SUNSHIELD CLASSES
All progress, change, and Success is based on a foundation at convenience
1. DEMOCRACY IN THE CONTEMPORARY WORLD
Terms to Remember
1
2
3
4
5
6
7
8
Coalition: An alliance of people, associations, parties or nations. This alliance
may be temporary or a matter of convenience.
Communist state: A state governed by communist party without allowing other
parties to compete for power. The state controls all the big property and industry.
Coup: A coup d’etat (pronounced ku de’ ta) or simply a coup, is the sudden
overthrow of a government illegally. It may or may not be violent in nature. The
term is French for a sudden blow or strike to a state.
Decolonisation: It means to give political independence to a country that was
formly a colony.
Felony: The act of committing a serious crime such as murder.
Solidarity: A new trade union of workers in Poland.
Trade Union: An association of workers for the purpose of maintaining or
improving the conditions of their employment.
Treason: The crime of doing something that could cause danger to your country,
such as helping its enemies during a war.
1.1(a) Two Tales of Democracy
CHILE
Located in South America. Capital of Chile is Santiago, Salvador Allende was the
elected President of the Chile in 1970 and he became the first democratically
chosen Marxist. He had taken various steps to help poor workers, reformed the
educational system and re-distributed the land to farmers. He was opposed by the
foreign investers in Chile because he wanted to end the domination of foreign
capital in Chile. On 11th September 1973 a military coup was held under the
leadership of general Augusto Punochet. Allende was arrested and asked to resign.
When he refused this proposal his presidential house was bombarded and he was
killed. Augusto ruled Chile for neat 17 years and his regine ended on 11th March
1990.
POLAND
Located in the European continent. Capital of Poland in Warsaw. It is a
communist country. A communist state is a state governed by communist party
without allowing other parties to compete for power. The state controls all the big
property and industry. In 1980 Poland was governed. by Polish United Workers
Party and no one was allowed to oppose the party. The government in Poland was
supported and controlled by the government of U.S.S.R., which was a powerful
communist state. In 1980, the workers of Lenin shipyard in the city of Yanask
went on strike and Lech Wales a was the leader of this strike. They demanded
right to form Independent Trade Union, abolition of press censorship and release
of political prisoners. Agreement was signed between government and Lech
Walesq on 31st August 1980. The elections were held in 1909 and solidarity won 91
seats outs of 100. Lech Walesa became the 1st popularly elected president of
Poland.
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1.1(b) Differences and similarities between non democratic governments
of Chile and Poland
(i)
(ii)
Chile was ruled by a military dictator, while Poland was ruled by a political party.
Government of Poland claimed to rule on behalf of the working classes while
Pinochet favored big capitalists.
Similarities between their Government
(i)
(ii)
The people could not choose or change their rulers.
There was no real freedom to express opinions, form political associations and
organize protest.
1.1(c)
Basic features shared by the democratic governments established
in Chile and Poland
(i)
(ii)
Power was exercised by governments elected by the people and not by the army.
People enjoyed some basic political freedom.
1.2
The Changing Map of Democracy
(i)
(ii)
Democracy has expanded throughout the 20th C.
Democracy did not spread evenly in all parts of the world. It was established first
in some regions and then spread to other regions.
Some countries that were democratic between 1900 – 1950 India, Pakistan,
Sri Lanka, Australia, Egypt.
Some countries that were democratic in 1950 – 1975 Belguim, Argentina,
Colombia, Guyana.
Some countries that became democratic after 1975. Brazil, Bolivia, Rio de Janeiro.
Some countries that were not democratic in 2000. China, Pakistan, Myanmar,
Peru and many countries in Africa
(a)
(b)
(c)
(d)
1.3
(i)
(ii)
1.3(a)
(i)
(ii)
(iii)
(a)
(b)
Democracy
Democracy is a form of government that allows, people to choose their rulers. In a
democracy.
Only leader elected by people should rule the country, and
People have the freedom to express views, freedom to organize and freedom to
protest.
Phases is the expansion of Democracy
Story of democracy began in 1789 after the French Revolution:
New Zealand was the first country to adopt universal adult franchise in 1893.
Britain granted it in 1928. USA adopted a democratic constitution in 1787 but
universal adult franchise was adopted in 1965.
End of colonialism and democracy: The end of colonialism gave a big boost to
the democracy. Many new independent countries became democratic after the
Second World War in 1945. Many of them failed and dictatorship was established.
Recent Phase: The period after 1980 witnessed to fast emergence of democracies
in different parts of the world.
Democracy was revived in several countries of Latin America.
Soviet Union disintegrated in 1991. As a result. Soviet influence over the former
east European countries vanished; they changed themselves into democracies. The
former 15 Republics of the USSR got independent and opted for democracy.
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1.3(b) India’s Neighbours
In India’s neighborhood, countries like Pakistan, Bangladesh and Nepal made a
transition to democracy. Besides the aspirations of the local people in all these
countries, a major reason for expansion of democracy was the open support
extended by the USA to such demands. However these changes were not
permanent in Pakistan, Military overturned the democratically elected
government. Myanmar is also fighting for democracy. In 2005, King of Nepal took
all the power but was forced to estblishe democracy in 2006.
“The next big push towards democracy came after 1980.”
1.3(c)
Struggle of the people of Myanmar to establish a democratic
government
(i)
Myanmar gained freedom from colonial rule in 1948 and became a democracy. But
the democratic rule ended in 1962 with a military coup.
In 1990 elections were held for the first time after almost 30 years. The National
League for Democracy. Led by Aung San Suu Kyi won the election.
The military leaders of Myanmar refused to step down and did not ecognize the
election result. Instead, the military put the elected pro-democracy leaders,
including Suu Kyi, under house arrest. Political activists accused of even the most
trivial offences been jailed.
Anyone caught publicly airing views or issuing statements critical of the regime
can be sentenced up to twenty years in prison.
Due to the coercive policies of the military-ruled government in Myanmar, about 6
to 10 lakh people in that country have been uprooted from their homes and have
taken shelter elsewhere.
Despite being under house arrest, Suu Kyi continued to campaign for democracy.
Her struggle has won international recognition. She has also been awarded the
Noble Peace prize. Yet the people in Myanmar are still struggling the establish
democratic government in their country.
(ii)
(iii)
(iv)
(v)
(vi)
1.3(d) Story of Iraq
Iraq became independent from British Rule in 1932. Since 1968, it was ruled by
Arab Socialist Bath Party. In 1979, Saddam Hussein became the president of Iraq.
After becoming the president, Saddam ran a dictatorial government and
suppressed any dissent or opposition to his rule. He was known to have got a
number of political opponents killed and person of ethnic minorities massacred.
The US and its allies like Britain, alleged that Iraq possessed secret nuclear
weapons and other ‘weapons of mass destruction’ which posed a big threat to the
world. But when a UN team went to Iraq to search for such weapons, it did not
find any. Still the US and its allies invaded Iraq, occupied, it and removed Saddam
Hussein from power in 2003. The US installed an interim government of its
preference. The war against Iraq was not authorized by the UN Security Council.
Kofi Annan, the UN Secretary general, said that the US war on Iraq was illegal.
After the war, it is being argued that it was important to end the dictatorial rule of
Hussein and set up a democratic government in that country.
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1.4
Difficulties People face in a Non-Democratic Country:
(i)
Non-responsible Government: Non-democratic Governments are not
answerable to the people or any other institution. It can do as it wishes and no one
can question it. Pinocheti’s government in Chile tortured and killed several
citizens who wanted democracy to be restored. More than 3000 people were killed
by the military.
Non-Sovereign: Most of the non-democratic governments are non-sovereign. The
Government of Pinochet, who became the President of Chile through military
coup, was totally dependent of USA for its foreign policy.
No political party or single party: Another major problem for the people of
non-democratic countries is that they have little choice. In Poland only Polish
United Worker’s Party was allowed to function. Those who spoke against the
leaders or the party were put in prison.
No-Freedom: People of non-democratic government don’t enjoy basic freedoms
like freedom of speech, freedom to move freely, freedom to form unlons or
associations etc. When in Poland Solidarity started exposing widespread
corruption in the government, thousands of Solidarity members were put in
prison.
(ii)
(iii)
(iv)
1.5
Freedom which are usually taken away when a democracy is
overthrown by the military
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Freedom to move freely.
Freedom of speech and expression.
Freedom to assemble peacefully.
Freedom to form unions and associations.
Freedom of religion.
Freedom of equality before law.
1.6
United Nations
The UN is a global association of nations of the world to help cooperation in
international law, security, economic development and social equity. The UN
Secretary General is its chief administrative officer.
General Assembly: 193 countries form the membership of General Assembly,
also know as world parliament. Every member country sends five representatives
but is allowed only one vote. Its headquarters are located in New York.
Security Council: Most important organ of UN. Has 15 members-Five
permanent (Britain, Russia, China, America and France) and 10 Non-permanent
members elected for two years each. Permanent members enjoy Vito power.
Security Council can impose trade sanctions on the warring countries and can take
military action against them.
Economic and Social Council: Economic and Social Council consist fo 54
members and they are elected by the General Assembly for a period of three years.
This council is mainly responsible for solving economic and social problems of the
world.
Trusteeship Council: Trusteeship Council is responsible for supervising the
administration of trust territories. The Trusteeship Council consists of an equal
number of administrating and non-administrating powers.
International Court of Justice: It consists of fifteen judges who are elected by
the General Assembly on the recommendations of the Security Council for Nine
years. International Court of Justice decides the cases between the states.
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Secretariat: Secretariat comprises a Secretary General and such staff as the
organization may require. Secretary General is the chief Administrative Officer of
the Secretariat.
1.7
Is the UNO a democratic organization
(iv)
No, UNO is not working democratically.
There are 193 members of the General Assembly and each member has one vote
but the General Assembly cannot take any decision when there is a conflict
between different countries.
The five permanent members of the Security Council have the veto power.
Countries like India, which is one of most powerful democracy of the world, have
no say in the Security Council.
The Security Council is dominated by the big powers like Russia and USA.
1.8
Is the Internationl monetary fund a democractic organization
(i)
(ii)
(iii)
(i)
(ii)
(iii)
(iv)
(v)
1.9
No, IMF is not working democratically.
International Monetary Fund is one of the biggest moneylenders for any country in
the world.
Its 173 member states do not have equal voting rights.
The vote of each country is weighed by how much money it has contributed to the
IMF.
Nearly half of the voting power in the IMF is in the hands of only seven countries
(US, Japan, France, UK, Saudi Arabia, China and Russia)
The remaining 166 countries have very little say in how this international
organization takes decisions.
World Bank
World Bank also has a similar system of voting. The President of World Bank has
always been a citizen of the US, conventionally nominated by the Treasury
secretary of the US government.
Q.
A.
What is Universal Adult Franchise?
Right to vote, to choose the government granted universally to all adults-men or
women, rich or poor, black or white are called “Universal adult franchise”. By 1900
New Zealand was the only country where every adult had voting right (In 1893, it
got the right).
Q.
A.
Why was there a push towards democracy after 1980?
Soviet Union controlled many of its neighboring communist countries in Eastern
Europe. The disintegration of Soviet Union revived democracy. It broke down in 1991
into 15 republics. Most of them became democracies. Poland and several other
countries became free from the control of Soviet Union. By 2005 about 140 countries
were holding multiparty elections.
Q.
A.
Which is the country where people still cannot choose their representatives?
Myanmar is one such country where people cannot express their opinion freely, they
cannot elect their leaders and cannot take decision abut their present and further life. It
became free from colonial rule and became a democracy in 1948, but the democratic
rule ended in 1962 with a military coup. In 1990 elections were held for the first time,
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but the military leader refused to step down and did not recognize the election result
Suu Kyi won the election [National league for Democracy was the party led by Suu
Kyi] but she along with other elected leaders were arrested, and people are still
struggling to establish a democratic government in their country.
Q.
A.
1
2
3
Q.
A.

