various questions and answers related to its principles, powers, and structures. Key topics include directive principles of state policy, the relationship between legislative, executive, and judiciary branches, and the functions and powers of the President, Prime Minister, and Governor. It also discusses the distinction between fundamental rights and directive principles, the election process of the President, and the scope of judicial review.

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0% found this document useful (0 votes)
13 views16 pages

Indian Constitution 5 Marks

The document outlines a study plan focused on the Indian Constitution, detailing various questions and answers related to its principles, powers, and structures. Key topics include directive principles of state policy, the relationship between legislative, executive, and judiciary branches, and the functions and powers of the President, Prime Minister, and Governor. It also discusses the distinction between fundamental rights and directive principles, the election process of the President, and the scope of judicial review.

Uploaded by

mdivya512006
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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Suriya study plan

Indian constitution

Five marks answer key

May 2021

13. State any five directive principles of State policy.

14. Write a brief note on preamble.

15. Bring out the relationship between legislative, executive and judiciary.

16. Explain briefly the powers of vice president.

17.Distinguish between judicial and executive powers.

18.Explain the provisions relating to judicial review.

19. What are the powers of governor?

Answers:

13. Five Directive Principles of State Policy:


1. **Right to Work, Education, and Public Assistance**: The state shall provide for right to
work, education, and public assistance in case of unemployment, old age, sickness, and
disability.
2. **Promotion of Educational and Economic Interests**: The state shall promote the
educational and economic interests of Scheduled Castes, Scheduled Tribes, and other
weaker sections.
3. **Living Wage for Workers**: The state shall ensure that all workers receive a living wage,
a decent standard of life, and full enjoyment of leisure and social and cultural opportunities.
4. **Uniform Civil Code**: The state shall endeavor to secure for all citizens a uniform civil
code throughout the territory of India.
5. **Separation of Judiciary from Executive**: The state shall take steps to separate the
judiciary from the executive in the public services of the state.

14. Brief Note on the Preamble:


The Preamble of the Indian Constitution serves as an introductory statement that outlines
the guiding principles and philosophy of the Constitution. It declares India to be a Sovereign,
Socialist, Secular, Democratic Republic and emphasizes justice, liberty, equality, and
fraternity among all citizens, reflecting the core values and aspirations of the nation.

15. Relationship Between Legislative, Executive, and Judiciary:


- **Legislative**: Responsible for making laws. It consists of the Parliament at the national
level and state legislatures at the state level.
- **Executive**: Implements and enforces laws. It includes the President, Prime Minister, and
Council of Ministers at the national level, and Governors and Chief Ministers at the state
level.
- **Judiciary**: Interprets laws and adjudicates disputes. It ensures that laws are
constitutional and protects the rights of citizens. The three branches operate independently
but are interconnected, ensuring checks and balances in governance.

16. Powers of the Vice President:


The Vice President of India has several key powers:
- **Chairman of the Rajya Sabha**: Presides over its sessions and ensures orderly conduct
of business.
- **Casting Vote**: Has a casting vote in case of a tie in the Rajya Sabha.
- **Acting President**: Can assume the role of President in case of vacancy due to
resignation, impeachment, or death until a new President is elected.
- **Advisory Role**: Acts as a key advisor to the President and participates in the
decision-making process.

17. Distinction Between Judicial and Executive Powers:


- **Judicial Powers**: Involve the interpretation of laws and the administration of justice. The
judiciary has the authority to adjudicate disputes, protect fundamental rights, and review
laws for constitutionality.
- **Executive Powers**: Involve the enforcement of laws and policies. The executive is
responsible for implementing laws, conducting administration, and managing day-to-day
governance.

18. Provisions Relating to Judicial Review:


Judicial review allows the judiciary to review and invalidate legislative and executive actions
that are inconsistent with the Constitution. It ensures the supremacy of the Constitution,
protects fundamental rights, and maintains the rule of law. Article 13 empowers the judiciary
to declare laws void if they contravene fundamental rights, while Articles 32 and 226 provide
the right to seek enforcement of these rights.

