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ICSE.

Guru Self Learning Series

X ICSE REVISION NOTES


CIVICS
By Team Nurture

2014-15

www.icse.guru

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

Chapter-1
The Union Legislature
The Parliament
The constitution of India lays down that there shall be parliament for the union. The parliament
consists of the elected representative of the people consists of the elected representatives of
the people who makes laws for the people on their behalf.
The Lok Sabha
Composition

The lower house of the parliament is called the Lok Sabha. It consists representatives of
the people. The constitution originally fixed the maximum strength of the lok sabha at
500 members.
The present strength of Lok Sabha is 545 members.

Parliamentary Constituencies

Territorial areas set up for the purpose of election in each state or union territory known
as parliament constituencies. At present there are 545 constituencies against 543 seats
to be contested for the Lok Sabha.

Reservation of Seats

The reservation is to be made on the basis of the population ratio of the scheduled
castes & scheduled tribes for 49 seats. The election of the Lok Sabha is direct, that is,
the people themselves elect the candidate of their choice.
Election is held through secret ballot, that is, every voter casts his/her vote secretly for a
candidate of his/her choice without fear.

Qualification for Membership

He or she should be a citizen of India.


He or she should not be less than 25 years of age.
He or she should not be proclaimed criminal, that is, he or she should not be convict, a
confirmed debtor or otherwise disqualified by law.
He or she should have his/her name in the electoral rolls in a part of the country.

Disqualification of Membership

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

He or she should holds an office of profit under the government of India or government
of any state but not a minister for the union or for a state.
He or she is of unsound mind & stands so declared by a competent court.
He or she is an undercharged insolvent.
He or she has ceased to be a citizen of India or has voluntarily acquired citizenship of a
foreign state or is under acknowledged allegiance or adherence to a foreign power.
He or she is disqualified by a under any law made the parliament.

Vacation of Seat

A member of the Lok sabha may vacate his seat simple by writing a letter to the speaker
indicating the fact that he or she is vacating his seat.
He or she may be removed on grounds of defection s per norms laid down under the
tenth schedule.
He or she may also be removed if he or she is absent from the house for more than 60
days.

Tenure

The term of the Lok Sabha is five years.

Sessions

A session refers to the period during which the house meets to conduct Business. The
sessions of the Lok Sabha are summoned by the president of India.

Quorum.

Quorum is the minimum number of members that is 1/10 of the total strength of the
house required to conduct business of the house.

Languages of parliament

The members of the parliament may use Hindi or English debates or discussions in the
house.

The Speaker

The speaker is the presiding officer of the Lok Sabha. He is selected


He is selected by the house from among its member b simple majority.
The constitution provides that when the house is dissolved, the speaker shall not vacant
his office.

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

The normal tem for the speaker is 5 years.

Removal of the speaker

The speaker may resign from his office by submitting a letter of resignation addressed to
the deputy speaker.

Power & function of the speaker


Regulatory Powers
(A) The speaker presides over the meetings of the Lok Sabha & maintains order & decorum
in the house during parliamentary proceedings.
(B) He or she interrupts the rule of procedure & applies them while conducting proceedings
of the house. His or her interpretation of proceedings remains final.
(C) He or she makes an agenda for the house & allocates time to various items on the
agenda.
(D) The speaker admits or disallows questions, adjournment motions tabled by members of
the house, resolution & points of order.
(E) He or she recognizes members on the floor of the house & allots them time to speak.
(F) He or she can order a member to field the floor to another member of the house.
Supervisory Powers
(a) A number of parliamentary committees work under the speakers chairmanship.
(b) He or she appoints the chairman of various committees of the house & issues
instructions for their guidance.
(c) He or she may expel a member from the house for the day or the whole session if he or
she finds that the latter is spoiling the decorum of the house.
(d) He or she may adjourn the house in case of grave disorder.
(e) He or she may direct the government to supply some particular information to the
house or its committees.
(f) The speaker accepts the resignation of a member of the house or refuses to accept a
resignation on the ground that the member was compelled to do so against his will.

