Chapter 4. Working of Institutions PDF

## Chapter 4. Working of Institutions ### In a Democracy - In a democracy, rulers have to work with and within institutions. - Three institutions play a key role in major decisions: legislature, executive and judiciary. ### Process of Taking a Major Policy Decision - Major policy decisions are...

## Chapter 4. Working of Institutions ### In a Democracy - In a democracy, rulers have to work with and within institutions. - Three institutions play a key role in major decisions: legislature, executive and judiciary. ### Process of Taking a Major Policy Decision - Major policy decisions are taken through a government order. - To know this process, it's important to understand how government orders are issued. ### Government Order - A government order is a written direction on an issue signed by a government authority. - It's often called an Office Memorandum. - An example is the Government of India's order from 1990 (13th August) regarding a major policy decision: reserving 27% of civil posts and service positions for Socially and Educationally Backward Classes (SEBCs). ### Controversy Over the Order - The issuing of orders can lead to countrywide protests, sometimes violent. - This often leads to a debate about the order in the media with different opinions and views. ### Appeal to Stop Implementation of Order - Some persons and associations file cases in courts against the order, hoping to have it declared invalid and stop its implementation. ### Chapter Syllabus - How is the Major Policy Decision Made? - Parliament - Political Executive - The Judiciary ### Government - A set of institutions that create, implement and interpret laws to ensure a functional society. - Administers and supervises citizens and resources of a country. ### Office Memorandum - A communication issued by an authority highlighting policy or decisions. ### Reservation - A policy that reserves certain positions in government jobs and educational institutions for people and communities that have been discriminated against. ### Court's Intervention and Modifications in Order - Supreme Court or High Courts examine the constitutionality of the order and can modify it if there is a violation of constitutional provisions. ### The Decision Makers - **President:** Head of state; highest formal authority in the country. - **Prime Minister:** Head of the government; exercises governmental powers; makes most decisions in cabinet meetings. - **Parliament:** Two houses: Lok Sabha and Rajya Sabha, plus the President. ### Mandal Commission Report - The Second Backward Classes Commission was appointed in 1979. - Chaired by B. P Mandal, it gave its report in 1980. - Recommended 27% reservation in government jobs for socially and educationally backward classes. - The report was discussed in parliament, but not implemented until 1990. ### Need for Political Institutions - Democracies need institutions to make and implement decisions, address disputes, and discern what is right and wrong. - Examples: - Prime Minister and Cabinet (policy decisions). - Civil servants (implementation). - Supreme Court (dispute resolution). ### Parliament - A supreme political authority in democracies. - Elected representatives from the people, either directly (parliament) or indirectly (legislative assembly). - All decisions must be debated in parliament before implementation, and passed before being implemented. ### Need for Parliament - Responsible for new laws and changing existing laws. - Parliament controls the finances, which the government is responsible for managing. - Provides a forum for discussion on public issues and national policies. ### Two Houses of Parliament - Many countries divide the role and powers of parliament into two chambers. - **Lok Sabha (House of the People):** Directly elected; exercises most power. - **Rajya Sabha (Council of States):** Indirectly elected; represents interests of states and union territories. - The President is also part of the parliament, and gives assent to all laws before they take effect. ### Special Powers of Lok Sabha over Rajya Sabha - Lok Sabha has more power in money matters. - Money Bill must be passed by Lok Sabah; Rajya Sabha can only delay for 14 days or suggest changes. - Lok Sabha controls the Council of Ministers; Prime Minister can only be appointed if they have the majority support of Lok Sabha members. ### Check Point 1 1. The President is the head of the state and highest formal authority in the country. 2. Janata Dal formed government in India in 1990. 3. Parliament is the authority for making new laws and changing existing laws in India. 4. The Rajya Sabha consists of indirectly elected members. 