19. Powers of the Governor:


The Governor has various powers, including:
- **Executive Powers**: Appoints the Chief Minister and other ministers, and oversees the
state administration.
- **Legislative Powers**: Summons and prorogues the legislature, gives assent to bills, and
can dissolve the Legislative Assembly.
- **Judicial Powers**: Has the authority to grant pardons and reprieves under Article 161.
- **Discretionary Powers**: Can act independently in certain situations, such as when no
party has a clear majority in the assembly.
May 2023

13.Is Indian constitution federal in nature? Discuss.

14.Write a brief note on preamble.

15.Narrate the emergency powers of President.

16.What are the bills initiated in the Lok Sabha?

17.Write a note on Judicial review.

18.Explain the functions of state legislature.

19.State briefly the fundamental duties.

Answers:

13. Is the Indian Constitution Federal in Nature? Discuss.


Yes, the Indian Constitution is considered federal in nature, though it also has unitary
features. Key characteristics include:

- **Distribution of Powers**: Powers are divided between the central government and state
governments, outlined in the Seventh Schedule.
- **Supremacy of the Constitution**: The Constitution is the supreme law, and both levels of
government derive authority from it.
- **Bicameral Legislature**: Parliament consists of two houses, reflecting a federal structure.
- **Independent Judiciary**: The judiciary interprets the Constitution and resolves disputes
between central and state authorities.
- **Unitarian Features**: In times of emergency, the central government can assume greater
powers, highlighting the unitary aspects of the Constitution.

14. Brief Note on the Preamble


The Preamble of the Indian Constitution serves as an introduction that outlines the
objectives and guiding principles of the Constitution. It declares India a Sovereign, Socialist,
Secular, Democratic Republic, emphasizing justice, liberty, equality, and fraternity. It reflects
the aspirations of the people and sets the tone for the governance framework.

15. Emergency Powers of the President


The President of India can declare a state of emergency under three conditions:

1. **National Emergency (Article 352)**: In case of war, external aggression, or armed


rebellion. This allows the central government to assume greater powers and can affect
fundamental rights.

2. **State Emergency (Article 356)**: If the President believes that the governance of a state
cannot be carried out according to the Constitution, often termed "President's Rule."

3. **Financial Emergency (Article 360)**: If the financial stability or credit of India is


threatened, the President can take measures to address the situation.

16. Bills Initiated in the Lok Sabha


Bills can be introduced in the Lok Sabha as:

1. **Ordinary Bills**: Can be introduced in either house. They require a simple majority for
passage.

2. **Money Bills (Article 110)**: Can only be introduced in the Lok Sabha and deal
exclusively with taxation or expenditure. The Rajya Sabha can only make recommendations.

3. **Finance Bills**: Relate to the budget and financial matters, and can also only be
introduced in the Lok Sabha.

17. Note on Judicial Review


Judicial review is the power of the judiciary to examine the constitutionality of legislative and
executive actions. It ensures that laws and actions are in compliance with the Constitution,
safeguarding fundamental rights and maintaining the rule of law. The Supreme Court and
High Courts exercise this power, enabling citizens to challenge unconstitutional laws or
actions.

18. Functions of State Legislature


The state legislature has several key functions:

1. **Legislation**: Enacts laws on subjects enumerated in the State List and Concurrent List.

2. **Budget Approval**: Reviews and approves the annual budget presented by the state
government.

3. **Oversight of Executive**: Holds the executive accountable through questions, debates,


and discussions.

4. **Representation**: Represents the interests and concerns of the citizens of the state.

5. **Amendment of Laws**: Can amend state laws as required.

19. Fundamental Duties


The Fundamental Duties, added by the 42nd Amendment in 1976, list the moral obligations
of citizens towards the nation. They include:

1. **To abide by the Constitution** and respect its ideals.


2. **To cherish and follow the noble ideals** that inspired the national struggle for freedom.
3. **To uphold and protect the sovereignty, integrity, and unity** of India.
4. **To defend the country** and render national service when called upon.
5. **To promote harmony** and the spirit of common brotherhood.
6. **To protect the environment** and safeguard public property.
7. **To develop scientific temper** and humanism.
8. **To strive towards excellence** in all spheres of individual and collective activity.