Q.
A.
Which are the organizations in the world that perform partially the functions of a
world government?
United Nations – It has 192 members and all the member countries have one
vote in U.N. General Assembly. All the discussions takes place here. But the
General Assembly cannot take any decision about what action should be taken in a
conflict between different countries. The 15 member Security Council of the U.N.
takes such decisions. The Council has five permanent members- U.S.A., Russia,
U.K., France and China. The real power is with five permanent members. Each
permanent member has veto power. In a democracy all the ministers have the
power to stop the decision of the entire parliament, in this way U.N. is not a
democratic organization.
I.M.F. – is one of the biggest money lenders for any country in the world. It has
173 members but all member states do not have equal voting rights. The vote of
each country is weighed by how much money it has contributed to I.M.F. Nearly
half of the voting powers are with 7 countries – U.S.A., U.K., France, Russia,
China, Japan and Saudi Arabia.
World Bank- The President of the World Bank has always been a citizen of the
U.S. nominated conventionally by Finance Minister of U.S.A.
Are these global institutions becoming more democratic than before?
While the nations are becoming more democratic than they were earlier,
international organizations are becoming less democratic. Previously there were
two big powers in the world the US and the Soviet Union. The competition and
conflict between these two big powers and their allies kept a balance in all the
global organizations. After the collapse of the Soviet Union, The U.S. appears to be
the super power in the world. This American dominance affects the working of
international organizations.
Wolfowitz was the senior official in the department of Defence in the U.S.
(Commonly called Pentagon). He was a supporter of the invasion of Iraq.
U.S.A. has taken on the task of democracy promotion in the rest of the world. They
say that existing democracies should directly intervene in countries that are nondemocratic. Write a short note on armed attack of U.S. on non-democratic Iraq?
Iraq became independent from British rule in 1932. Since 1968 it was ruled by
Saddam Hussein leader of Arab Socialist Ba’th Party. He played a key role in
the1968 coup that brought the party to power. After becoming the President of
Iraq in 1979, he ran a dictatorial government. He was known to have got a number
of political opponents killed a people of minorities massacred.
The U.S. and its allies like Britain alleged that Iraq possessed secret nuclear
weapons and other weapons of mass destruction. U.N. Security Council was
against the war still the U.S. and its allies invaded Iraq, occupied it and removed
Saddam Hussein from power in 2003. The U.S. installed an interim government of
its preference.
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2. WHAT IS DEMOCRACY? WHY DEMOCRACY?
Terms to Remember
1
Civil liberty: The right of citizens to be free to say or do what they want while
respecting others and staying within the law.
Consensus: A general agreement among various factions of people about a
subject.
Dictator: A ruler who has absolute power over his country.
Monarchy: A system of government ruled by hereditary king or queen.
Rule of law: The condition in which all people accept the supremacy or authority
of law.
2
3
4
5
2.1
Democracy
The word ‘Democracy’ has been derived from a Greek word ‘ Demokratia’, ‘Demos’
means people and ‘Kratia’ means rule. So, democracy is the rule by the people.
2.1(a) Common Feature of
1
2
Democratic government
Non-democratic government
1
(i)
(ii)
(iii)
Democratic government
Government formed by people’s representatives.
Representatives are elected in a free and fair election.
Different decisions of the government are taken in an open manner; debate in
media, invitation to experts opinion, representations by the common man form a
part of decision making process.
Citizens have a right to oppose and criticize any government action and policy.
Citizens have a right or protest, as long as the mode of protest is within the
boundaries of law.
(iv)
(v)
2
(i)
(ii)
(iii)
(iv)
(v)
Non-democratic government
Rule by force, by a person or by a group of persons.
No opposition is permitted.
No criticism of government views of the rulers is tolerated.
Citizens have no rights.
Citizens cannot resort to any method of protest.
2.2
Major features of Democratic Governments
2.2(a)
In a democracy the final decision making power must rest with those
elected by the people
A democratic government is one in which the people’s representatives participate
in decision making process. They own a collective responsibility for all the decision
taken by the government. There are example where representatives of people are
chosen; but they are not allowed to participate in decision making process. This
happens in many dictatorships and monarchies, e.g. currently in Pakistan under
General Musharraf. They formally have an elected parliament and government
but the real power is with those who are not elected. Notwithstanding the
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existence of elected national and provincial assemblies, these countries can not be
classified as a democratic country.
2.2(b) A democracy must be based on a free and fair election
(1)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
The essence of democracy is that the rulers must be truly people’s representatives.
In order to choose these representatives, a system of elections is put in order. Now,
an election could have some meaning and significance only if it has been held in a
free and fair manner.
A free election is one in which every person has an equal right to vote and to vote
without fear and threat. He exercises his choice in a judicious manner. A fair
election is one in which those persons who are currently in power have a fair
chance of losing. If the election process is rigged and manipulated in such a
manner that the result is a foregone conclusion, it does not constitute a fair
election.
“In China, elections are regularly held after 5 years for electing the country’s
parliament, but still it cannot be called a democratic country”.
In China, elections are regularly held after five years for electing the Country’s
parliament, called Quanguo Renmin Daibiao Dahul (National People’s Congress)
The National People’s Congress has the power to appoint the President of the
country.
It has nearly 3000 members elected from all over China. Some members are
elected by the army.
Before contesting elections, a candidate needs the approval of the Chinese
Communist Party.
Only those who are members of the Chinese Communist Party or eight smaller
parties allied to it were allowed to contest elections held in 2002 – 03.
The government is always formed by the Communist Party.
(2)
“Since its independence in 1930, Mexico holds elections after every six years to
elect its president. The country has never been under a military or dictator’s rule.
But still it cannot be called democratic country.” Free and fair election is the basic
feature of democracy but in Mexico this is not so:
In Mexico until 2000, every election was won by party called PRI (Institutional
Revolutionary Party). Opposition parties did contest elections, but never managed
to win. The PRI was known to use many dirty tricks to win elections. All those who
were employed in government offices had to attend its party meetings. Teachers of
government schools used to force parents to vote for the PRI. Media largely
ignored the activities of opposition political parties except to criticize them.
Sometimes the polling booths were shifted from one place to another in the last
minute, which made it difficult for people to cast their votes. The PRI spent a large
sum of money in the campaign for its candidates.
2.3(c)
In a Democracy, Each Adult Citizen Must Have One Vote and Each
Vote Must Have One value
A true democracy grants its citizens what is called “universal adult franchise”. It
means all the adults have a right to vote without any discrimination based on sex,
colour, race, caste or class. Each person can caste one vote; all votes are counted;
the person who gets the maximum number of votes gets elected in many countries,
this is not how the system works. There are many instances of denial of equal
right to vote:
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(i)
(ii)
(iii)
In Saudi Arabia women do not have the right to vote.
Estonia has made its citizenship rules in such a way that people belonging to
Russian minority find it difficult to get the right to vote.
In Fiji, the electoral system is such that the vote of an indigenous Fiji has more
value than that of an India-Fijian.
2.2(d) Rule of law and Respect for Right
The state should respect some basic rights of the citizen. They should be free to
think, to have opinions, to express these in public, to form associations, to protest.
Everyone should be equal in the eyes of law. There should be independent
judiciary whose orders are obeyed by everyone. A democratic government rules
within limits set by constitutional law and citizens rights.
2.3
Why Democracy?
2.3(a) Arguments in support of democracy
(i)
(ii)
(iii)
(iv)
(v)
(vi)
A democratic government is better government because it is a more accountable
form of government.
Democracy improves the quality of decision – making.
Democracy provides a method to deal with differences and conflicts.
Democracy enhances the dignity of citizens.
Democracy is better than other forms of government because it allows us to correct
its own mistakes.
Democracy is considered the best form of government.
2.3(b) Arguments against the democracy
(i)
(ii)
(iii)
(iv)
(v)
(vi)
2.4
(i)
(ii)
2.5
Leaders keep changing in a democracy. This leads to instability.
Democracy is all about political competition and power play. There is no scope for
morality.
So many people have to be consulted in a democracy that it leads to delays.
Elected leaders do not know the best interest of the people. It leads to bad
decisions.
Democracy leads to corruption for it is based on electoral competition.
Ordinary people do not know what is good for them; they should not decide
anything.
Representative Democracy, its Importance
A representative democracy is one in which people elect their representative to
legislatures. These representatives in turn form the government and govern. In
this type of democracy, a majority is allowed to take decisions on behalf of al the
people.
Modern democracies involve such a large number of people that it is physically
impossible for them to sit together and take a collective decision.
Even if they could, the citizen does not have the time, the desire or the skills to
take part in all the decisions.
Nominal Democracy and Ideal Democracy
A nominal democracy, as we normally use the term, refers to a system of
governance which is run by the people’s elected representatives.
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An ideal democracy is a broader concept. An ideal democracy is a system in which
every citizen must be able to play equal role in decision making. For this one does
not need just equal right to vote. Every citizen needs to have equal information,
basic education, equal resources and a lot of commitment. There may not be any
country in the world which passes this test of democracy. Yet an understanding of
democracy as an ideal reminds us of why we value democracy.
Q.A.(i)
(ii)
(iii)
(iv)
(v)
Q.