5. The Rajya Sabha can delay money bills for 14 days. ### Political Executive - Individuals who take day-to-day decisions but do not have supreme power on behalf of the people. - They are known as the "executive" because their role is to execute the policies of the government. ### Political and Permanent Executive - **Political Executive:** Elected by the people; make major decisions; have more power; answerable to the people. - **Permanent Executive:** Appointed for a long-term length of time; civil servants; work under the political executive; assist with day-to-day administration. ### Prime Minister - The head of the government. - Often appointed to the position by the President. - They need the support of the majority party in the Lok Sabha, but do not have a fixed tenure. ### Powers of the Prime Minister - Chooses ministers (must be members of parliament) and chairs most cabinet decisions. - Final decision-maker in settling disagreements between departments. - Oversees ministries and sets ministerial work priorities. - Can dismiss ministers; if the Prime Minister resigns, the entire ministry resigns. ### Council of Ministers - All ministers, divided by their rank. - ***Cabinet Ministers:** Top leaders responsible for major ministries. - ***Ministers of State with Independent Charge:** In charge of smaller ministries, who participate in cabinet meetings if invited. - ***Ministers of State:** Required to assist cabinet ministers. ### Appointment of Council of Ministers - President makes the appointments, following the advice of the Prime Minister. - Usually drawn from the party or coalition that has the majority in Lok Sabha. ### Cabinet Form of Government - Often the name used to describe parliamentary democracies where decision-making is done through cabinet meetings, allowing for checks and balances on the executive. ### Check Point 2 1. The Prime Minister is the head of the government. 2. Cabinet ministers are usually the top leaders of the ruling party or parties. 3. Public Interest Litigation (PIL) is when a citizen approaches the courts if their rights are being violated, or if public interest is being hurt. 4. Two-thirds members of both houses of the parliament must pass impeachment motions to remove a judge. 5. The judiciary is the guardian of Fundamental Rights. ### Intext Questions: **On Page 80** 1. **Is every Office Memorandum a major political decision? If not, what made the memorandum O.M. No. 36012/31/90-Est (SCT) dated 13th August, 1990 different?** Every Office Memorandum is not a major political decision, most are routine in nature. This specific Office Memorandum (O.M. No. 36012/31/90-EST (SCT), dated 13th August, 1990) focused on reservation for Socially and Educationally Backward Classes (SEBCs) in government services. It was different as it impacted all sections of society, not just a select few. It affected all the sections of society because till then available only to Scheduled Castes and Scheduled Tribes. Now a third category, SEBCs was introduced. Moreover, this reservation issue was a major source of controversy for several years and led to many agitations and court cases. **On Page 82** 2. **Who did what in this case of reservations for backward classes?** - **Supreme Court:** Upheld the reservations as valid - **Cabinet:** Took the decision to give 27% job reservations - **President:** Made formal announcement about the decision -**Government officials:** Implemented the decision by issuing an order **On Page 84** 3. **Which institutions are at work in the running of your school? Would it be better if one person alone took all the decisions regarding the management of your school?** Institutions in a school include the Principal's office, the school's administrative office, different departments like sports, medical room, library, and teachers. It would not be good if one person took all the decisions as it's impossible for one person to manage all aspects of school activity. One person might not be able to make the best decision for all situations, and they might make hasty decisions without fully considering the impact. **On Page 84** 4. **What is the point in having so much debate and discussion in the Parliament when we know that the view of the ruling party is going to prevail?** Parliamentary debate is important to highlight the positive and negative aspects of issues. The ruling party may take the positive points and discard the negative. It provides information to the public about the issues being debated. While the ruling party might have their view, debate could lead to new ideas and open the party up to different viewpoints. **On Page 89** 6. **Why does the textbook refer to the President as ‘she’? Have we ever had a woman President in our country?** The book refers to the president as 'she' to highlight that women can also hold the highest position in the country. India did have a woman president, Pratibha Devi Singh Patil, who served as the 12th President from July 2007 to July 2012. **On Page 90** 7. **What is better for a democracy: a Prime Minister who can do whatever he wishes or a Prime Minister who needs to consult other leaders and parties?** Neither scenario is optimal in a democracy. A Prime Minister who operates without consulting others could become authoritarian or dictatorial. On the other hand, a Prime Minister who constantly seeks approval for every decision could become ineffective in leading. The ideal approach is to combine the ability to make decisions with the need to consult and get input from other leaders and parties on important issues. **On Page 92** 8. **Why are people allowed to go to courts against the government’s decisions?