ICSE VII CIVICS State Executive

STATE EXECUTIVE

What is Federal Government?

Federal government is a form of government in which the political power is divided between the Union or Central Government and the state government. The administration at the state level is carried out by the state governments.

What are the features of the Executive branch at the State level?

At the state level, the Executive branch of the government

·       Has a nominal head the Governor

·       Has the actual head the Chief Minister who is assisted by the Council of Ministers, Advocate General and Civil Services officers.

Governor is the nominal head. Comment

The Governor is the constitutional or nominal head of the State Executive. He or she is appointed by the President on the advice of the Prime Minister. All executive actions in the state are carried out in the name of the Governor. The real power is in the hands of the Chief Minister.

What are the terms of appointment, extension and termination?

Governor holds office for a period of five years.

His or her tenure can be extended as well.

He or she can be removed by the President before the completion of the term.

List the qualifications for the post of a Governor?

·       Should be at least 35 years of age

·       Should be an Indian Citizen

·       Should not be a Member of the Parliament or the State Legislative Assembly.

·       Should not hold any office of profit under the Government

What are the salary and allowances enjoyed by the Governor?

The Governor gets a monthly salary and is entitled to rent free accommodation in Raj Bhawan, allowances and pension after retirement.

What is the official residence of Governor called?

The official residence of the Governor is called the Raj Bhawan.

List the three Executive powers of the Governor.

1. He or she appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister.

2. He or she also appoints other ministers of the State Council on the advice of the Chief Minister.

3. He or she also appoints the Chairman of the State Public Commission and Advocate General.

List the Legislative powers of the Governor.

·       The Governor addresses the opening session of the State Legislature every year. He or she also addresses the first session of the newly elected Legislature.

·       When the State legislature is not in session the Governor can issue Ordinances which can be  enforced usually for a period of six weeks after the state Legislature meets again

·       All Bills passed in the State Legislature have to be approved and signed by the Governor.

·       The Governor can retain a Bill passed by the State Legislature and can send it to the Centre for its approval.

Under what circumstances can the Governor issue ordinances?

When the State legislature is not in session the Governor can issue Ordinances which can be enforced usually for a period of six weeks after the state Legislature meets again

What are the two legislative powers of the Governor with reference to the Bill?

·       All Bills passed in the State Legislature have to be approved and signed by the Governor.

·       The Governor can retain a Bill passed by the State Legislature and can send it to the Centre for its approval.

What are the financial and judicial powers of the Governor?

Judicial Powers-The Governor can grant pardon, suspend or reduce a sentence passed by a court in the state.

Financial Powers-The Governor recommends the State Budget before it is presented in the State Legislative Assembly every year.

What is Presidential Rule?

 Presidential Rule is the rule by the President of the country when an Emergency is declared in a state.

What are the discretionary powers of the President?

·       If the Governor is satisfied that the governance of the state cannot be carried on in a constitutional manner, he or she can make a report to the President.

·       The President, on the basis of the report may dissolve the State Legislative Assembly or keep it under suspension or dismiss the Council of Ministers.

What are the discretionary powers of the President in a state?

·       If the Governor is satisfied that the governance of the state cannot be carried on in a constitutional manner, he or she can make a report to the President.

·       The President, on the basis of the report may dissolve the State Legislative Assembly or keep it under suspension or dismiss the Council of Ministers.

·       An Emergency is then declared in the state and the state comes under Presidential Rule.

However, the President has the power to declare an Emergency in the state even without a report from the Governor

Describe the formation of the State Council of Ministers.

After the General Elections to the State Legislative Assemblies, the leader of the majority party or largest coalition or single largest party in each state is invited by the Governor to form the state government. The Governor appoints them as Chief Ministers of their respective states.- The Governor appoints the members of the Council of Ministers on the recommendation and advice of the chief minister.

Who was the first woman Governor of an Indian state?