What is Democracy?
Democracy is a form of government in which the rulers are elected by the people.
Rulers elected by the people take all the major decisions.
Elections offer a choice and fair opportunity to the people to change the current
rulers.
Each adult citizen has one vote with each vote has one value.
Government rules within limits set by constitutional law and citizen’s right.
PAKISTAN should not be called a democracy. Why?
In oct 1999, General Parvez Musharraf overthrew the democratically elected govt.
and declared himself “CHIEF EXECUTIVE” of the country.
In 2002 he held a referendum that granted him a 5 yrs extension It was based on
malpractices and fraud.
In 2002 he issued “LEGAL FRAMEWORK ORDER”  according to this order,
the President can dismiss the national or provincial assemblies.
The work of civilian cabinet is supervised by a National Security Council which is
dominated by military officers. Final Powers rest with general Musharraf.
Q.
A.
Which is the only party in Mexico that always won the elections? How
PRI (Institutional Revolutionary Party), is the party who won every elections in
Mexico. It was known to use many dirty tricks to win elections, Media largely
ignored the activities of opposition parties, Sometimes polling booths were
shifted in the last minute. It spent large sum of money in the campaign.
Q.
A.
(i)
(ii)
How do elections in Saudi Arabia, Fiji and Estonia go against democracy?
(iii)
In Saudi Arabia women do not have the right to vote.
In Estonia people belonging to Russian minority find it difficult to get the right to
vote
In Fiji, Vote of native Fiji has more value than that of an Indian-Fijian.
Difference between democratic form of government and dictatorship
Democratic
Dictatorship
1 In this government the ultimate power It is a government of one man or a group
lies in the hands of the peoples and they of people who have used power by force.
play a very important role in the
governing process
2 In this people have the right to change A dictator can only be removed by
the government through elections
violence or by military coup.
3 People enjoy freedom of speech and Do not enjoy freedom of speech and
impression.
impression
4 Right to free and fair elections
No right to free and fair elections
5 Provides equal opportunities to all its Do not provide equal opportunities
cities
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Q.
A.
Q.
A.
(i)
(ii)
(iii)
Q.
A.
(i)
(ii)
(iii)
Q.
A.
(1)
(2)
(3)
(4)
(5)
(6)
Q.
A.
(i)
“A democratic government rules within limits set by constitutional law and
citizen’s right”. Explain.
A democratic government cannot act as it likes, simply because it has won the
election because it has won the election. It has to adhere and respect certain basic
rules and principles. It has to respect some guarantees to the minorities. Every
major decision has to go through a series of consultations. Every government
official has certain rights as well as responsibilities assigned by the constitution
and the law of the land. Each of these is answerable to the people and to other
independent officials.
“Democracy improves the quality of decision making’. How?
Democracy certainly improves the quality of dicision – making in contrast to nondemocratic government because:
It is based on consultation and discussion. A democratic dicision always involves
many persons, discussions and meetings.
When a number of people put their head together, they are able to point out
possible mistakes in any decision. This takes time. But there is a big advantage in
taking time over important dicisions.
This reduces the chances of rash or irresponsible decisions.
‘Democracy enhances the dignity of citizens’. Elaborate?
Democracy is based on the principle of equality on recognizing that the poorest
and the least educated has the same status as the rich and the educated.
In a democracy, people are not subjects of a ruler. They are rulers themselves.
Even when people make mistakes, they are responsible for their conduct.
What arguments are put forth against democracy?
Instability: In democracy leaders and political parties keep changing. Floorcrossing is another feature of democracy. This leads to political instability.
Low morality: Democracy is all about political competition and power play. There
is no scope for morality.
Delay in decision making: All the decisions are to be approved and discussed in
the parliament and many people and institutions are to be consulted. So it leads to
delay in decision-making.
Bad decisions: Elected leaders do not know the best interests of the people. It
leads to bad decision.
Corruption: Democracy leads to corruption since it is based on electoral
competition. Money and muscle power, wine and women play a considerable role to
decide the fate of the candidates.
Illiterate, ignorant and politically unconscious voters: In most of the
developing countries voters are illiterate and politically unconscious so they elect
wrong and dishonest, candidates with criminal background. Sometimes votes are
cast on caste, region, language lines which is a negation of democracy.
Why would you prefer democracy than any other form of the government?
Democracy is certainly better than any other form of government because it
represents the needs of the people and tries to fulfil their hopes and aspirations. It
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(ii)
(iii)
(iv)
(v)
is not a hand-maiden of the dictator or the military ruler. It is by the people and
for the people. It is also accountable to the people.
This is based on persuasion, consultation, debate and discussion. As such good
decisions are taken in democracy and mistakes are corrected in time. It also
improves the quality of the decision making.
It provides peaceful solution to every problem with consensus. It can successfully
deal with differences and conflicts. It suits the best to countries like India with
diversity of cultures, religions, castes, creeds, languages and regions. Debates,
discussions, exchange of views and interaction with different people leads to
peaceful solution or every problem keeping intact the unity, integrity and
sovereignty of the country.
It is based on political equality which ensures equal rights both for the rich and
the poor, low and the high, educated and uneducated. As such, it enhances the
dignity and respect of all the people.
It is only in a democratic set-up of government that mistakes are acknowledged
and all attempts are made to correct these mistakes. In democracy, therefore,
there is a space and room for correction.
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3. CONSTITUTIONAL DESIGN
Terms to Remember
1
Constituent Assembly: An assembly of people’s representatives that writes a
constitution for a country.
Constitutional amemdement: A change in the constitution made by the
supreme legislative body in a country.
Raibow nation: Refers to South Africa where a political alliance of different
groups, especially one comprising minorities (whites) and other disadvantaged
groups (comprising blacks) was struck when the country attained its Independece.
Reservation policy: The policy of keeping a fixed number of jobes or places in
schools, colleges, parliament, state assemblies, etc, for people who are members of
Scheduled Castes, Scheduled Triles or other Backward Classes (OBC).
2
3
4
3.1
Constitution
A constitution is a body of laws through which a country is governed. It
determines and specifies the rights of citizens, the powers of the government and
how the government should function. It is also the source of power and authority of
the government. It defines the relation between the different organs of government
and citizens.
Importance of Constitution
Constitution of a country is a set of written rules that are accepted by all the
people living together in a country. A constitution does many things.
It generates a degree of trust and coordination that is necessary for different kind
of people to live together.
It specifies how the government will be constituted, who will have power to take
which decisions.
It lays down limits on the powers of the government and tells us what the rights of
the citizens are.
It expresses the aspirations of the people about creating a good society.
1
2
3
4
3.2
Democratic constitution in South Africa
3.2(a) Apartheid: It was a policy of racial separation and ill treatment of blacks
(i)
(ii)
(iii)
(iv)
(v)
followed by the government of South Africa between 1948 and 1989. Many
restrictions were imposed on the blacks who formed more than 80% of the
population of South Africa.. Under the policy blacks of South Africa were
discriminated from white on the basis of race and colour of the skin.
Each group had to live in a separate area.
There were separate schools, hospitals, hotels, clubs, trains, buses, taxis, cinema
halls, public toilets, shopping centers for the whites and the blacks.
Marriages between whites and blacks was criminal offence.
Non white had no votes, no participation in the government, no human rights.
There were restrictions on movements from one area to another.
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3.2(b) Struggle against Apartheid
Since 1950, the blacks coloured and Indains fought against the apartheid system.
The African National Congress (ANC), led the struggle against the policy of
segregation. Many workers unions and the Communist party also joined this
struggle.
Many sensitive whites also joined the ANC to oppose apartheid
Several countries denounced apartheid as unjust and racist. But the white racist
government continued to rule by torturing and killing thousands of black and
coloured people.
-
3.2(c)
Efforts of Nelson Mandela
Nelson Mandela was tried for treason by the white South African government. He
along with seven other persons were sentenced to life unprisonment in 1964 for
daring to oppose the apartheid regime.
After his release he worked to build a new South Africa based on equality of all
races and men and women on democratic values, socialjustice and human rights
As the protest and struggles against apartheid increased, the government realized
that they could no longer keep the blacks under their rule through repression and
on 26th April 1994 South Africa became democratic.
3.3
(i)
(ii)
(iii)
(iv)
(v)
(vi)
3.4
1
2
3
4
5
Towards a new constitution
At the midnight of 26 April 1994, the apartheid government came to an end. Nelso
Mandela became the first president of this New South Africa. He appealed to
fellow blacks to forgive the whites and build a new South Africa based on equality,
on democratic values, social justice and human rights. After two years of
discussion, they came out with one of the finest constitution the world has ever
had
Under the changed scenario, both the oppressors (whites) and the oppressed
(blacks) were planning to live together as equals. They had their fears. So to build
bridges and safeguard their interests they felt the need of a written constitution.
The black majority was keen to ensure that the democratic principle of majority
rule was not compromised. They wanted substantial social and economic rights.
The white agreed to the principle of majority rule and that of one person vote.
They also agreed to accept some basic rights for the poor and the workers.
After long negotiations both parties agreed to a compromise.
The white agreed to the principle of majority rule and that of one person one vote.
They also agreed to accept some basic rights for the poor and the workers.
The blacks agreed that majority rule would not be absolute. They also agreed that
the majority would not take away the property of the white minority.
Making of Indian Constitution
In 1928, Moti lal Nehru and eight other congress leaders drafted a constitution for
India.
In 1931, the resolution at the Karachi session of the Indian National congress
dwelt on how independent India’s constitution should look like.
Elections to the constituent Assembly were held in July 1946. Its first meeting was
held in December 1946.
The constituent assembly has 299 members.
Assembly adopted the constitution on 26th Nov. 1949 but it came into effect on
26Jan 1950.
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3.5
Reasons for accepting the constitution made by this Assembly more
than 50 years ago.
1
The constitution does not reflect the views of its members alone. It expresses a
broad consensus of its time.
Though the constituent Assembly was indirectly elected, yet it consisted of the
best brains of India. They came from different communities and regions,
representing different political parties. But legal experts were its members.
Many important political leaders of various colours and views and regions were
also its members. Some of them were Dr. Rajendera Prasad, Pt. J.L. Nehru,
Sardar vallabh Bhai Patel, Dr. B.R. Ambedkar, Dr. Shyama Prasad Mukherjee,
Mrs. Sarojini Naidu, Abul Kalam Azad, Sardar Baldev Singh etc. who guided the
discussion in the Constituent Assembly.
There were more than 30 members belonging to the schedule caste.
Minorities like the Anglo Indian had Frank Anthony as their representative.
The Parsee community was represented by H.P. Modi.
Some constitutional experts like Alladi, Krishana Swamy Aiyer, Dr. B. R.
Ambedkar, K. M. Munshi were also there.
Mrs. Sarojini Naidu and Mrs. Vijay Laxmi Pandit were the two leading women of
the India in the Constituent Assembly.
The Constituent Assembly worked in a systematic, open and consensual
manner.
At the outset some basic principles were decided and agreed upon.
Next, Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft
constitution for discussion.
Several rounds of thorough discussion took place on the Draft Constitution, clause
by clause.
More than two thousand amendments were considered. The members deliberated
for 114 days spread over three years.
Every document presented and every word spoken in the Constituent assembly
has been recorded and preserved. These are called ‘Constituent Debates’.
Though the Constituent Assembly was not directly elected by the people its session
were open to the press and the people.
2
3
4
5
6
7
8
3
(i)
(ii)
(iii)
(iv)
(v)
(vi)
3.6
Preamble- It is an introductory statement in a constitution, which states the
reasons and guiding values of the constitution. (Concept is taken from American
model). It contains the philosophy on which the entire constitution has been built.
It provides a standard to standard to examine and evaluate any low and action of
government.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Preamble of Indian constitution statesWE THE PEOPLE OF INDIA the constitution has been drawn up by the people
through their representatives
INDIA IS A SOVEREIGN people have supreme right to make internal and
external decisions
Socialist- Wealth is generated socially and should be shared equally by society.
Secular- Citizens have complete freedom to follow any religion and there is no
official religion.
Democratic- People enjoy political right and elect their rulers.
Republic – The head of the state is an elected person.
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(vii)
(viii)
(ix)
(x)
Justice – Citizens cannot be discriminated on the grounds of caste, religion and
gender.
Liberty – Citizens are free to express their thoughts.
Equality – All are equal before law
Fraternity – None should treat a fellow citizen as inferior.
3.7
Constitutional Amendment – Our constitution is a very long and detailed
(i)
(ii)