Miscellaneous Powers
(A) The speaker presides over the joint session of both houses of parliament whenever such
session is convened.
(B) He or she decides whether a particular bill is a money bill or not.
(C) He or she has a casting vote in case of a deadlock.

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

(D) He or she makes nomination for parliamentary delegations.


(E) He or she is the chief spokesman of the house & he works as a channel of
communication between the president & the House.
The Rajya Sabha

The rajya sabha or the council of states is the upper house of the union parliament. It
represents the regional interests of the 28 states & seven union territories.

Composition

The maximum strength goes Rajya Sabha is 250 members. 238 members are elected by
the states & union territories & 12 members are nominated by the president of India
among from persons having special knowledge or practical experience in matters such
as arts, science, literature, or social science.

Qualification for Membership


(A) He or she must be 30 years of age.
(B) He or she should not be a proclaimed offender.
(C) He or she should not have his name on the electoral its.
(D) He or she should not hold any office of profit under the government.
Tenure

The rajya sabha is permanent house. 1/3 of the members retire every 2 years.

Sessions

The sessions of the Rajya Sabha are summoned by the resident of India. There must be
at least 2 session of the Rajya Sabha in a year.

Quorum

1/10 of the total membership of the Rajya Sabha constitutes the Quorum for holding a
meeting of the house.

Privileges of members of parliament


1.
2.
3.
4.

Freedom of Speech
Freedom from arrest
Freedom from jury-service
Freedom of movement

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

5. Freedom to regulate their affairs.


6. Facilities & allowance.
Parliamentary procedures

Certain formalities which the legislator observes in the parliament as well as in the state
legislatures are known as parliamentary procedures.

Oath

The elected member in the general elections or by election or midterm elections have to
take an oath & affirm solemnly before taking part in the proceedings of the house,
according to the form set for the purpose in the third schedule of the constitution.

Quorum

Quorum is the minimum number of members required to be present in the house


before it can transact its business.

Casting Vote

Decision in the house is taken unanimously or by a majority vote. But if the votes for &
against a proposition are equal, that is to say, if there is a tie, the speaker of the
respective house has the power to cast his vote in order to decide the issue. Such a vote
is known as the casting vote.

Question Hour

The first hour of every working day of the house is normally reserved for questions to be
asked by the members.

Resolution

A resolution is a motion through which the house expresses its majority opinion on a
matter of public interest. A member must give a 15 day notice before bringing up such a
motion.

Motion

When a matter of urgent public interest is sought to be discussed in the house, it is


called
a
motion.
Motion of Thanks

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

The first session of the new parliament & the first session of every fiscal year are
addressed by the president.

Substantive Motion

It is resolution expressing opinion of the house on a particular manner.

Motion for Impeachment

When the president, the vice president, the speaker or a judge acts in violation of the
constitution, the parliament moves a resolution to impeach such a dignitary.

Adjournment Motion

The adjournment motion is meant to compel the government to take proper action in
order to solve the problem.

No-Confidence Motion

A no-confidence motion is a negative vote which can be passed against one minister or
the entire ministry.

Parliamentary Committees
1. Business advisory Committee
2. Select Committee
Powers of the parliament
(A) Being the law making body at the national level, the parliament has exclusive legislative
jurisdiction over the 97 subjects in the union list.
(B) Both the parliament & the state legislatures have the right to make law on 47 subjects in
the concurrent list.
(C) The parliament can also enact laws on 66 subjects on the state list.
(D) The parliament can make laws on residuary subjects, that is, those subjects who are not
there in the union list, the state list & even in the concurrent list.
(E) The parliament can amend the constitution, though in certain cases these amendments
must be ratified by a majority of the states.
(F) All ordinances issued by the president must be approved by the parliament within six
month weeks after his session has begun, failing which such ordinances lapse.
(G) Emergency proclamations made by the president must be approved by the parliament
with a month from the date of their proclamation.

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

Financial Powers
The parliament controls the union finances. Nothing can be spent or controlled by way of taxes
without the approval of the parliament.
Annual Budget

The parliament passes the union budget which is the statement containing estimates of
income & expenditure for the financial year which begins from 1 April & ends on 31
march of the following year.