The first woman Governor of an Indian state was Sarojini Naidu. After independence, in 1947, she became the Governor of Uttar Pradesh. She retained the post until her death on 2 March 1949.

What powers the Chief Minister have as the head of Council of ministers?

1.   The Chief Minister is the head of the Council of Ministers.

2.   The Chief Minister distributes portfolios to the ministers of the State Council of Ministers.

3.   He or she presides over the meetings of the Cabinet and the Councils of Ministers and communicates all decisions taken to the Governor.

4.   The Chief Minister may ask ministers to resign if he or she is not satisfied with their work

How many categories of ministers are there at the state level? Name them.

At the state level, there are three categories of ministers in the Council-

1.   Cabinet Ministers,

2.   Ministers of State

3.   Deputy Ministers

What are the functions of the Cabinet Ministers at the state level?

·       All important executive decisions are taken in the cabinet. The decisions are binding on the entire Council of Ministers.

·       Each department in the state government is headed by a Cabinet Minister or a Minister of State.

·       One Minister may be in charge of more than one department.

How are the responsibilities of the chief minister at State level similar to that of the Prime Minister at the Union Level?

The Chief Minister has responsibilities similar to those of the prime Minister. He or she is responsible for the success or failure of his or her government.

Chief Minister is the most powerful executive in the State. Comment

1.   The Chief Minister is the real head of the State.

2.   The Chief Minister is the head of the Council of Ministers.

3.   Chief Minister is the leader of the majority party after the General Elections of the State

4.   The Chief Minister is the head of the State Legislature.

5.   The Chief Minister distributes portfolios to the ministers of the State Council of Ministers.

6.   Other ministers are appointed by the Governor on advice of the chief minister.

7.   He or she presides over the meetings of the Cabinet and the Councils of Ministers and communicates all decisions taken to the Governor.

8.   The Chief Minister has responsibilities similar to those of the prime Minister. He or she is responsible for the success or failure of his or her government.

9.   The Chief Minister may ask ministers to resign if he or she is not satisfied with their work

The Council of Ministers is collectively responsible to the State legislative assembly. Explain.

The Council of Ministers is collectively responsible to the State Legislative Assembly. If a vote of no-confidence is passed against any one minister, the entire ministry has to resign forthwith.

What are Union Territories? Why are they not given the status of a state?

Union Territories are governed by the President through a Lieutenant-Governor or a Chief Commissioner or Chief Administrator. India has seven Some Union Territories.

Union Territories do not enjoy the status of a state.

What exception does the union territory of Puducherry enjoy?

The Union Territory of Puducherry has a Legislative Assembly and a Council of Ministers.

ICSE VII CIVICS Judiciary

JUDICIARY

Define Judiciary.

Judiciary is the third branch the Indian government which provides for the single integrated system of courts for the Indian states and Union Territories.

What is the task of Judiciary?

The task of the judiciary is to interpret and safeguard the Constitution and the laws made by the Legislature and punish those who break laws and violate the Constitution.

What is the role of the judges in the court of law?

The Judges preside over the courts and deal with cases against individuals, organizations and governments.

Draw and explain the hierarchy of courts in the judicial system in India.

· At the apex of the judicial system is the Supreme Court of India, located in New Delhi.

· Below the Supreme Court are the High Courts in each state.

· The State High Courts have a number of Subordinate Courts below them- District Courts, Revenue Courts, Panchayats and Lok Adalats.

How is concept of equality before law in the Indian constitution maintained?

· In keeping with the concept of equality before the law in the Indian Constitution, The Judicial process works in the following manner

· When a crime is committed, the police can arrest the suspected persons but cannot directly punish him. First, his guilt must be proved in a court of law.

· The court passes judgments according to the laws of the land and the Constitution, which are appropriate for the crime committed.

· In case of disputes between two or more persons or organizations, the court decides which party is in the right.

· Judgments are supposed to be made impartially without bias or prejudice.