May 2022

13. State briefly the salient features of Indian Constitution.

14. Explain the appointment and powers of Prime Minister.

15. What are the functions of parliament?

16.Narrate the differences between Lok Sabha and Rajya Sabha.

17. Explain briefly the independence of judiciary.

18. What are the discretionary powers of legislature?

19. Describe the scope of judicial review in Indian Constitution.

Answers:

13. Salient Features of the Indian Constitution


1. **Lengthy and Detailed**: The Constitution is one of the longest in the world,
encompassing a wide range of provisions.
2. **Federal Structure**: It establishes a federal system of government with a clear division
of powers between the center and states.
3. **Parliamentary System**: India follows a parliamentary system of governance, with the
Prime Minister as the head of the government.
4. **Fundamental Rights and Duties**: It guarantees fundamental rights to individuals and
outlines fundamental duties for citizens.
5. **Secularism**: The Constitution upholds the principle of secularism, ensuring freedom of
religion.
6. **Independent Judiciary**: It establishes an independent judiciary to uphold the
Constitution and protect rights.
7. **Socialist Principles**: It aims for economic and social justice, reflecting socialist ideals.
8. **Amendment Procedure**: It provides a flexible yet rigid procedure for amendments,
allowing for change while protecting core principles.

14. Appointment and Powers of the Prime Minister


**Appointment**: The President appoints the Prime Minister, usually the leader of the party
that has a majority in the Lok Sabha.

**Powers**:
1. **Executive Authority**: As the head of the government, the Prime Minister oversees the
administration and coordinates the functioning of various ministries.
2. **Cabinet Leadership**: Chairs Cabinet meetings, influences policy decisions, and
allocates portfolios to ministers.
3. **Legislative Role**: Represents the government in Parliament, introduces bills, and
ensures the passage of legislation.
4. **Foreign Affairs**: Responsible for shaping and executing foreign policy.
5. **Crisis Management**: Plays a crucial role in times of national emergency or crises.

15. Functions of Parliament


1. **Legislation**: Enacts laws on various subjects.
2. **Representation**: Represents the electorate's interests and concerns.
3. **Budgeting**: Reviews and approves the annual budget.
4. **Oversight**: Monitors the executive's functioning through questioning and debates.
5. **Debate and Discussion**: Provides a platform for discussing national issues and
policies.
6. **Amendment of Laws**: Has the power to amend existing laws.

16. Differences Between Lok Sabha and Raja sabha

Differences Between Lok Sabha and Rajya Sabha

The Lok Sabha, or House of the People, is the lower house of India's Parliament, whereas
the Rajya Sabha, or Council of States, is the upper house.

**Membership**: The Lok Sabha consists of a maximum of 545 members, with 543 elected
directly by the public through general elections and 2 appointed by the President from the
Anglo-Indian community (though this provision is no longer applicable). In contrast, the
Rajya Sabha has a maximum of 250 members, of which 238 are elected by the elected
members of State Legislative Assemblies and Union territories, and 12 are nominated by the
President for their expertise in specific fields.

**Elections**: Members of the Lok Sabha are elected directly by the electorate through a
system of first-past-the-post voting, while members of the Rajya Sabha are indirectly elected
by state legislatures. This distinction emphasizes the Lok Sabha's greater connection to the
public.

**Term Duration**: The Lok Sabha has a term of five years, after which it may be dissolved.
The Rajya Sabha, however, is a permanent body and is not subject to dissolution. One-third
of its members retire every two years, ensuring continuity.

**Money Bills**: Only the Lok Sabha can introduce Money Bills, which pertain to taxation or
public expenditure. The Rajya Sabha can only make recommendations on such bills, which
underscores the financial primacy of the Lok Sabha.

**Power of Dissolution**: The Lok Sabha can be dissolved by the President on the advice of
the Prime Minister, marking the end of its current session. The Rajya Sabha, on the other
hand, cannot be dissolved; it is a continuing body.