Q.
A.
(i)
(ii)
(iii)
Q.
A.
(i)
(ii)
document. Those who drafted the constitution felt that it has to be in accordance
with people’s aspirations and changes in society. So they made provisions to
incorporate changes from time to time. These changes are called constitutional
amendments.
A constitution is expected to address itself to
The given socio-economic conditions, and the
Foreseeable changes in their conditions.
Society always goes on changing. Many changes taking place in it can’t be
predicted. So, it is quite essential that the constitution should be flexible and not
rigid to accommodate new developments. In this context, our constitution provides
room and space for amendment with the change of time, circumstance and
developments taking place in the county and abroad. Till date 104 amendments
have already been affected so far in the constitution.
The amendment procedure as given in the constitution itself is as follows?
There are three types of amendments:
In the first category, amendments can be done by simple majority of the members
present and voting before sending it for the President’s assent.
In the second category, amendments require a specified majority. Such and
amendment can be passed by each house of Parliament by the two-thirds majority
of the members of the House present and voting and then sent to the President for
his assent.
The third category of amendments is quite complex. Besides the specific two-thirds
majority as mentioned in the second category, the same has to be approved by at
least 50 percent of the state legislatures.
All countries that have constitutions are not necessarily democratic. But all
countries that are democratic will have constitutions. Explain.
After the war of Independence against great Britain, the Americans gave
themselves a constitution.
After the Revolution, the French people approved a democratic constitution.
India, a democratic country, also has a written constitution. Then, it has become a
practice in all democracies to have a written constitution. On the other hand,
Pakistan has a constitution but it is not a democracy, in the real sense of the term
as it is ruled by a military general.
The South African Constitution inspires democrats all over the world. Why?
The constitution grants to its citizens the most extensive rights available in any
country.
The constitution grants to its citizens the most extensive rights available in any
country.
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(iii)
(iv)
Q.
A.
Forgetting and forgiving the past, the new constitution provides for a truly multisocial democratic society.
In this new social set up, every citizen will have an equal right to participate, to
share the fruits of growth and get an equal opportunity to contribute to national
welfare.
If the preamble is not a legal part of the constitution, how is it important? What
does it sate about the objective of the constitution?
The constitution of India begins with a preamble. It is like a preface to a book. It
contains the ideals and the basic elements that underly principles of a
constitution. It is neither a legal part of the constitution nor justiciable. But it is
important because it tells us what the constitution aims at. It directs the
government how it ought to function. It sets the objectives of the government. It
clarifies the kind of system our constitution wants to establish. It enshrines the
following objectives of the constitution.
Q.A.-
How did Black of South Africa protest against Apartheid?
Since 1950, the Black, launched protest marches and strikes. ANC (African
National Congress) led the struggle against the policies of segregation. This
inclined many workers union and the communist. Many sensitive whites also
joined A.N.C.
Q.A.-
What were the fears of Black and White?
The black majority was keen to ensure that the democratic principle of majority
rule was not compromised. They wanted social and economic rights. The white
minority was keen to protect its privileges and property.
Q.A.-
What was the agreement between the two races?
The white agreed to the principle of majority rule and that of one-person one vote.
They also agreed to accept some basic rights for the poor and workers. The black
agreed that majority rule would not be absolute.
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4. ELECTORAL POLITICS
Terms to Remember
Assembly Constituency: An area that elects one member is called Assembly constituency.
Ballot Paper: A sheet of paper on which the names of the contesting candidates as well as
party names any symbols are listed.
By Election: An election of a new Member of Parliament or State Assembly to replace
somebody who has died or left Parliament or Assembly.
Code of conduct: A set of norms and guidelines to be followed by political parties and
contesting candidates during election time. It is also called Model Code of Conduct.
Election: It is a mechanism by which people can choose their representative at regular
intervals and change them if they wish to do so.
Election commission: The entire process of election in our country is conducted,
controlled and supervised by an independent body called the election Commission.
Electoral Roll: The official list of people in a country or an area who have the right to vote
thought of as a group. It is also termed as Voters list.
Factionalism: Disagreement that exists with in a political party.
Incumbent: The current holder of a political office. Usually the choice for the voters in
election is between the incumbent party or candidate and those who oppose them.
Level playing field: Condition in which all parties and candidates contesting in an
election have equal opportunities to appeal for votes and to carry out election campaign.
Reserved constituencies: Constituencies reserved for people belonging to the Scheduled
Castes (SCs) and Scheduled Tribes (STs).
Turnout: The percentage of eligible voters who cast their votes in elections.
Verdict: A decision that is made by an Election commission whether a candidate wins the
election or is defeated.
4.1
(i)
(ii)
(iii)
Elections:- It is a mechanism by which people can choose their representative at
regular intervals and change them if they wish to do so.
In an election voters can chooseWho will make law for them?
Who will form the government and take major decisions
Party whose policies will guide the government in law making.
We Can Say
An election is a contest between different political parties in order to get people’s support.
The party which gets the support of the largest number of people comes to powers, forms
the government and governs for five years if it doesn’t lose support of the majority in the
legislature.
4.2(a)
1
2
3
Elections are important in modern democracies
All the citizens in modern democracy cannot participate in administration. This
function is performed by their elected representatives.
Only through election we can get rid of corrupt, criminal and anti-people
government and change it for a new government.
It is through elections that voters can maintain their control over executive and
prevent them from becoming despotic and autocratic.
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4
Without elections no democratic government can be formed. It has rightly been
said, “No, elections, no democracy.”
They enable the voters to make their choice between different candidates.
They put their aims and programmes before the people through their manifestoes.
5
6
4.2(b)