** The courts serve as a check and balance on the government. Citizens can go to court to challenge the decisions of the government if they believe the decisions are against the public interest or violate the spirit of the Constitution. **On Page 92** 9. **Give one reason each to argue that Indian judiciary is independent with respect to: (a) Appointment of Judges (b) Removal of Judges (c) Powers of the Judiciary** * **Appointment of Judges:** The seniormost judges of the Supreme Court select new judges, which helps to minimize political influence and promote meritocracy in the selection process. * **Removal of Judges:** Removing a judge is a very difficult process that requires a two-thirds majority vote in both houses of parliament, a high bar which ensures that judges can't be easily removed for political reasons. * **Powers of the Judiciary:** The Constitution outlines the powers of the Judiciary and these cannot be easily diluted by Parliament or the President. The Supreme Court, in particular, has the authority to invalidate any law passed by Parliament if it finds the law goes against the Constitution. **On Page 90** 10. **After reading the example of the reservation order, three students had different reactions about the role of the judiciary. Which view, according to you, is a correct reading of the role of judiciary?** (a) Srinivas argues that since the Supreme Court agreed with the government, it is not independent. (b) Anjalah says that judiciary is independent because it could have given a verdict against the government order. The Supreme Court could direct the government to modify it. (c) Vijaya thinks that the judiciary is neither independent nor conformist, but acts as a mediator between opposing parties. The court struck a good balance between those who supported and those who opposed the order. The correct view is presented by Anjalah. The judiciary is independent and not a mediator between opposing parties. It can make decisions against the government, or order the government to change its positions. This is highlighted by the court's role in the Mandal Commission case. **On Page 90** 11. **Which of the following is NOT a part of the Indian judiciary?** (a) High Courts in the states (b) The Supreme Court (c) Village Panchayat (d) District Courts The Village Panchayat is NOT part of the Indian judiciary. The rest are all parts of the court system. **On Page 90** 12. **The decisions of which one of the following courts is binding to all other courts of the country?** (a) District Courts (b) The High Courts of the states (c) The Supreme Court (d) None of the above The decisions of the Supreme Court are binding on all other courts in India. **On Page 90** 13. **Which of the following disputes is/are taken up by the Supreme Court?** (a) Between citizens and government (b) Between two or more State Governments (c) Between governments at the Union and state level (d) All of the above The Supreme Court can hear disputes between citizens and the government, between two or more state governments, between the Union and state governments, and those between citizens of the country. **On Page 90** 14. **Which one of the following is incorrect about the Supreme Court of India?** (a) It is the highest court of appeal in civil and criminal cases. (b) It cannot take up any dispute between citizens of the country (c) It can hear appeals against the decisions of the High Courts. (d) None of the above The statement that the Supreme Court cannot take up any dispute between citizens of the country is **incorrect**. **On Page 90** 15. **Consider the following statement which delineates the powers of the Prime Minister**: (a) The Prime Minister coordinates the work of different departments and his decisions are final (b) He chairs and takes most of the decisions in the Cabinet meetings (c) All laws and major policy decisions of the government are issued on his name (d) Both (a) and (b) The statement that **both (a) and (b)** are true is correct. The Prime Minister is the head of the government and coordinates the work of different departments, making the final decision in case of conflict. They are also the chair of the Cabinet meetings, where most decisions are made. **On Page 90** 16. **Find the incorrect option**: (a) Judiciary is empowered to administer justice and provide a mechanism for the resolution of legal disputes. (b) India has an integrated or unified judiciary. (c) The High court controls the judicial administration in the country. (d) The Judiciary is not under the control of legislature or the executive. The incorrect option is **(c)**. The **Supreme Court** controls the judicial administration of the country, not the High Court. **On Page 90** 17. **Find the incorrect option**: (a) All treaties and agreements are made in the name of the Prime Minister... (b) The President is the supreme commander of the defence forces of India. (c) The Prime Minister chairs and takes most of the decisions in the Cabinet meetings. (d) The President supervises the overall functioning of all the political institutions in the country. The incorrect option is **(a)**. All treaties and agreements are made in the name of the President, not the Prime Minister. **On Page 92** 18. **Arrange the following in a correct sequence**: (i) A formal decision