In summary, the Lok Sabha and Rajya Sabha serve distinct roles within the Indian
parliamentary system, with the Lok Sabha being more directly accountable to the electorate
and the Rajya Sabha providing representation for states and expertise.

17. Independence of Judiciary


The independence of the judiciary is ensured through:
1. **Constitutional Provisions**: The Constitution guarantees judicial independence by
providing security of tenure for judges.
2. **Separation of Powers**: Distinct separation from the executive and legislative branches
to prevent interference.
3. **Appointment and Removal**: Judges are appointed by the President, with the advice of
the Prime Minister and the Chief Justice, and can only be removed through impeachment.
4. **Financial Independence**: The judiciary's budget is presented to Parliament separately,
enhancing its autonomy.
5. **Judicial Review**: The judiciary has the power to review and declare laws
unconstitutional, safeguarding citizens' rights.

18. Discretionary Powers of Legislature


Discretionary powers of the legislature include:
1. **Discretion in Lawmaking**: The legislature can decide whether or not to pass certain
bills based on public interest.
2. **Oversight**: The power to conduct inquiries and investigations into the actions of the
executive.
3. **Control Over Funds**: The legislature can decide on matters related to financial
allocations, budget approvals, and expenditure.

19. Scope of Judicial Review in the Indian Constitution


Judicial review in India allows the judiciary to:
1. **Examine Constitutionality**: Assess the constitutionality of legislative and executive
actions.
2. **Protect Fundamental Rights**: Ensure that individual rights are protected against
unlawful state actions.
3. **Uphold Rule of Law**: Maintain the supremacy of the Constitution by invalidating
arbitrary laws and actions.
4. **Interpret the Constitution**: Provide interpretations that guide future legislative and
executive actions.

December 2022

13. Distinguish between fundamental rights and directive principles of state policy.

14. Explain how president is elected.

15. Write a brief note on Union Parliament.

16. What are the ways of removal of judge of Supreme Court?

17. State briefly the functions of High Court.

18. Explain the legality of an amendment in the light of Kesavananda Bharathi case.

19. Examine the rationale of Judicial review.

Answers:

13. Distinction Between Fundamental Rights and Directive Principles of State Policy

**Fundamental Rights**:
- **Nature**: Rights guaranteed to individuals, enforceable by law.
- **Purpose**: Protects individual liberties and freedoms against arbitrary actions by the
state.
- **Constitutional Status**: Enshrined in Part III of the Constitution; can be enforced through
the courts.
- **Justiciability**: Violation of these rights can lead to legal action; individuals can seek
remedies.
- **Examples**: Right to Equality, Right to Freedom, Right against Exploitation, Right to
Freedom of Religion.

**Directive Principles of State Policy**:


- **Nature**: Guidelines for the state to ensure social and economic justice.
- **Purpose**: Aims to promote the welfare of the people and achieve economic and social
goals.
- **Constitutional Status**: Enshrined in Part IV of the Constitution; not enforceable by law.
- **Justiciability**: Cannot be challenged in a court of law; they serve as ideals for
governance.
- **Examples**: Right to Work, Education, and Public Assistance; Promotion of Educational
and Economic Interests of Scheduled Castes.

14. How the President is Elected

The President of India is elected through an electoral process involving an **Indirect


Election**. The election is conducted by an electoral college consisting of:
1. **Elected Members of both Houses of Parliament**: All elected members of the Lok
Sabha and Rajya Sabha.
2. **Elected Members of State Legislative Assemblies**: Members from the Legislative
Assemblies of States and Union territories with a legislative assembly.

**Voting Process**:
- The election employs a **single transferable vote system**, ensuring proportional
representation.
- Each voter has a specific number of votes based on the population of the state they
represent.
- The total votes are counted, and the candidate securing a majority is declared the winner.

15. Brief Note on Union Parliament

The Union Parliament of India is the supreme legislative body of the country, consisting of
two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
The Parliament is responsible for making laws, approving budgets, and overseeing the
executive branch.

**Functions**:
- **Legislative Role**: Enacts laws on various subjects listed in the Constitution.
- **Financial Powers**: Reviews and approves the government's budget and expenditure.
- **Representation**: Represents the interests of citizens through elected representatives.
- **Oversight**: Monitors the actions of the executive, ensuring accountability through
discussions, debates, and question sessions.