4.3





4.4
Therefore elections are considered essential
In a democratic country like India election is a mechanism by which people can
choose their representatives at regular intervals and can change them and elect
new ones if they wish to do so. In an election, the vote have the following choices.
They can choose persons who will make laws for them.
They can choose persons who will form the government and take major policy
decisions.
They can send the party in power which will guide the government and lawmaking.
Democratic Elections
In a democracy, elections reflect truly and entirely the will of the people. A
democratic election must fulfill the following conditions.
Everybody should be able to choose. It means that every person should have one
vote and every vote should have equal value.
There should be something to choose from. Parties and candidates should be free
to contest election. They should offer some real choice to the voters.
The choice should be offered at regular intervals. Elections must be held regularly
after every few years.
The candidate preferred by the people should get elected.
Elections should be conducted in a free and fair manner where people can choose
as they really wish.
Political Competition
Elections are all about political competition. At the constituency level it takes the
form of competition among several candidates.
(a)
Demerits of Political competition –
1
It creates a sense of disunity.
2
Parties and candidates often use dirty tricks to win elections.
3
Pressure to win electoral fights does not allow sensible long term policies to be
formulated
4
Some good people who may wish to serve the country do not enter politics because
they do not like the idea of being dragged into unhealthy competition.
(b)
Merits
1
It helps to force political parties and leaders to serve the country.
2
Electoral competition provides incentives to the political parties and leaders.
3
If leaders fail to satisfy the voters with their work they will not be able to win
again.
So, if a political party is motivated only by desire to be in power, even then it will be forced
to serve the people.
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4.5
Elections in India
4.5(a)
(i)
(ii)
Electoral Constituencies
Elections are held for the seats of Lok Sabha and Vidhan Sabha regularly.
Elections are held in all constituencies at the same time either on the same day or
within few days.
When an election is held to fill the vacant seat caused by death or resignation of a
member. This is called a by – election.
The country is divided into different areas for purposes of elections. These areas
are called electoral constituencies.
For Lok Sabha elections, the country is divided into 543 constituencies and
members elected from each constituency is called a members of Parliament (M.P.)
For Vidhan Sabha elections state is divided into a specific number of
constituencies and member elected is called Member of Legislative Assembly or
(MLA)
Inside some constituencies are reserved for people who belong to the scheduled
castes (SC) and Scheduled Tribes (ST). Currently in the lok sabha, 79 seats are
reserved for the Scheduled castes and 41 for the Scheduled tribed.
(iii)
(iv)
(v)
(vi)
4.5(b) Voter’s List
(i)
(ii)
(iii)
(iv)
List of people who are eligible to vote is officially called the Electoral Roll and is
commonly known as the voters list.
Every citizen above 18 years has the right to vote, regardless of his or her caste,
religion or gender.
Some criminals and persons with unsound mind can be denied the right to vote.
Election Photo Identity Card (EPIC) has been given to every person on voters list.
4.5(c) Reserved Constituencies
Why reserved constituencies
When any constituency is reserved for people belonging to the Scheduled castes (SCs) and
Scheduled Tribes (STs) it is called Reserved Constituency.
1
The farmers of the constitution were worried that in an open electrol competition,
certain weaker section may not stand a fair chance to get elected to the Lok Sabha
and the Vidhan Sabhas.
2
They may not have the required resources, education and contracts to contest and
win elections against others.
3
Those who are influential and resourceful may prevent them from winning
elections. If that happens, our parliament and Assemblies would be deprived of the
voice of a significant section of our population. In such a scenario, our democracy
would be less representative and less democratic.
4.5(d) Nomination of Candidates



Any one who is a citizen of India and has attained the age of 25 years can become
a candidate in elections.
Political parties nominate their candidates who get the party symbol and support.
Party’s nomination is often called party ‘ticket’.
Every person who wished to contest an election has to fill a nomination form and
give some money as security deposit.
Every candidate has to make a legal declaration giving full details of:
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(i)
Serious criminal cases pending against the candidate.
(ii)
Details of the assets and liabilities of the candidate and his or her family.
(iii)
Educational qualification of the candidate
This information has to be made public. This provides an opportunity to the voters to make
their decision on the basis of the information provided by the candidates.

No educational qualification is required to contest an election
(i)
The qualification for being an MLA or an MP is the ability to understand people
concerns, problems and to represent their interests.
(ii)
If education qualification was given importance it would mean depriving a
majority of the countries citizens the right to contest elections.
4.5(e)
Election Campaign
1
In India election campaign takes place for a period of two weeks between the
announcement of the final list of candidates and the date of polling. During this
period newspapers and television channels are full of election related news, stories
and debates. But election campaign is not limited to these two weeks. Political
parties start preparing for elections months before they actually take place. Before
a final selection of candidates is made, voters need to be enlightened about.
Who is a better representative?
Which party will make a better government?
What is a good policy?
2
3
4
Importance of Election Campaign –In our country election campaign take place for a
two week period between the announcement of the final list of candidates and the date of
polling. During this period the candidates contact their voters, political leaders address
election meetings and political parties mobilize their supporters. In election campaigns,
political parties try to focus public attention on some big issues. Therefore it helps to have a
free and open discussion about who is better representative, which party will make a better
government or what is a good policy.
According to our election law, no party or candidate can
(i)
Bribe or threaten voters
(ii)
Appeal to them in the name of caste or religion.
(iii)
Use government resources for election campaign.
(iv)
Spend more than Rs 25 lakhs in a constituency for a Lok Sabha election and Rs 10
Lakh in a constituency in an Assembly election.
All Political Parties in India have agreed to a Model Code of conduct for election
campaign No Party can
1
Use any place of worship for election propaganda.
2
Use government vehicles, aircrafts and officials for elections.
3
Once election are announced, Ministers shall not lay foundation stones of any
projects, take any big policy decisions or make any promises of providing public
facilities.
4.5(f)
Polling and counting of Votes



The day when the voters cast their vote is usually called the election day.
Every person whose name is in the voters list cast her vote.
An agent of each candidate is allowed to sit inside the polling booth and ensure
that the voting takes place in a fair way.
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
E.V.M. : Now a days electronic voting machine is used to record votes. The
machine shows that names of the candidates and the party symbols, allotted
by the election officials. Voter has to press the button against the name of the
candidate he/she wants to give vote. Once the polling is over, all the EVMs are
sealed and taken to a secure place, where votes secured by each candidate are
counted. The candidate who secures the highest number of votes from a
constituency is declared elected
4.6
Elections in India are Democratic
1
Independent Election Commission- Elections are conducted by an independent
and very powerful Election Commission (E.C). E.C. is appointed by the president
of India.
It takes decisions on conduct and control of elections.
It implements the code of conduct and punishes any candidate or party that
violates it.
During elections E.C. can order the government to follow some guidelines.
When on election duty, government officers work under the control of E.C. and not
the government.
If EC feels that the polling was not fair in some booth or constituency they order a
repoll.
Popular Participation- If the election process is not free or fair, people will not
continue to participate in the elections. In India interest of voters in elections has
been increasing over the years. Common people in India feel that through elections
they can bring pressure on political parties to adopt policies and programmes
favourable to them.
Acceplance of election outcome- If elections are not free or fair, the outcome
always favours the powerful. In such a situation ruling parties donot lose
elections. But in India the ruling parties routinely lose elections in India both at
the National and state level. Candidates who have criminal connections often lose
elections. All the above reasons clearly show that India conducts free and fair
elections.
(i)
(ii)
(iii)
(iv)
(v)
2.
3
4.7
(i)
(ii)
(iii)
(iv)
(v)
Challenges to free and fair elections
Candidates and parties with a lot of money ma not be sure of their victory but they
do enjoy a big and unfair advantage over smaller parties and independents.
In some parts of the country, candidates with criminal connection have been able
to push others out of the electoral race and to secure a ticket from major parties.
Some families tend to dominate political parties; tickets are distributed to
relatives from these families.
Very often elections offer little choice to ordinary similar to each other both in
policies and practice.
Smaller parties and independent candidates suffer a large disadvantage compared
to bigger parties. These challenges exist not just in India but also in many
established democracies. These deeper issues are a matter of concern for those
whose believe in democracy. That is why citizen’s social activists and organizations
have been demanding reforms in our electoral system.
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SUNSHIELD CLASSES
All progress, change, and Success is based on a foundation at convenience
Q.
A.
What is an Election Petition?
If a candidate is not satisfied by the way the election has been conducted, he can
knock at the door of the court and question his rival’s election. The decision of the
court does not let the questioning candidate go with the win but it makes winning
candidate lose his seat.
Q.
A.
What is a Manifesto? What do they tell?
A small booklet issued by a political party containing its programme of action on
the eve of an election to tempt the voters is called a manifesto.
It tells the voters what this party thinks about major issues of internal or foreign
policy, and promises to do certain things if it is voted to power.
It explains why does the party agree/ disagree with the government.
It tells the voters what it is going to do if it wins and forms the government.
A party in power tells voters why it acted the way it did .
It is a barometer of party’s programmes.





Q.
A.






Q.
A.







Q.
A.



Why are elections important in modern democracies?
All the citizen’s in modern democracy cannot participate in administration. This
function is performed by their elected representatives.
Only through election we can get rid of corrupt, criminal and anti -people
government and change it for a new government.
It is through elections that voters can maintain their control over executive and
prevent them from becoming despotic and autocratic.
Without elections no democratic government can be formed. It has rightly been
said, “No, elections, no democracy.”
They enable the voters, to make their choice between different candidates.
They put their aims and programmes before the people through their manifestoes.
What are the functions of the Election Commission? What is its importance?
Election Commission is an autonomous body provided for in the constitution of
India. The entire election business in conducted by the Election Commission. It
assigned the responsibility of conducting free and fair elections which are the
backbone of democracy. It is headed by the Chief Election Commissioner assisted
by two other members. The main function of the EC are as follows
Preparation of voters list.
Delimitation of the constituencies.
Controlling the election machinery.
Recognizing newly formed political parties.
Allotting party symbols to various political parties and independent candidates.
Conducting of polls and counting of votes.
Announcement of results.
“It is said that elections are the barometer of democracy.” Elaborate.
There is no doubt that elections are the barometer of democracy because of the
following reasons
It is through elections alone that the voters express their opinion.
It is also through elections that the people’s representatives are identified.
Elections help in maintaining a close watch and effective control over the
executive.
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All progress, change, and Success is based on a foundation at convenience

Elections provide an opportunity to debate publicly on various socio-economic
issues. People’s problems and difficulties and subjects of concern come to the light.
The true character of politicians comes out during the election campaign. The real
works of individual can easily be adjudged. In a word, a fair and free election
reveals the intrinsic value of the healthy democracy.