This in keeping with the concept of equality before the law in the Indian Constitution

With reference to the Supreme Court of India answer the following questions:

Where is the Supreme Court located?

The Supreme Court the highest judicial authority in the country is located in New Delhi.

When was the Supreme Court inaugurated? Where did the inauguration take place?

The Supreme Court came into being on 28 January 1950; two days after India became a Sovereign Democratic Republic.

The inauguration took place in the Chamber of Princes in the Parliament building. The Chief Justice of India, Sri Harilal J. Kania, presided over the inaugural function.

What is the composition of the Supreme Court?

The Supreme Court has one Chief Justice and a number of other Judges. At present, the number of Judges including the Chief Justice cannot exceed twenty-five.

How are the judges of the Supreme Court appointed?

The Judges of the Supreme Court are appointed by the President on the advice of the Council of Ministers and the Chief Justice of India.

How is the Chief Justice of India appointed?

The Chief Justice is appointed by the President on the advice of the other judges of the Supreme Court.

What are the qualifications of the judges of the Supreme Court?

Supreme Court Judges must have the following qualifications:

. They must be citizen of India.

. They must either be advocates of a High Court or of two or more such courts in succession for at least 10 years or they must be Judges of High Court of 5 years standing.

What is the term of the judges?

The judges of the Supreme Court hold office until they are 65 years of age.

What is the procedure for removal of the Supreme Court judges?

The President cannot dismiss Supreme Court Judges before the end their term. Supreme Court Judges can only be removed on grounds of proven misbehavior, incapacity by a procedure laid down in the Constitution.

They can be impeached by a two-third majority vote of both the Houses of Parliament.

What are the salary and allowances of the Chief Justice and the Supreme Court judges?

The Chief Justice draws a monthly salary. The judges get a monthly salary. Apart from the salary the Judges are entitled to free accommodation, transport and other allowances.

With reference to the powers of the Supreme Court of India answer the following questions:

What are the three kinds of powers of the Supreme Court?

The Supreme Court has three kinds of powers to pass judgments in civil and criminal cases

1. Original Jurisdiction

2. Appellate Jurisdiction and

3. Advisory Jurisdiction

What is original jurisdiction?

or

Mention the kinds of disputes brought before the Supreme Court.

Certain cases are brought before the Supreme Court directly for the first time. This happens in cases of

· If there are disputes between the union government and a state government or more than one state government

· If there are disputes between two or more state governments.

· Cases concerning the violation of the Constitution by the government or an individual.

· In cases involving the violation of the Fundamental Rights of an individual.

What is the Appellate Jurisdiction of the Supreme Court?

Appellate Jurisdiction

The Supreme Court hears appeals against judgments of High Courts. The Supreme Court is the final court of appeal and has the power to review and change decisions of the High Court.

Explain briefly Advisory Jurisdiction of the Supreme Court.

Advisory Jurisdiction

The Supreme Court can advise the President, on request, on legal and constitutional issues. The President may or may not accept the advice.

Why the Supreme Court is called the Court of Records?

The Supreme Court records and prints out all the cases it handles and all judgments which are passed. These records serve as references in future cases. Thus, the Supreme Court functions as the Court of Records.

With reference to the High Court answer the following questions:

What is the position of the High Court in the judicial system of India?

High Court is the highest judicial authority in the state.

What is the composition of the High Court of India?

At the highest level in the High Court is the Chief Justice. There are a number of other Judges. This number is decided, according to the size of that state by the President.

How are the Chief justice and the judges of High Court appointed?

The President appoints the Chief Justice of the High Court in consultation with the Chief Justice of India and the Governor of the state concerned. The other Judges are appointed by the President on the advice of the Chief Justice of India, the Chief Justice of the High Court and the Governor of the state concerned'

What are the qualifications of the High court judges?