16. Ways of Removal of a Judge of the Supreme Court

A Supreme Court judge can be removed through a process known as **impeachment**. The
procedure is outlined in Article 124(4) of the Constitution and involves:

1. **Grounds for Removal**: A judge can be removed for proven misbehavior or incapacity.
2. **Initiation**: The process can be initiated by either house of Parliament.
3. **Notice**: A notice of the proposed removal must be given, signed by at least 100
members in Lok Sabha or 50 members in Rajya Sabha.
4. **Investigation**: A committee is formed to investigate the allegations against the judge.
5. **Voting**: If the committee finds the allegations substantiated, both houses must pass the
motion for removal by a two-thirds majority.

17. Functions of High Court

The High Court serves several essential functions, including:

1. **Appellate Jurisdiction**: Hears appeals against judgments from lower courts.


2. **Original Jurisdiction**: Can hear cases directly involving significant matters, such as
constitutional issues or those concerning government actions.
3. **Writ Jurisdiction**: Has the power to issue writs to enforce fundamental rights under
Article 226.
4. **Supervisory Role**: Supervises the functioning of lower courts and tribunals within its
jurisdiction.
5. **Advisory Functions**: Provides legal opinions to the government on constitutional
matters.

18. Legality of an Amendment in the Light of Kesavananda Bharathi Case

The **Kesavananda Bharathi case** (1973) established the **Basic Structure Doctrine**,
asserting that while Parliament has the power to amend the Constitution, it cannot alter or
destroy its basic structure. This landmark judgment underscored that certain fundamental
features, such as the supremacy of the Constitution, rule of law, separation of powers, and
fundamental rights, cannot be amended.

This doctrine protects the core values of the Constitution and ensures that amendments do
not undermine the fundamental principles on which the Constitution is based.

19. Rationale of Judicial Review

Judicial review serves several essential purposes:

1. **Protection of Fundamental Rights**: Ensures that individual rights are safeguarded


against arbitrary government actions.
2. **Upholding the Constitution**: Maintains the supremacy of the Constitution by invalidating
laws and actions that contravene constitutional provisions.
3. **Checks and Balances**: Provides a mechanism for the judiciary to check the powers of
the legislative and executive branches, preventing abuse of power.
4. **Interpretation of Laws**: Allows the judiciary to interpret laws, ensuring they align with
constitutional mandates and principles.
5. **Promoting Justice**: Facilitates social justice by allowing citizens to challenge unjust
laws and government actions.

December 2021

13. What is Preamble of Indian Constitution? Explain.


14. State the importance of fundamental rights.

15. Describe the composition of Union Cabinet.

16. Write any four differences between Lok Sabha and Rajya Sabha.

17. Explain the functions of Speaker in brief.

18. Narrate the powers of State Legislature.

19. How Governor of a state is appointed?

Answers:

13. Preamble of the Indian Constitution

The Preamble is the introductory statement of the Indian Constitution, outlining its
fundamental values and guiding principles. It serves as a roadmap for the Constitution,
summarizing its objectives and aspirations.

**Key Features**:
- **Sovereign**: India is free and independent, with the authority to govern itself.
- **Socialist**: Aims to promote social and economic equality and justice.
- **Secular**: Ensures that the state treats all religions equally and does not favor any
religion.
- **Democratic**: Establishes a government that is elected by the people, reflecting their will.
- **Republic**: The head of the state is elected, not a hereditary monarch.

The Preamble emphasizes justice, liberty, equality, and fraternity, highlighting the
Constitution's commitment to the welfare and dignity of all citizens.

14. Importance of Fundamental Rights

Fundamental Rights are essential for several reasons:

1. **Protection of Individual Liberties**: They safeguard the basic freedoms and rights of
individuals against state infringement.
2. **Promotion of Equality**: They ensure that all citizens are treated equally before the law,
irrespective of their background.
3. **Empowerment**: They empower citizens to challenge unlawful actions of the state and
seek redressal.
4. **Foundation of Democracy**: They are crucial for the functioning of a democratic society,
enabling citizens to participate in governance.
5. **Social Justice**: They contribute to the promotion of social justice by addressing
inequalities and protecting vulnerable groups.

