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Chapter 4 Constitutional Government

1A. Choose the correct alternative and complete the following statements.

Question 1.
Unwritten Constitution exists in _____________ (United Kingdom, India .South Africa, United States)
Answer:
United Kingdom

Question 2.
In a parliamentary system there is a _____________ of legislative and executive powers. (separation, coordination, merger, centralisation)
Answer:
merger

Question 3.
The ten amendments to the American Constitution are collectively referred to as _____________ (Bills of Rights, Magna Carta, Basic Structure Doctrine, Fundamental Rights)
Answer:
Bill of Rights

1B. Identify the incorrect pair in every set, correct it and rewrite.

Question 1.
(a) Magna Carta – England
(b) Veto – United Kingdom
(c) Kesavananda Bharati Case – Basic structure doctrine
Answer:
(b) Veto – USA

1C. Find the odd word out in the given set.

Question 1.
England, Scotland, Wales, Republic of Ireland.
Answer:
The Republic of Ireland (not part of UK)

Question 2.
India, Australia, Canada, Argentina.
Answer:
Argentina (not a parliamentary system)

2. State whether the following statements are true or false with reasons.

Question 1.
Indian Federation can be described as a ‘quasi-federation’.
Answer:
This statement is True.

• The Indian Constitution provides for dual set of governments i.e Union State governments. There is a distribution of powers on the basis of three lists viz. Union list, State list, and Concurrent list.
• However, India has a federal structure with a powerful central government. The constitution framers felt that a strong Union government was needed to ensure the balanced development of the country.

Question 2.
The parliamentary system exists in the United States.
Answer:
This statement is False.

• In a Parliamentary system, there is a merger of legislative and executive functioning. There are two executives, i.e., real and normal executives. This is noticed in India, United Kingdom, etc.
• the United States follows the Presidential system based on separation of government powers. Here, there is only one executive i.e., President who is directly elected by citizens.

3. Explain the co-relation between the following.

Question 1.
Legislature and Executive in a parliamentary system.
Answer:
In a parliamentary system, there is a fusion of legislative and executive functions. The real executive i.e. the Prime Minister and Council of Ministers is drawn from the Legislature. There are no separate elections for the post of Prime Minister and other Ministers. The Prime Minister and the Ministers play a dual role i.e., they are part of both Legislature and Executive. Thus, they also attend Parliamentary sessions.

The leader of the party or group which commands a majority in the legislature is invited by the nominal executive (President) to form the government and assume the post of Prime Minister. The Ministry stays in power only as long as it enjoys majority support in Parliament. The lower house of the Parliament in England (House of Commons) and in India (Lok Sabha) can pass a vote of no-confidence against the Ministry which means that the Prime Minister and his/her Council of Ministers must resign. This is due to parliamentary sovereignty. Thus, the executive is subordinate to and responsible to the Parliament (legislature).

Question 2.
President and Legislature in a presidential system.
Answer:
In a Presidential system, there is a separation of government powers and a system of checks and balances. The President i.e., head of the executive is directly elected by the citizens for a fixed tenure. He/she enjoys powers granted to the office by the constitution and must conduct his/her administration in accordance with laws passed by the legislature. Members of the executive are prohibited from being members of the legislature.

The legislature is also popularly elected. Its powers are not absolute since the President can exercise ‘Veto Power’ to reject a law passed by the legislature. Similarly, the legislature can also impeach the President if it is proved that the constitution has been violated by him/her. The President continues in office irrespective of whether he/she enjoys majority support in the legislature. However such lack of support may lead to a breakdown or impasse in government functioning.

4. Answer the following questions.

Question 1.
Explain constitutionalism and constitutional morality.
Answer:
Constitutionalism refers to the idea that there should be limitations on the powers of the government which may be specified in the constitution or may arise due to historical developments. The Magna Carta (Great Charter) (1215) and Bill of Rights (1689) in England were attempts to restrict the powers of the Monarchs. As the concept of separation of legislative, executive, judicial powers became popular, so also, the idea of restricting powers of the government as a whole emerged. The origins of constitutionalism can be traced to the Social Contract Theory propounded by John Locke. He believed that people should have the right to change the government if it committed any wrongdoings.

The first ten amendments to the American Constitution (collectively called the Bill of Rights) imposed restrictions on the government. The Indian Constitution also restricts government jurisdiction so that it doesn’t violate Fundamental Rights.
Any constitution is subject to amendments. Thus, it is possible that certain governments may use their amendment powers to remove restrictions, on their policies and actions.