Consolidated fund of India

Certain items of expenditure such as salaries of the president, judges of the Supreme
Court & other top officials are not put to vote in the parliament.
Our constitution lays down that such expenditure shall be met from a central fund
called the consolidated fund of India.

Salaries of the members of the parliament

The parliament decides the salaries & allowances of its members & other dignitaries
such as Ministers.

Control over the executive


Control over the government

The constitution provides that the union council of minister is collectively responsible to
the Lok Sabha.

Right of Interpellation

When the parliament is in session, one four a day is reserved for asking questions from
the government. This hour is known as the question hour. The right of asking questions
is called the Right of Interpellation.

Adjournment Motions

The parliaments can exercise its control over the government through adjournment
motions which are tabled on serious matters such as a fotal railway accident.

Other Motion of Censure

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

Such motions include motion of censure against a minister or ministers rejection of a


government Bill & passing of a private members bill against the wishes of the
government.

Monetary Controls

The parliament can exercise a monetary control over the government by voting cut in
the budget or a cut in the salaries of the Ministers against opposition from the members
of parliament of the political party in power.

Judicial Powers
(A) The parliament can impeach the president for any violation of the constitution
(B) The parliament can remove the judges of the Supreme Court, the high court, the
election commissioner & the controller & auditor general of India if they are found
guilty of violating a clause of the constitution.
(C) The parliament can condemn a person, irrespective of his status, if he is found guilty of
defamation & contempt of either house of parliament.
Electoral Functions
(A) It, along with the state legislative assemblies, elects the president of India.
(B) Both the houses of the parliament elect the vice-president of India.
(C) The lok Sabha elects its speaker & deputy speaker from among its members.
(D) The rajya sabha elects its deputy chairman.
(E) The parliament also makes laws to regulate the conduct of elections in the country.
Miscellaneous Powers
(A) The parliament can amend some provisions of the constitution by a simple majority,
some by a two thirds majority of its members present & voting together with an
absolute majority in both the houses.
(B) The parliament can change the names of states in the country & may alter their
territorial boundaries & divide or subdivide a state into two or more states.
Relationship between the two houses of the parliament
Difference in the legislative field
Legislative matters are either concerned with ordinary bills or monetary bills.

Ordinary Bills

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

In case of ordinary bills, the raja sabha has almost equal powers to that of the lok sabha.
An ordinary bill ma originate in either house of parliament, it becomes an act after
having been assented to by the president.

Money bills

As far as money bill are concerned, the Rajya sabha ha practically no powers. All money
bills relating to taxation or expenditure must be imitated in the Lok Sabha.
When such a bill is passed b the lok sabha, it is referred to the raja sabha for its
approval.

Control over the executive

Both the houses have the right to ask questions & to introduce various kinds of motions
against the government.
Election of the president & the vice-president of India
Both the house enjoys equal right in these elections.

Impeachment

Both the house has equal rights in matters of impeachment of the president of India or
chief justice, judges of supreme courts or high court.
Subjects on the state list
It is the privilege of the raja sabha to decide that a particular subject in the state list has
assumed national importance or not & that it should be included in the union list of
subjects.

All India service

The raja sabha can decide by a two-thirds majority to set up a new all-India service.

Emergency provisions

When a state of national emergency is proclaimed due to external aggression or internal


disturbance & the lok sabha is dissolved, the rajya sabha looks after all the
responsibilities of the union legislative.

Legislative Procedure in the parliament


Passing of ordinary bills
Introduction

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

The first stage of legislation is the introduction of a bill. A member of parliament other
than a minister has to give one-month notice to the speaker regarding his intention to
move a bill.
When the bill is submitted to the speaker with its aims & objectives, a date & time is
fixed on the agenda of the house for its introduction.

Committee stage
After granting leave to introduce the bill, the house may do one of the following:
(A) It may immediately take up the bill for consideration.
(B) It may refer it to a select committee of the house.
(C) It may refer to a joint committee of the two houses.
(D) It may circulate the bill for electing public opinion.
Third (Final) Reading

The third reading of the bill is a formality. At this stage no substantial changes in the bill
are made. The members are allowed to speak for or against the bill in the whole.