15. Composition of the Union Cabinet

The Union Cabinet is composed of the Prime Minister and other ministers.

**Key Points**:
- **Prime Minister**: The head of the Cabinet, responsible for setting government policy and
coordinating the activities of the ministers.
- **Cabinet Ministers**: Senior members responsible for specific ministries, such as finance,
defense, and health.
- **Ministers of State**: Junior ministers who may assist Cabinet Ministers and handle
specific responsibilities within ministries.
- **Total Members**: The Cabinet can have a varying number of ministers, but it is usually
composed of around 20-25 members.

The Cabinet collectively makes key decisions and policies of the government, functioning as
the main executive body.

16. Four Differences Between Lok Sabha and Rajya Sabha

1. **Nature**: The Lok Sabha is the lower house, while the Rajya Sabha is the upper house
of Parliament.
2. **Election Method**: Lok Sabha members are directly elected by the public, whereas
Rajya Sabha members are elected by state legislatures.
3. **Term Duration**: The Lok Sabha has a fixed term of five years and can be dissolved,
while the Rajya Sabha is a permanent body with one-third of its members retiring every two
years.
4. **Financial Powers**: Money Bills can only be introduced in the Lok Sabha, while the
Rajya Sabha cannot initiate such bills but can suggest amendments.

17. Functions of the Speaker

The Speaker of the Lok Sabha plays a crucial role in the functioning of Parliament:

1. **Presiding Officer**: The Speaker presides over the sessions of the Lok Sabha, ensuring
order and decorum during debates.
2. **Decision on Points of Order**: They make rulings on procedural matters and points of
order raised by members.
3. **Representation**: The Speaker represents the Lok Sabha to the President and in other
official functions.
4. **Casting Vote**: In case of a tie, the Speaker has the casting vote, which is exercised in
accordance with established conventions.

18. Powers of the State Legislature


The State Legislature has several key powers:

1. **Legislative Powers**: Enacts laws on subjects enumerated in the State List and
Concurrent List of the Constitution.
2. **Financial Powers**: Controls state finances, including the approval of the state budget
and taxation.
3. **Oversight of the Executive**: Monitors the actions of the state government, holding it
accountable through debates and discussions.
4. **Amendment Powers**: Can propose amendments to state laws and the Constitution as
required.

19. Appointment of the Governor of a State

The Governor of a state is appointed by the President of India.

**Process**:
- The President selects the Governor based on the advice of the Prime Minister and the
Council of Ministers.
- The appointment is typically made for a term of five years, but the Governor holds office
during the pleasure of the President, meaning they can be removed or replaced at any time.
- Governors often have a significant role in state administration and play a part in legislative
processes, including giving assent to bills.

December 2020

13. State the features of federal system.

14. Bring out the salient features of constitution.

15. How is president of India elected?

16. Distinguish between Lok Sabha and Rajya Sabha.

17. What are constitutional remedies available under judiciary?

18. Examine the various powers of Governor.

19. Write a brief note on state legislature.

Answers:

13. Features of the Federal System


1. **Division of Powers**: The Constitution divides powers between the central government
and state governments, with specific subjects assigned to each level.

2. **Written Constitution**: The federal structure is enshrined in a written Constitution, which


clearly delineates the powers and responsibilities of each level of government.

3. **Supremacy of the Constitution**: The Constitution is the supreme law of the land, and
both central and state laws must conform to it.

4. **Bicameral Legislature**: Many federal systems, including India, have a bicameral


legislature at the national level, providing representation for different regions.

5. **Independent Judiciary**: An independent judiciary interprets the Constitution and


resolves disputes between different levels of government.

6. **Dual Government**: There exists a dual system of government where both the central
and state governments operate simultaneously.

7. **Amendment Procedure**: The Constitution provides a specific procedure for amending


its provisions, which often requires the consent of both levels of government.