for implementation of the Mandal Commission. (ii) Appointment of Second Backward Classes Commission by the Government of India. (iii) Mandal Commission gave its report and recommendations. (iv) Lok Sabha elections won by Janata Dal. The correct sequence is: (ii) Appointment of the Second Backward Classes Commission by the Government of India. (iii) Mandal Commission gave its report and recommendations. (iv) Lok Sabha elections won by Janata Dal. (i) A formal decision for implementation of the Mandal Commission. **On Page 90** 19. **Match the following**: * **List I**: * **Lower Chamber** * **Upper Chamber** * **Permanent Executive** * **Political Executive** * **List II**: * **Political Leaders** * **Civil Servants** * **Lok Sabha** * **Rajya Sabha** The correct matches are: (a) Lower Chamber: Lok Sabha (b) Upper Chamber: Rajya Sabha (c) Permanent Executive: Civil Servants (d) Political Executive: Political Leaders **On Page 90** 20. **Match the Following**: * **List I**: * **Prime Minister** * **President** * **Member of Parliament** * **Member of Legislative Assemblies** * **List II**: * **Head of the State** * **Head of the Government** * **Elected members of both the houses of Parliament** * **Elected members of State Legislatures** The correct matches are: * **Prime Minister**: Head of the Government * **President:** Head of the State * **Member of Parliament**: Elected members of both the houses of Parliament. * **Member of Legislative Assemblies**: Elected members of State Legislatures. **On Page 92** 21. **What does this picture depict?** The picture shows a sign that states "No reservation for this quota" at an Amul stall. This likely refers to the protests that occurred when the reservation system was implemented, which reserved jobs for certain groups and led to a strong reaction from groups who felt they were being discriminated against. **On Page 90** 22. **The Government of India had appointed the Second Backward Classes Commission in ______.** The Government of India appointed the Second Backward Classes Commission in 1979. **On Page 90** 23. **______ became the Prime Minister after the Lok Sabha election of 1989.** V.P. Singh became Prime Minister after the Lok Sabha election of 1989. **On Page 90** 24. **______ is the highest forum of discussion and debate on public issues and national policy in any country.** Parliament is the highest forum of discussion and debate on public issues and national policy in any country. **On Page 90** 25. **______ are elected by the people for a specific period.** A political executive is elected by the people for a specific period. **On Page 90** 26. **Permanent executives are also known as ______.** Permanent executives are also known as civil servants. **On Page 90** 27. **Rajya Sabha exercises more powers in money matters or money-related laws.** This statement is incorrect. Lok Sabha exercises more power in money matters. Once the Lok Sabha passes the budget or any money-related law, the Rajya Sabha cannot reject it; they can only delay it by 14 days or suggest changes. **On Page 90** 28. **The Judiciary is under the control of the Legislature and the Executive.** This statement is incorrect. The Judiciary is independent of both the Legislature and the Executive. Judges do not act on the directions of the government or according to the wishes of the political party in power. **On Page 90** 29. **Assertion (A) The President of India is elected indirectly by an electoral college with the system of proportional representation. Reason (R) The President can never claim the kind of direct popular mandate that the Prime Minister can.** Both Assertion (A) and Reason (R) are true, but Reason (R) is not the correct explanation of Assertion (A). While both statements are true, the President is elected indirectly by the electoral college, and the Prime Minister is elected directly by the people, both are elected under the system of proportional representation. **On Page 90** 30. **Assertion (A) The Political Executive has more powers than the Permanent Executive. Reason (R) The Political Executive is elected by the people and in a democracy will of the people is supreme.** Both Assertion (A) and Reason (R) are true, and Reason (R) is the correct explanation of Assertion (A). The Political Executive, which is elected by the people, has more power because the will of the people is supreme. **On Page 90** 31. **What does SEBC stand for?** - SEBC stands for Socially and Educationally Backward Classes. **On Page 90** 32. **Which political institutions take all important policy decisions?** - The Prime Minister and the cabinet make all important policy decisions. **On Page 90** 33. **Who is the final authority for making laws in any country?** - The Parliament is the final authority for making laws in any country. **On Page 90** 34. **What is Lok Sabha?** - Lok Sabha is the lower house of the Indian Parliament. It is directly elected by the people and exercises the real power on behalf of the people. **On Page 90** 35. **In which house of the Parliament a "money bill" can be introduced?** - A money bill can only be introduced in the Lok Sabha. **On Page 90** 36. **In what ways Lok Sabha exercises supreme power over Rajya Sabha?