Q.
A.


Q.
A.
Explain the principle of universal adult franchise? Why is it practiced in a
democracy?
This principle means that everyone should have one vote and each vote should
have equal value. No one should be denied this right without a good reason.
Different citizens differ in many respects. There are rich and poor, educated and
uneducated, kind and cruel. But all are human beings with their own needs and
views.
So all of them deserve to have an equal say in decision making that affects them.
So this principle has been evolved to provide equal opportunity to all to choose
their representatives.
Distinguish between by election and Mid term election.
By election is an election that is held to choose a candidate in place of a member of
legislature who has resigned suddenly or died.
Mid term election is an election held to constitute a new house if the legislature is
dissolved before completing its full term, i.e. five years in India.
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5. WORKING OF INSTITUTIONS
Terms to Remember
Faction: A small group of people within a larger one whose members have some different
aims and beliefs to those of the larger group.
Impeachment: A special parliamentary procedure to remove the Head of the State
(President or Vice-President) or high officials, Judges of the Supreme Court or High Court,
Election Commissions, etc. for violation of the constitution.
Judicial Review: Review by the Supreme Court of the constitutional validity of a
legislative act.
Mandate: The authority to do something, given to a government by the people who vote for
it in an election.
No Confidence Motion: A motion moved by an opposition party /parties to prove that it
no longer has a confidence in the Council of Ministers. If such a motion is carried through
by majority vote of the Lok Sabha or the Vidhan Sabha, the Ministry has to resign.
Reservation: A policy that declares some positions in government employment and
educational institutions ‘reserved’ for people and communities who have been discriminated
against, are disadvantaged and backward.
5.1
The Decision Makers
(i)
President is the head of the state and is the highest formal authority in the
country.
Prime Minister and the Cabinet are institutions that take al important policy.
The Civil servant, working together, are responsible for taking steps to implement
the minister’s decisions.
Parliament consists of two Houses, Lok Sabha and Rajya Sabha. The Prime
Minister must have the support of a majority of Lok Sabha members.
Supreme court is an institution where disputes between citizens and the
government are finally settled.
(ii)
(iii)
(iv)
(v)
5.2
(i)
(ii)
(iii)
(iv)
Need for Political Institutions
Government of a country is responsible for ensuring security to the citizens and
providing facilities for education and health to all. It collects taxes and spends the
money thus raised on administration, defence and development programmes. We
need political institutions for
To Make decisions: Democratic countries need political institutions to make
decisions in the best interest of the people. All important policy decisions are made
by the institutions and programmes chalked out.
To implement decisions: The decisions which have been made are to be
implemented. So countries need institutions to implement the decisions.
To settle disputes: We need institutions in get the disputes settled between
various institutions.
To take timely and right decisions: Institutions help the government to take
right decisions.
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5.3
Parliament

National Assembly of elected representatives of people with a power to enact laws
for a country is called Parliament. At the state level this is called Legislative
Assembly.
Parliament at the centre has two houses – First house is the Lok Sabha or
Lower house. Members are usually elected by the people and exercises the real
power on behalf of the people. The second house is the Rajya Sabha or Upper
house. The members are elected indirectly and performs some special functions.
The most common work of second house is to look after the interests of various
states and regions.
President of India is a part of Parliament, although she is not a member of either
house but all laws made in the houses come into force only after the assent of the
President.


Powers & Functions of Parliament
1
Parliament has the power to make law on all the subjects that are under the
Juridiction of central government. It can make new laws, change existing laws or
abolish existing laws and make new ones
in their place.
2
Those who run the government can take decisions only as long as they enjoy
support of the Parliament.
3
Parliament control all the money that government has.
4
Parliament is the highest place where government policies can be discussed.
5
Elected members of both the houses participate in the election of the President of
India.
6
Parliament can remove the President of India through impeachment.
Lok Sabha exercises more powers than Rajya Sabha
1
Any ordinary law needs to be passed by both the houses. If there is disagreement
between the two houses on the bill, a joint session is convened. Because of the
larger number of members (550) than Rajya Sabha (250), the view of the Lok
Sabha is likely to prevail.
2
Lok Sabha exercises more powers in money matters. Once the Lok Sabha passes
the budget of the government or any money related law, the Rajya Sabha cannot
reject it. Rajya Sabha can delay it by
14 days or suggest changes in it. The Lok
Sabha may or maynot accept the changes.
3
Lok Sabha controls the council of ministers. If the majority of the Lok Sabha
members say they have ‘no confidence’ in the council of Ministers, all ministers
including the Prime Minister have to quit.
5.4


(i)
Political Executives
All those functionaries who are in charge of the execution of the policies of the
government are called executive. They initiate major policies, make decision and
implement them on the basis of constitution.
In India there are two types of executives
Political Executive- Executives that are elected by the people for a specific
period ..i.e. Political leaders who take the big decision. The minister decides the
overall framework and objectives in which decisions on policy should be made. He
is not expected to be an expert in the matters of his ministry. He takes the advice
of experts on all technical matters.
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(ii)

5.4(a)



Permanent Executive or civil servants- They are appointed on a long-term
basis. They are called Permanent executive because they remain in office even
when the ruling party changes. These officers work under political executives and
assist them in administration.
A political executive is more powerful than a civil servant,though a civil servant is
more educated and has expert knowledge of the subject because the minister is
elected by the people and thus empowered to exercise the will of the people on
their behalf. He is finally answerable to the people for all the consequences of his
decisions.
Prime Minister
The most powerful office in the central government is that of the Prime Minister
Formally the P.M. is appointed by the President. The President invites only that
person to be the P.M., who is the leader of the Majority Party in the Lok Sabha or
who is most likely to secure a majority support.
P.M. continues in power so long as he remains the leader of the majority party.
Power of P.M.
1
P.M. selects the members of the council of Ministers who are formally appointed
by the President.
2
The P.M. presides over the meetings of the council of ministers.
3
He decides about policies of the government.
4
He co-ordinates the works of different ministries. All ministers’ work under his
leadership. He also has the power to dismiss ministers.
5
He is the chairperson of Planning Commission.
6
When the P.M. quits, entire ministry quits.
7
P.M. controls the cabinet and Parliament through the party.
Council of Ministers

It is the official name for the body that includes all the Ministers. It usually has 60
to 80 ministers of different ranks.

It is essential for the members of council of minister to be members of either house
of Parliament.
Cabinet Ministers
Minister of State with Minister of State
independent charge
 There
are
cabinet  They are usually in  They
are
deputy
ministers
who
are
charge
of
smaller
ministers who assist
members of cabinet and
ministries
cabinet minister and
in
charge
of
very
Minister of state
important ministry
 Cabinet is thus the
inner ring of council of
minister. It comprises of
20 ministers

Every ministry has secretaries, who are civil servants. They help the ministers to
take decisions

The cabinet as a team is assisted by the cabinet secretariat, which includes many
senior civil servants.
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5.4(b) President

President of India is the highest executive authority. He is the head of state and
represents the Republic of India. He supervises the overall functioning of all the
political institutions in the country.
Election
President is not elected directly by the people. All the members of Parliament (M.P’s) and
Members of state Legislative Assemblies elect him.
Powers and Functions
1
President appoints the P.M. and Council of ministers, he appoints governors of
states, Chief justice, Judges of the Supreme Court and high court. Attorney
general and Auditor General, Chief election commissioner, Ambassadors etc.
2
The President can grant pardon or educe the sentence of any convicted person.
3
He summons the sessions of both the houses of Parliament.
4
A bill that has passed by parliament can become a law only after the assent of
President.
5
All international treaties and agreement are made in the name of the President.
6
President is the supreme commander of the defence force of India
7
President has certain emergency powers to meet abnormal situations like external
aggression, armed rebellion, and threat to financial stability.
5.4(c)
Judiciary

Disputes between center and the state or between states are resolved by the
judiciary. It also ensures that right of citizens are respected and protected and the
powers of the government donot cross the limits prescribed.
Supreme Court is at the apex of Indian Judiciary. There are high courts at the
state level and district courts at the local level.

Supreme court
It is at the top of judicial system. It has Chief justice and 25 other judges. It is the highest
court of appeal in civil and criminal cases. It can hear appeals against the decisions of the
High Courts
It can take up any dispute
(i)
Between citizens of the country
(ii)
Between citizens and the government
(iii)
Between two or more state government
Independence of Judiciary
1
It means that judiciary is not under the control of the legislature or the executive
2
The judges of Supreme Court and high court are appointed by the President on the
basis of prescribed qualification and according to a well-established procedure.
3
Once a person is appointed as judge of Supreme Court or high court it is nearly
impossible to remove him or her from that position [A judge can be removed only
by an impeachment motion passed separately by 2/3 members of the two houses of
the Parliament]
4
Their emolument and service conditions cannot be altered
5
Their salaries and other allowances cannot be changed or reduced.
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Other functions and Power of judiciary

Supreme court and high court have the power to interpret the constitution of the
country

They can determine the constitutional validity of any legislation or action of the
executive in the country. This is known as judicial review.

It acts as the guardian of the fundamental rights anyone can approach the courts
if public interest is hurt by the actions of government. This is called PUBLIC
INTEREST LITIGATIONS.

The courts intervene to prevent the misuse of the government power to make
decisions.
Q.
A.