The qualification of Judges of a High Court is as follows:

They must be citizens of India

They must have held a judicial office in India for at least 10 Years

They must have been, for at least 10 years an advocate of a High Court' or of two or more such courts in succession.

What are the salary and allowances of the High Court judges?

The Chief Justice of High Court and the other Judges get a monthly salary.

The Judges of the-High Court also get other allowances by the Parliament from time to time.

They are given free and furnished houses with necessary facilities.

What is the term and procedure for removal of judges of High Court?

Judge s of the High Court serves until they are 62 years.

They can resign earlier or can be removed from office by the President if they are impeached.

Court Judges can only be removed on grounds of proven misbehavior, incapacity by a procedure laid down in the Constitution.

They can be impeached by a two-third majority vote of both the Houses of Parliament.

With reference to the powers of the High Court answer the following questions:

Why does the High Court maintain a record of proceedings and judgments?

The High Court maintains records of the proceedings and decisions. These records serve as references for lower courts in future cases.

List the four powers of the High Court

The High Court is the highest court of justice in a state.

A High Court has original Jurisdiction i.e. It can hear original cases (cases brought to it for the first time). These cases can involve disputes concerning Fundamental Rights, election petitions and related disputes.

A High Court has Appellate Jurisdiction where it can hear appeal against judgments passed in subordinate Courts such as the District Courts.

The High Court can review and change decisions taken in the Subordinate Courts. It can also transfer a case from one court to another.

A High Court controls and supervises the functioning of Subordinate Courts.

It maintains records of the proceedings and decisions. These records serve as references for lower courts in future cases.

With reference to Subordinate Courts answer the following questions:

What are subordinate courts?

Subordinate Courts are lower courts under each High Court.

Which is the highest court in the district? What types of cases does it hear?

The District Court is the highest civil court in the district. These try civil cases and also hear appeals against decisions of lower court.

What is the power of a court of district and sessions judge?

Court of the District Judge is the highest court in the district to judge civil cases it also hears appeal against decisions of the lower courts.

Court of the Sessions Judge is the highest court in the district to judge criminal cases.

What are revenue courts?

Revenue Courts cases regarding payment of revenue are in Revenue Courts. Land revenue is the main source of income for a State Government.

What are Nyaya Panchayats?

Nyaya Panchayats are small law courts in the Panchayati system at the village level.

What are the powers and functions of the Nyaya Panchayat?

Nyaya Panchayats try petty-civil and criminal cases such as trespassing, personal disputes, minor thefts, etc. It can impose fine upto Rs 100 only.

Appeals can be made against decisions taken in the Nyaya Panchayats to higher courts.

What are a Lok Adalats? How do they function?

The Lok Adalats are cheaper and quicker judicial services.

Lok Adalats are usually by presided over by retired judges.

The disputing parties can argue their cases directly without advocates

Discussions, persuasions and compromises are encouraged to settle disputes.

Where was the first Lok Adalat held?

The first Lok Adalat was held at Delhi in 1995. It settled almost 150 cases in one day.

Why are Lok Adalats becoming popular?

Lok Adalats are popular because they provide cheaper, affordable and speedy justice.

What is the objective of legal aid scheme?

According to the Indian Constitution, all citizens are equal before the law, irrespective of caste, creed, social status, gender or religion.

Mention three sections of society who receive free legal services under the Legal Aid Scheme? [any three]

Under the Legal Aid Scheme, free legal aid and legal services are made available to the poorer and weaker sections of the society.

The five sections for which free legal services are provided by the government are:

People belonging to the Scheduled Castes, Scheduled tribes and backward classes

People who are mentally ill or disabled

Women and children

Victims of trafficking in human beings or beggars.

Persons whose annual income is less than Rs. 25,000, or such other higher amount as may be prescribed by the state government (if the case is put before any court other than the Supreme Court)

Persons with an annual income of less than Rs 50,000, or such other higher amount as may be prescribed by the central government (if the case is presented before the Supreme Court)