** - Lok Sabha has more power in money matters. Once the Lok Sabha passes the budget or any money bill, the Rajya Sabha cannot reject it. Rajya Sabha can only delay it for 14 days or suggest changes. Also, if there is is disagreement between the two houses, the final decision is made in a joint session, and the Lok Sabah's view will prevail. **On Page 90** 37. **Can the Houses of the Parliament be dissolved?** - The Rajya Sabha is a permanent house and cannot be dissolved. Lok Sabha can be dissolved. **On Page 90** 38. **When does a bill become a law?** - A bill becomes a law after it is passed by both houses of parliament and receives the assent of the President. **On Page 90** 39. **How are members of the Council of Ministers appointed?** - The members of the Council of Ministers are appointed by the President on the advice of the Prime Minister. **On Page 90** 40. **Who is the highest executive authority of India?** - The President is the highest executive authority of India. **On Page 90** 1. **Explain the “Indira Sawhney and others vs Union of India case" along with its major reforms.** The Indira Sawhney and Others vs Union of India case was filed to challenge the Supreme Court's decision to implement a 27% reservation for the Socially and Educationally Backward Classes (SEBCs). The main reform was that the Supreme Court modified the original order and decided that well-to-do people from the backward classes should not be included in the reservation; the government issued an order to exclude them from getting the benefits of the reservation. **On Page 90** 2. **Lok Sabha is more powerful than Rajya Sabha"*. Analyse the statement.** * Lok Sabha controls the Council of Ministers. The Lok Sabha has more members than the Rajya Sabha, giving it a larger influence in a joint session if there's a dispute on legislation. * Once the Lok Sabha passes a budget bill, Rajya Sabha can only delay it for 14 days and suggest changes. * The Finance Bill can only originate in the Lok Sabha. **On Page 90** 3. **Distinguish between Political Executives and Permanent Executives** * **Political Executive:** Elected by the people for a specific period and answerable to the people. * **Permanent Executive:** Appointed on a long-term basis and answerable to the government. **On Page 90** 4. **Write any three constraints on the powers of the Prime Minister of a coalition government.** - The Prime Minister needs to accommodate various groups and factions within the coalition, which significantly impacts decision making. - There are potential challenges to the Prime Minister's position if the coalition partners decide to withdraw their support. - The coalition must agree on common minimum programs, which can influence the Prime Minister's ability to implement their agenda. **On Page 90** 5. **Mention any three legislative powers of the President of India.** - The President nominates 12 members to the Rajya Sabha, giving them some influence on legislative matters. - Though not a member of parliament, the president takes an active part in the legislative process by summoning joint sessions of both houses. - The President has the power to dissolve the Lok Sabha. **On Page 90** 6. **Discuss the emergency powers of the President of India.** - The President can declare three types of emergencies: national, state, and financial. * **National emergencies:** declared during war, external aggression, or armed rebellion. The President can suspend fundamental rights during a national emergency. * **State emergencies:** declared when the constitutional machinery of a state breaks down. * **Financial emergencies:** declared when the financial stability or credit of India is threatened. It can lead to the suspension of fundamental rights in a financial emergency. **On Page 90** 7. **Explain the limitations of the powers of the President.** - The President must act on the advice of the Council of Ministers: The President can ask the Council of Ministers to reconsider their advice, but if the same advice is given, they are bound to act on it—this limits their power to make autonomous decisions. - The Parliament can pass a bill back to the President: even though the President has the power to withhold assent to a bill for some time, they must sign it eventually if it passes again in Parliament. **On Page 90** 8. **Difference between the powers of the President of USA and the President of India?** - The President of the USA is directly elected by the people, while the President of India is indirectly elected by the Electoral College. - The President of the USA has complete authority to appoint their cabinet, while the President of India appoints their cabinet on the advice of the Prime Minister. - The President of the USA has the power of veto over legislation, while the President of India does not. **On Page 90** 9. **"Indian judiciary is considered one of the most powerful in the world." Give any three reasons.