-
What are the functions of the Indian Parliament?
Some of the important functions of the Indian Parliament are as follows.
Legislative: The most important function of the Parliament is to make laws on
the subjects given in the Union List, Concurrent List or during emergencies in the
State List.
Executive: Council of Ministers is accountable to the Parliament to the
Parliament. The members of Parliament can question ministers about their
respective portfolios. The Parliament can remove the Council of Ministers by
passing a vote of No-confidence against them.
Financial: The Parliament has wide financial powers. It exercises control over the
government revenue and expenditure. All money bills are introduced in the
Parliament. Government can neither raise any tax nor incur any expenditure
without the consent of the Parliament. Annual budget of the Union Government
and Railways is passed by the Parliament.
Electoral: Both the Houses of Parliament participate in elections of the President
and Vice – President of the Indian Union.
Judicial: The Parliament can impeach the President, the vice-President the
Judges of the Supreme Court.
Amendment in the Constitution: Parliament can make amendments in the
constitution.
Emergency: The Parliament has the power to approve declaration of emergency
and extend it.
Other Powers
It sanctions declaration of war and peace.
It can advice the President regarding the appointment of judges of the Supreme
Court.
It can create new All-India Services.
It examines annual reports of the various ministries and departments of the
government.
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All progress, change, and Success is based on a foundation at convenience
Q.
A.



Q.
A.
1
2
3
4
5
6
7
What are the executive powers of the President?
Head of administration: President is the head of the State. The administration
of the state is conducted and carried out in his name. All orders are issued in his
name. Being the head of the Union administration, all officials are his
subordinates.
Appoints as well as dismisses Prime Minister and the Council of
Ministers: He appoints the Prime Minister and on the latter’s advice other
ministers in the Council of Ministers. He administers the oath of office to them.
The Prime Minister and the other ministers submit their resignation to him if
situation demands.
Appoints and dismisses high official: All the high officials such as the
Attorney General of India, the Comptroller and Auditor General of India, the
Governors of states, Ambassadors and High Commissioners, the Judges of the
Supreme Court and High Courts, the Election Commissioners, etc. are appointed
by the President. He also appoints the Chairman and other members of the Union
Public Service commission, finance commission etc.
Diplomatic Powers: he enjoys the power to send Ambassador, High
Commissioners and other diplomatic envoys to foreign countries and receives those
from the foreign countries along with the letters of credence. He also asks foreign
diplomats to leave India by declaring them persona non grata i.e. persons not
acceptable.
How was decision to reserve 27% of the vacancies in civil services under
government for SEBC was taken ?
Government of India appointed the second Backward class commission in 1979
headed by B.P. Mandal to identify the socially and economically backward classes
in India and recommend steps to be taken for their advancement.
The report of commission in 1980 recommended 27% of government jobs reserved
for the socially and economically backward classes
In Lok Sabha election of 1989, Janta Dal in their election manifesto promised to
implement Mandal Commission report.
After winning the election V.P.Singh (leader of the Janta Dal) formed government
and on 6 Aug. 1990, the Union Government took a formal decision to implement
the recommendations.
The decision of the cabinet was sent to the department of Personnel and Training.
An officer signed the order on behalf of the Union Government on 13 Aug. 1990 &
it became a law.
Some people appealed to the courts to declare the order invalid. The Supreme
Court bunched all these cases together and was known as the ‘Indira Sawhney
and others Vs Union of India Case’.
Supreme court judges in 1992 declared it as valid. It said that well to do persons
among the backward classes should be excluded from getting reservations.
76
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Q.
A.
What is the difference between the nominal and real executive in India?
The President is the head of the executive in India. The entire government
functions in the name of the President. All the peace treaties or the declaration of
war are done in the name of the President. As such, the nominal Chief Executive
of the Union is the President. However, the President, except under certain welldefined subjects, acts on the advice of the Council of Ministers, headed by the
Prime Minister. In other words, the real executive powers lie with the Council of
Ministers, headed by the Prime Minister. More precise, all the powers vested in
the President are exercised by the council of Ministers.
Q.
A.



What do you understand by Unified Judiciary?
In India, we have a single judicial system.
All the laws, either Union Laws or State Laws, are administered by this system.
It runs up like a pyramid.
At the bottom are the District Courts, followed by the High Courts and then the
Supreme Court.
Each lower court is under the high one with the Supreme Court at the top.

Q.
A.





How does the Parliament exercise control over the Executive?
The Executive is accountable to the Legislature. The Parliament keeps its control
over the executive in the following ways.
Members from the opposition parties in Parliament may point out the wrong and
anti-people policies of the government.
Question hour is devoted exclusively to the members asking questions to the
ministers relating to the policies.
The members have to give in writing the questions they want to raise. The
question may be starred or unstarred questions.
Adjournment motion and calling attention notices can also be moved by the
members to invite the attention of the government on the immediate dangers
facing the nation.
The members of Lok Sabha can also move no confidence motion against the
government in such a case, has to prove its majority on the floor of the House. In
case the No-confidence Motion is carried through by a majority the government is
bound to resign.
Q.
A.
What is the difference between a ‘Bill and a Law’?
The proposal for a law is called a bill. When a bill goes through the Parliament and
receives the assent of the President it becomes a law.
Q.
A.
1
What are the powers and functions of the Prime Minister?
2
3
The Prime Minister is first among equals. He is a link between the Cabinet and
the President. He keeps the President abreast of all the decisions made by the
Cabinet.
Higher and important appointments: All the high officials such as Governors,
Chief Commissioner, Chairman of the Union Public Service Commission. Etc. are
appointed and removed by the President on the advice of the Prime Minister.
Cabinet Formation: All the ministers of the cabinet are appointed by the
President on the advice and recommendation of the Prime Minister. He can ask
any minister to resign.
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4
Leader of the Lok Sabha: The Prime Minister presides over the meetings of the
Cabinet. He coordinates the works of various departments of the Government.
5
Foreign Affairs: He plays a crucial role in the management of foreign affairs. He
formulates the internal and external policies of the country.
6
Leaders of the nation: He is the leader and spokesperson of the nation. People
listen to his views relating to any internal or external policy with rapt attention.
He addresses the nation form time to time.
7
Leader of the Party: He has the main say in framing the policy of his party.
Q.
A.
Write a note on the independence of the judiciary.
By the independence of judiciary we mean that the judiciary should not be under
the legislature, executive or any other authority. If the judiciary is not
independent it would not independent it would not be able to impart impartial and
fair justice.
1
Appointment of Judges: The judges of the Supreme court and High Courts are
appointed by the President of India in consultation with other judges.
2
Security of tenure: A judge of the Supreme Court remains in office till he attains
the age of 65 and that of the high court 62 years. He can be removed from office by
the President on the ground of ‘proves misbehaviors or incapacity’. But the
resolution for his impeachment must be passed by two-thirds majority of both the
Houses of the Parliament.
3
No cut in salary: The salary of the judges of the Supreme Court and the High
Courts cannot be reduced in normal times.
4
Salaries are charged on the Consolidated Fund of India: The salaries of the
judges are charged on the consolidated fund of India and cannot, therefore, be
voted upon by the Parliament.
5
No discussion with respect to the conduct of a judge: No discussion shall
take place in parliament with respect to the conduct of any judge in the discharge
of his duties when a motion for his removal is under consideration.
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Q.
A.
Compare Lok Sabha and Rajya Sabha
A comparison between Lok Sabha and Rajya Sabha
Lok Sabha
Basic qualification for  Should be an Indian citizen.

members
 Should be 25 years of age or

above.
 Should not be a proclaimed
offender.
 Have a name on the voters list.
 Should not be holding any
office of proft.
Terms
 5 years (in case the Lok Sabha 
is not dissolved or its term is
extended)

Method of election
Nomination
President
by
the 
Maximum strength

Presiding officer

Powers and functions 
(Exclusive to each
House)
Common Powers and 
function
of
Both 
Houses


Rajya Sabha
Should be at least 30
years of age.
Other qualifications are
the same as that of the
members of a Lok
Sabha.
6
years
Permanent
House.
1/3
of
its
members retire after
every two years.
Directly elected by adult  Indirectly elected by the
suffrage.
elected members of state
Vidhan Sabha as state
representative
President can nominate two  President can nominate
members of the Anglo Indian
12 members who have
Community, if it is not
shown excellence in the
adequately represented.
fields
of
literature,
science, art or social
service.
530 from state and 20 from  238
elected
+
12
UTs and 2 nominated by the
nominated
by
the
President.
President.
Elected
Speaker
by
the  Chairman:
Vicemembers
President is ex-officio
Chairman.
Money Bill can originate only  It has exclusive power to
in Lok Sabha.
declare a subject of state
list to have become a
subject
of
national
importance and request
the
Parliament
to
legislate on it.
Elect the President and the vice-president.
Impeach President, Vice –President, Judges of Supreme
Court and High Courts.
Non-money bill i.e. ordinary bill can be introduced in any
house.
Both houses exercise control over the Executive though Lok
Sabha alone can vote a Ministry out of office.
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INDRAPURI, BHOPAL 7415182533, 9669687655, 7697542831.
SUNSHIELD CLASSES
All progress, change, and Success is based on a foundation at convenience
6. DEMOCRATIC RIGHT
Terms to Remember
Amnesty International: An international organization of volunteers who campaign for
human rights. The organization brings out independent reports on the violation of humans
rights all over the world.
Custodial Violence: Violence perpetrated on someone when a person under trial is in a
prison or in police custody.
Ethnic group: An ethnic group is a human population whose members usually identify
with each other on the basis of common ancestry. People of an ethnic group are united by
cultural practices, religious beliefs and historical memories.
National Human Rights Commission (NHRC): An independent commission legally
constituted in 1993. It is an independent body of the government. It focuses on helping the
victims secure their human rights granted to the citizens by the constitution.
Writ: A formal document containing an order of the court to the government issued only by
High Court or the Supreme Court.
6.1
Life without Rights
6.1(a) Prison in Guantanamo Bay
Guantanamo Bay is place near Cuba controlled by US Navy. In the wake of
terrorist attacks on World Trade Centre (WTC), New York on 11 September 2001,
the US lodged 600 persons in prison secretly. No information no trial, no rights
were granted to them.
Amnesty International reported that the prisoners were being tortured in ways
that violated the US laws.
Even those prisoners who were officially declared not guilty were not released even
when they went on hunger strike. Here government of one country is denying
rights to citizens of another country.