14. Salient Features of the Constitution

1. **Length and Detail**: The Indian Constitution is one of the longest written constitutions in
the world, encompassing extensive provisions.

2. **Sovereign State**: It establishes India as a sovereign nation, free to govern itself.

3. **Socialist Principles**: Aims for economic and social equality through policies that
promote social justice.

4. **Secularism**: Guarantees freedom of religion and the equal treatment of all religions by
the state.

5. **Democratic Framework**: Establishes a parliamentary system of governance, ensuring


representation and accountability.

6. **Fundamental Rights and Duties**: Protects individual rights and outlines the duties of
citizens.

7. **Directive Principles of State Policy**: Provides guidelines for the state to promote social
and economic welfare.

8. **Independent Judiciary**: Ensures the protection of rights and the rule of law through an
independent judicial system.

15. Election of the President of India


The President of India is elected through an **indirect election** process involving an
**electoral college**. This electoral college consists of:

- **Elected Members of Parliament**: All elected members of both houses of Parliament (Lok
Sabha and Rajya Sabha).
- **Elected Members of State Legislative Assemblies**: Members from the Legislative
Assemblies of all states and Union territories with a legislative assembly.

**Voting Method**: The election follows a **single transferable vote system**, ensuring
proportional representation. Each elector has a specific number of votes based on the
population of the states they represent. The candidate securing the majority of votes is
declared elected.

16. Distinction Between Lok Sabha and Rajya Sabha

The Lok Sabha and Rajya Sabha are the two houses of Parliament, differing in several
aspects:

1. **Nature**: The Lok Sabha is the lower house, while the Rajya Sabha is the upper house.
2. **Election Method**: Lok Sabha members are directly elected by the people; Rajya Sabha
members are elected by state legislatures.
3. **Term Duration**: The Lok Sabha has a term of five years and can be dissolved; the
Rajya Sabha is a permanent house, with one-third of its members retiring every two years.
4. **Financial Powers**: Money Bills can only be introduced in the Lok Sabha, while the
Rajya Sabha can only suggest amendments to such bills.

17. Constitutional Remedies Available Under Judiciary

The Indian Constitution provides several remedies for the enforcement of fundamental
rights:

1. **Writs**: Article 32 allows individuals to approach the Supreme Court to seek various
writs:
- **Habeas Corpus**: To secure the release of a person unlawfully detained.
- **Mandamus**: To compel a public authority to perform a duty.
- **Prohibition**: To prevent a lower court from exceeding its jurisdiction.
- **Quo Warranto**: To challenge the legality of a person's claim to a public office.
- **Certiorari**: To quash the order of a lower court or tribunal.

2. **Public Interest Litigation (PIL)**: Enables individuals or groups to file petitions on behalf
of those who cannot approach the court, addressing broader social issues.

3. **Judicial Review**: The power to declare laws or actions of the legislature and executive
unconstitutional if they violate fundamental rights.

18. Various Powers of the Governor


The Governor of a state has several key powers:

1. **Executive Powers**: Appoints the Chief Minister and other ministers, and oversees the
functioning of the state government.

2. **Legislative Powers**: Summons and prorogues the state legislature sessions, gives
assent to bills, and can dissolve the Legislative Assembly.

3. **Judicial Powers**: Has the authority to grant pardons and reprieves under Article 161 of
the Constitution.

4. **Discretionary Powers**: Can act independently in certain situations, such as when no


party has a clear majority in the assembly or in the case of a constitutional crisis.

5. **Financial Powers**: Introduces the state budget and recommends the imposition of
taxes.

19. Brief Note on State Legislature

The State Legislature is the legislative body at the state level, typically consisting of two
houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan
Parishad) in some states.

**Functions**:
- **Legislation**: Enacts laws on subjects listed in the State List and Concurrent List.
- **Budgetary Powers**: Reviews and approves the state budget, ensuring financial
accountability.
- **Oversight**: Monitors the actions of the executive, holding it accountable through debates
and questions.
- **Representation**: Represents the interests of the citizens of the state, reflecting their
needs and concerns.

The State Legislature plays a crucial role in governance and the democratic process at the
state level.

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