** - The judiciary of India is considered one of the most powerful in the world because of its independence, its high standards for judicial appointments, and its role as the guardian of fundamental rights. The judiciary is independent of the legislature and executive branches, ensuring it can exercise its powers independently. - The judiciary is very powerful as it has the authority to review any law passed by parliament and strike down any that are found unconstitutional. - The judiciary operates with high standards for appointments, and its decisions are considered binding across the country. **On Page 90** 10. **(a) Name the institution where disputes between citizens and the government are finally settled.** - Disputes between citizens and the government are finally settled in the Supreme Court. **On Page 90** 11. **(b) India has an integrated Judiciary. What does this statement mean?** - India has a unified judiciary under the control of the Supreme Court, which means that its decisions are binding on all other courts in the country. It also means that it can regulate and control judicial administration across the country. **On Page 90** 12. **Describe any three jurisdiction powers of the Supreme Court in India.** - The Supreme Court has **advisory jurisdiction**,** appellate jurisdiction**, and **original jurisdiction**. - **Advisory jurisdiction:** means that the Supreme Court can advise the President on any matter of legal or public importance. - **Appellate jurisdiction:** means that the Supreme Court can hear appeals against the decisions of lower courts. - **Original jurisdiction** means that the Supreme Court can hear cases involving disputes between the government of India and States, disputes between two or more States, and disputes between the government on one side and one or more States on the other side. **On Page 90** 13. **The President of India is referred to as a "nominal head of the state." Illustrate.** - The President of India is referred to as a nominal head of state due to the fact that India adheres to a parliamentary system of government, where the real power lies with the Prime Minister and Council of Ministers. The President does not have any real power in the executive branch except that they can summon Parliament and provide their assent to legislation. **On Page 90** 14. **The President of the USA has the power of the "veto." Justify the statement.** - In the US, the President has the power of veto, which means they can stop a bill from becoming a law. Although the Congress makes laws, the President can send the bill back to the Congress for reconsideration or reject it outright. **On Page 90** 15. **Do you think the US President is more powerful than India’s President? Give reasons.** - Yes, in the US, the President is considered more powerful than the President of India. The US president holds a stronger, more independent, position. They are directly elected by the people and have more power because they are both the head of state and the head of government. In contrast, the President of India is the head of state but does not have the same level of executive power as the Prime Minister. **On Page 90** 1. **Why was the Mandal Commission Set-up? What did it recommend to the government?** The Mandal commission was formed in 1979 to identify the socially and educationally backward classes (SEBCs) and make recommendations on how to advance their well-being. Its report, issued in 1980, recommended that the government reserve 27% of jobs in both government and government-funded sectors to SEBCs. The report also advocated for more social and educational development programs to support SEBCs. **On Page 90** 2. **Why is there a need for political institutions?** - Political institutions are essential for a democracy to function properly. They ensure that: - Decisions are made and implemented in an orderly manner. - Disputes and conflicts are resolved fairly. - The rights of the people are protected. - The government is held accountable for its actions. **On Page 90** 3. **Explain the major powers and functions of the Parliament.** - The Parliament plays a key role in decision-making in a democracy. It holds considerable power. - **Law-Making Power:** Parliament is the final authority on making laws and it can create new laws and amend existing laws. The Parliament has a strong influence over the government's budget and finances. - **Control over the Government:** Parliament can remove the government if it loses confidence in the Prime Minister and cabinet by passing a no-confidence motion. - **Discussion and Debate:** The Parliament serves as a platform for discussion and debate on important public issues and national policies. It also provides a forum for the people to express their opinions on government policies. - **Selection of Key Officials:** The Parliament elects important national leaders, including the President, Vice-President, the Speaker, and the Deputy Speaker. **On Page 90** 4. **Give three differences between the Lok Sabha and the Rajya Sabha.** - **Electoral Method:** Lok Sabha members are directly elected by the people, while Rajya Sabha members are indirectly elected. - **Tenure:** Lok Sabha has a fixed tenure of 5 years and can be dissolved. Rajya Sabha has a fixed tenure of 6 years and cannot be dissolved. - **Powers:** Lok Sabha is the more powerful chamber. It can introduce and pass money bills, while Rajya Sabha can only delay them and suggest changes. **On Page 90** 5. **"The Prime Minister is the head of the government." Justify the statement.