In any democracy, Constitutionalism refers to restrictions on the power of the government and adherence to the spirit of the constitution. It refers to the values which form its foundations and the manner in which those who hold power are expected to behave. This can be described by the term ‘Constitutional Monarchy’.

5. Answer the following in detail with reference to the given points.

Question 1.
Explain Constitution and its three distinct interrelated components.
(i) What is a Constitution?
(ii) set of rules
(iii) set of rights
(iv) set of objectives and values
Answer:
(i) The constitution is the highest law of the country. It reflects the objectives of the state and the rights and aspirations of its citizens. It establishes the rule of law and sets limits on government authority. A constitution is a living document that indicates the way in which a country is governed. The primary function of the constitution is to lay out the basic structure of the government according to which the people are to be governed. A constitution has three distinct but interrelated components.

(ii) Set of Rules – A constitution is a set of rules that describes the structure, powers, and functions of the three organs of government to ensure that each organ functions without its jurisdiction. It lays down the limitations on what the government can do or cannot do.

(iii) Set of Rights – A constitution lists the rights of the citizens, means for the protection of these rights, and the duties of citizens. It also lists the means of protecting the rights e.g., in India, the judiciary is entrusted with protecting the rights. The rights guaranteed by the constitution are not unlimited i.e. they are subject to reasonable limitations.

(iv) Set of Objectives and Values – A constitution enumerates the values and objectives that it seeks to fulfill. For e.g., the Indian Constitution seeks to ensure the values of justice, liberty, and equality.

Intext Questions and Answers

Find out! (Text Book Page No. 30)

How many times has the Indian Constitution been amended? What was the latest amendment?
Answer:
Amendments refer to changes in certain provisions of the constitution. In India, Article 368 deals with the amendment procedure. Till March 2019, the Indian Constitution has been amended 103 times. The 101st amendment (July 2017) introduced GST, the 102nd amendment gave constitutional status to National Commission for Backward Classes, and the 103rd amendment provided for a maximum of 10% reservation for economically weaker sections (EWS) by amending Articles 15,16. (Right to Equality)

Find out! (Text Book Page No.32)

Make a list of all Prime Ministers of India with their tenure.
Answer:

1. Jawaharlal Nehru (August 1947 – May 1964)
2. Gulzarilal Nanda – Acting Prime Minister (27 May 1964 – 9 June 1964, 11 January 1966 – 24 January 1966)
3. Lai Bahadur Shastri (June 1964 – January 1966)
4. Indira Gandhi (January 1966 – March 1977, January 1980 – October 1984)
5. Morarji Desai (March 1977 – July 1979)
6. Charan Singh (July 1979 – January 1980)
7. Rajiv Gandhi (October 1984 – December 1989)
8. V. P. Singh (December 1989 – November 1990)
9. Chandra Shekar (November 1990 – June 1991)
10. P. V. Narsimha Rao (June 1991 – May 1996)
11. A. B. Vajpayee (May 1996 – June 1996, March 1998 – May 2004)
12. H. D. Deve Gowda (June 1996 – April 1997)
13. I. K. Gujral (April 1997 – March 1998)
14. Dr. Manmohan Singh (May 2004 – May 2014)
15. Narendra Modi (May 2014 – till date)

Find out! (Text Book Page No. 34)

Name any four American Presidents who belonged to the Republican Party and for who belonged to the Democratic Party
Answer:

• Republican Party – Abraham Lincoln, Richard Nixon, Ronald Reagan, George H. W. Bush, George W. Bush.
• Democratic Party – F. D. Roosevelt, J. F. Kennedy, Bill Clinton, Barack Obama, Donald Trump.

Do this. (Text Book Page No. 35)

Look at the following subjects (Seventh Schedule of the Indian Constitution):

• Law and Order
• Atomic Energy
• Banking
• Agriculture
• Police
• Electricity
• Education
• Railways
• Public health
• Foreign affairs
• Forests.

Find out which of these subjects is in Union, state, or concurrent list.
Answer:

Activity (Text Book Page No. 36)

What are the rights mentioned in the Bill of Rights of the American Constitution?
Answer:
The Bill of Rights refers to the first ten amendments of the US constitution. Some of the rights include.

• First Amendment prohibits the making of any law impeding the free exercise of religion or restricting the freedom of speech or of the press or to assemble peacefully.
• The Second Amendment protects the individual right to keep arms.
• The Fifth Amendment protects against double jeopardy and self-incrimination.
• The sixth amendment establishes a number of rights of the defendant in a criminal trial such as speedy, public trial by an impartial jury, the assistance of counsel, etc.
• The Tenth amendment reinforces the principles of separation of powers and of federalism.