6.1(b) Citizens Rights in Saudi Arabia
(i)
(ii)
(iii)
(iv)
(v)
(vi)
6.1(c)
Country is ruled by a hereditary king and people have no role in electing or
changing their rulers.
The king selects the legulature and the executive. He appoints the judges and can
change any of their decisions.
Citizens cannot form political organizations.
Media cannot report anything that the monarch does not like.
There is no freedom of religion.
Women are subjected to many public restrictions. Here the government is drnying
its citizens basic rights.
Ethnic massacre in Kosove
Before the split of Yogoslavia, Serbs and Albanians constituted its main
population. Milosevic was a Serb. Serbs were in majority. Milosevic won the
election. He wanted Albanians to leave the country. He unleased a reign of terror
on them. Many countries intervened. As a result, Milosevic lost power. He was
tried by an International Court of Justice for crimes against humanity.
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INFRONT OF SHRAVAN KANTA PALACE PLOT NO. 10, AXIS BANK, AYODHYA BYPASS ROAD
INDRAPURI, BHOPAL 7415182533, 9669687655, 7697542831.
SUNSHIELD CLASSES
All progress, change, and Success is based on a foundation at convenience
6.2
Rights in a Democracy
(a)
Rights- Are reasonable claims of persons recognized by society and sanctioned by
law.
We need rights in a democracy- In a democracy citizens should have the right
to express their opinion, from political parties and take part in political activities.
Rights protect minorities from the oppression of majority.
(b)
6.3
(i)
(ii)
(a)
(b)
(c)
(d)
(e)
(f)
Rights in Indian constitution- Our constitution provides for six Fundamental
rights
Right to Equality- This ensures that government shall not deny to any person in
India equality before the law. Every citizen has equal access to public places like
shops, restaurants, hotels, and cinema halls and all places of public resorts
maintained by government. All citizens have equality of opportunity in matters
relating to employment to any position in the government. The practice of
untouchability has been forbidden in any form.
Right to Freedom- It means absence of interference in our affairs by other
individual or the government. The right to freedom is actually a cluster of the
following six freedoms
The right to speech and expression
The right to assemble peaceably and without arms.
The right to form associations or unions
The right to move freely throughout the territory of India.
The right to reside and settle in any part of India
The right to practice any profession or to carry on any occupation, trade or
business.
Right to freedom guarantees some very important rights

No citizen can be awarded punishment, which is more than what the law of the
land prescribes at that time. No citizen can be denied his life and liberty, except by
law.

No one can be arrested without being told the ground for such arrest. If arrested
the person has the right to defend himself by a lawyer. Also an arrested citizen has
to be brought before the nearest magistrate within 24 hours.
(iii)
(a)
(b)
(c)
Right against exploitation –
Constitution of India prohibits
Traffic in human beings
Forced labour
Child labour.
Right against exploitation is a ‘legal weapon’ because if this right is violated one can go to
the court of law to get justice.
(iv)
Right to freedom of Religion – It provides religious freedom to all the citizens
of India. All religious are equal before the state and no religion will be given
preference over the other. Citizens are free to practice profess and propagate their
respective religions. Every religions group or sect is free to manage its religions
affairs. There shall be no religious instruction in the government educational
institutions.
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INDRAPURI, BHOPAL 7415182533, 9669687655, 7697542831.
SUNSHIELD CLASSES
All progress, change, and Success is based on a foundation at convenience
(v)



Cultural and Educational Rights –
By this right constitution protects the rights of the minorities
Any section of citizens with a distinct language or culture have a right to conserve
it.
Admission to any educational institution maintained by government or receiving
government aid cannot be denied to any citizen on the ground of religion or
language.
All minorities have the right to establish and administer educational institutions
of their choice. In doing so they preserve and develop their culture.
(vi)
Right to constitutional RemediesThis right empowers the citizens to go the court in case of denial of any of these
fundamental rights. The court of law stands as guard against the violation of these
rights by the government. Any citizen or group of citizens can approach the
Supreme Court or High court for the protection of public interest against a
particular law or action of the government. This is called (PIL) Public Interest
Litigation.
6.4
Expanding scope of Rights
From time to time, the courts gave judgment to expand the scope of rights. Certain
rights like right to freedom of press, right to information and right to education
are derived from the Fundamental Rights. The governments are responsible for
providing free and compulsory education to all children up to the age of 14 years.
We have a right to seek information from government offices. Constitution provide
many more rights like right to property, right to vote in elections etc
(iv)
(v)
(vi)
International Covenants on Economic, Social and Cultural RightsRecognizes many rights which human right activists all over the world see as a
standard of human rights
Right to work
Right to safe and healthy working conditions
Right to adequate standard of living including adequate food, clothing and
housing.
Right to social security and insurance
Right to health
Right to education
6.5
New Rights in South Africa
(i)
(ii)
(iii)
(i)
(ii)
(iii)
(iv)
The constitution of South Africa guarantees its citizens several kinds of new rights
Right to privacy, so that citizens or their homes cannot be search their phones
cannot be tapped, their communication cannot be opened.
Right to an environment that is not harmful to their health.
Right to have access to adequate housing.
Right to have access to health care services, sufficient food and water, no one may
be refused emergency medical treatment.
82
INFRONT OF SHRAVAN KANTA PALACE PLOT NO. 10, AXIS BANK, AYODHYA BYPASS ROAD
INDRAPURI, BHOPAL 7415182533, 9669687655, 7697542831.
SUNSHIELD CLASSES
All progress, change, and Success is based on a foundation at convenience
Q.
A.
Who was Batisha Hoxha? How was her family tortured by the Serbian troops?
Batisha Hoxha was 74 year old Albanian woman. The Serbian troops entered her
house and shot lzet, her husband, dead. They pulled the wedding ring off Batisha
Hoxha’s finger and pushed her out of the house when it was raining outside. She
had no house, no husband and no possessions. It all had been done under the
direction of Milosevic, who was later tried by an International Court of Justice for
crimes against humanity.
Q.
A.
What are Fundamental Rights?
The FRs are those basic conditions which are considered essential for the
happiness, comfort, prosperity and all-round development of a citizen. After the
inclusion of the Bill of Rights in the UN Charter, it has become obligatory for all
member nations to enshrine these basic rights in their constitutions. These
conditions are called ‘Fundamental Rights’ in political terminology.
Q.
A.
What are the constraints on the Right to Freedom?
To safeguard the integrity and sovereignty of the country and not to violate others
right to freedom, the government can impose certain restrictions on your freedom
in the large interest of the society. These are
Your freedom should not cause public nuisance or disorder.
Your are free to do anything but it shouldn’t injure anyone else.
Freedom is not unlimited license to do what one wants.



Q.
A.
(i)
(ii)
(iii)
Q.
A.
(i)
(ii)
(iii)
Q.
A.
(i)
(ii)
(iii)
Mention the Cultural and Educational Rights of minorities.
Any section of citizens with a distinct language or culture have a right to conserve
it.
Admission to any educational institution maintained or aided by government
cannot be denied to any citizen on the ground of religion or language.
Minorities have the right to establish and administer educational institutions of
their choice.
Explain: Right to Constitution Remedy?
Or
How does Constitution safeguard Fundamental Rights?
There is a provision in the Constitution to safeguard the citizen’s rights.
Every citizen has right to knock at the door of the court to enforce his rights.
He can challenge any act of the government which violates or encroaches on his
rights.
Courts can issue writs to the government, such as habeas corpus, mandamus,
prohibition, quowarranto and certiorari.
Mention any three rights of a detained person.
Or
Mention the safeguards provided against arbitrary arrest and detention.
A person who is arrested and detained in custody will have to be informed of the
reasons for such arrest and detention.
A person who is arrested and detained shall be produced before the nearest
Magistrate within a period of 24 hours of arrest.
Such a person has the right to consult a lawyer or engage a lawyer for his defence.
83
INFRONT OF SHRAVAN KANTA PALACE PLOT NO. 10, AXIS BANK, AYODHYA BYPASS ROAD
INDRAPURI, BHOPAL 7415182533, 9669687655, 7697542831.
SUNSHIELD CLASSES
All progress, change, and Success is based on a foundation at convenience
Q.
A.
(i)
(ii)
(iii)
Q.
A.
1
2
3
4
Q.
A.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Q.
A.
What do you mean by Public Interest Letigation (PIL)?
Under the PIL any citizen or group of citizens can approach the Supreme Court or
a High Court for the production of public interest against a particular law or
action of the government.
One can write to the judges even on a postcard.
The court will take up the matter if the judges find it in public interest.
Distinguish between Fundamental Rights and Directive Principles.
Fundamental Rights
These are basic rights guaranteed by
the Constitution.
These are justiciable.
These are more political in nature.
The government is bound to grant
these right to the citizens
1.
2
3
4
Direction Principles
These are directions given by the
Constitution to the government.
These are not justiciable.
These are socio-economic in nature.
Government
may
follow
these
principles or may not follow.
Explain the type of writs which the courts issue to protect the rights of citizens.
An order issued by a court to the government is called a writ. Some of the writs are
as follows.
Habeas Corpus: The court can order the government to produce before it a
detained person, so that it can know the reason for his detention and set him free
if there is no legal justification for the detention.
Mandamus: The court may issue a command to any public or quasi-public legal
body which has refused to perform its legal duty.
Prohibition: It is issued by a Higher Court to stop the proceedings in a lower
court on the ground that the Lower Court does not have the jurisdiction to deal
with the case.
Quo Warranto: It is issued by a court to a public servant to inquire into the
loyality of his holding a public office and to remove him if his claim is not well
founded.
Certiorari: It is issued by the Supreme Court to Lower Court in order to quash
its order or decisions.
What is National Human Rights Commission? What are its functions and powers?
National Human Rights Commission is an independent commission. It was set up
by law in 1993. Like judiciary, the Commission is independent of the government.
The Commission is appointed by the President and includes retired judges, officers
and eminent citizens.
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INDRAPURI, BHOPAL 7415182533, 9669687655, 7697542831.