** - The Prime Minister is the head of the government in India. Here's why: - **Decision-Making:** The Prime Minister has a key role in making decisions, both as the head of the Cabinet and in their individual capacity. - **Leadership:** The Prime Minister is the leader of the majority party in Lok Sabha, giving them considerable power. They choose the members of the Council of Ministers and oversee how their ministries function. - **Accountability:** The Prime Minister is accountable to the Lok Sabha and can be removed if they lose the confidence of the majority of the members. **On Page 90** 6. **Who appoints the Council of Ministers and who can be included in it?** - The Council of Ministers is appointed by the President of India on the advice of the Prime Minister. - The Council of Ministers often includes members from the party or coalition that has a majority in the Lok Sabha.. - The Council of Ministers is divided into three groups: - **Cabinet Ministers:** These are usually top leaders of the ruling party and are in charge of major ministries. - **Ministers of State with Independent Charge:** They are in charge of smaller ministries and only participate in Cabinet meetings when invited. - **Ministers of State:** They assist Cabinet Ministers. - The Council of Ministers as a whole is collectively responsible to the Lok Sabha. **On Page 92** 7. **Describe the powers of the Supreme Court.** - The Supreme Court is the highest court in India and has significant power. It can: - **Hear cases involving disputes** between citizens and the government, citizens and citizens, state governments and the government, and between two or more states.. - **Hear appeals against the decisions** of the High Courts, making it the highest court of appeal for all cases of both civil and criminal law. - **Provide advisory opinions to the president** on any legal or constitutional matter. - **Provide interpretations of the constitution.** - **Act as the guardian** of the fundamental rights enshrined in the Constitution. The Supreme Court has the power to review any law or government action and strike down anything that is found to be unconstitutional. **On Page 92** 8. **Read the extract and answer the following questions.** * **(i)** **Why is the Indian judiciary considered one of the most powerful in the world?** Indian judiciary is considered one of the most powerful in the world due to several reasons: - **Independence:** The Indian judiciary is independent of the executive and legislative branches. This ensures that judges can operate without being influenced by the political power. - **High Standards of Appointment:** The Indian Constitution has laid down very high standards for the appointment of judges. This ensures the quality and integrity of the judiciary. - **Judicial Review:** The Supreme Court has the power of judicial review, allowing it to strike down any law or government action that it deems unconstitutional. This power ensures the supremacy of the Constitution and protects the fundamental rights of citizens. * **(ii)** **How has the Indian Constitution ensured the independence of Judiciary? Give reasons.** The Indian constitution ensures the independence of the judiciary in a variety of ways, including: - No interference in judicial appointments: The appointment of judges is done by the President in consultation with the Prime Minister and the Chief Justice of India, based on merit and seniority rather than political influence. - Rigorous Removal Process: Removing judges is very difficult, requiring a two-thirds majority vote in both houses of Parliament. This ensures that judges cannot be removed easily for political reasons, allowing them to act independently and based on legal principles. - Protection of Judicial Power: The Constitution explicitly outlines the powers of the judiciary and safeguards them from being undermined by other branches of government. It ensures that the judiciary can function without being subjected to undue pressure. * **(iii)** **Indian Judiciary enjoys a high level of confidence among the people. Give reasons.** The Indian judiciary has a high level of confidence among the people due to: - **Protection of Fundamental Rights:** The judiciary is the guardian of the fundamental rights of the people, making it an assurance of their protection. Citizens can approach the courts if they believe their rights have been violated. - **Independent and Impartial:** People trust that the judiciary is independent and impartial, free from undue influence by the government. This gives them confidence that the judiciary acts fairly and without fear of political pressure. - **Public Interest Litigation (PIL):** PIL allows anyone to bring matters of public interest before the courts, giving people an effective avenue to seek redress for issues they believe are affecting the larger society. **On Page 92** 9. **Which of the following option is incorrect?** (a) Parliament is the final authority for making laws and controls all the money that government have. (b) Executive is responsible to the Judiciary. (c) The President is the nominal executive head of the state bound to act on the