The bill in the second house

Once the bill has passed in one house, it is referred to the second house for
consideration. Where it goes through all the stages of procedure as in the first house.
When it was fully passed by both of the houses, it is considered to have been passed b
the parliament.

The presidents Assent


(A) A president may give his assent. Thus the bill becomes an act & his placed on the statue
book.
(B) He or she may rejects the bill & send it back to the parliament for reconsideration. If the
bill is passed again b both the houses with or without amendments it will be sent to the
president for the second time.
(C) The president may propose some addition, deletion or changes in the bill & send it back
to the parliament which is not bound to accept the suggestion made by the president.

Passing of Money Bill, budget

A money bill is a proposal for taxation or expenditure of public funds. Annual budget of
the country or that of a state hows the estimated receipts through taxes & estimated

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

expenditure through grants for the ensuing financial year. The following bills are to be
noted in respect of the procedure for passing the money bills:
Prior presidential bill

A money bill can be introduced in the parliament only with the approval of the president
of India.

Introduction of the Bill

A money bill is introduced in the lok sabha by the finance minister. The introduction of
the bill is also known as the first reading of the bill.

The second reading

The bill is discussed clause by clause & amendments are proposed & put to vote just as
it is done in case of ordinary bills.

The third reading

The bill is then passed or rejected as a whole by a majority vote of the house.

In the Rajya Sabha

The Rajya Sabha must return the money bill with or without is recommendations within
14 days from the date of its receipt.

The president Assent

The president s obliged to give his assent to the money bill as it has his prior approval.

Special features of the budget

Estimate Expenditure
Voting of demands
The appropriation Bill
The finance bill

Question in the parliament

Starred questions
Unstarred questions
Supplementary Questions

Class 10-Social Science-Civics-Chapter 1-The Union Legislature

Short-notice question
Anti-defection act

Class 10-Social Science-Civics-Chapter 2-The Union Executive

Chapter-2
The Union Executive
The President of India

The Union Executive of the Government of India consists of the president, the vice
president, the prime minister & his council of Ministers.
The president of the India is head of the Indian Union & he occupies the highest office in
the country.

Qualification for election


1. He or She should be a citizen of India.
2. He or she should have completed 35 years of age at the time of elections.
3. He or she should not hold any office of profit under the union government, state
government & local body.
4. He should be qualified pr election as a member of the Lok-Sabha.
5. His or her name should be proposed b at least ten electors & seconded by another ten
electors of the Electoral College which elects the president of India.
6. He or she should deposit a sum of money as security which will be forfeited if he or she
fails to secure one-sixth of the votes.
Presidents Election: the Electorate College

(a)
(b)

The president of India is elected indirectly by an electorate college which consists of:
Elected members of the Vidhan Sabha of all the Federating states.
Elected member of the Lok Sabha & Rajya sabha.
In the constitution maintains party between the parliament on the one hand & all the
state assemblies on the other?
In order to ensure uniformity among states on the one hand, as well as party between
the states & the union on the other, two specific methods for counting the value of
votes have been provided in constitution.

Votes of a Member of Legislative Assembly

Value of the vote of each member of a Vidhan Sabha is determined by dividing the
population of concerned state b the total number of the elected members of its
legislative assembly & b dividing the quotient so obtained by 1000. Thus,
Value of the vote of MLA= Population of the state /no. of elected members of its
legislative assembly /1000

Class 10-Social Science-Civics-Chapter 2-The Union Executive

Votes of an Elected Member of Parliament

Each elected member of either house of the parliament has a number of votes as may
be obtained by dividing the total number of votes assigned to the members of the
legislative Assemblies of all states b the total number of the elected members of both
house of the parliament. The remaining fraction equal to one half or exceeding it shall
be counted as one while Smaller than one-Half fraction is disregarded.
Election through system of proportional Representation-Indirect Election
The election of the president is held in accordance with the system of proportional
representation b means of the single transferable vote system. The transferable vote
system is as follows:
Every elector can indicate as many preferences as there are candidates. The elector can
indicate his choice b way of preference on the ballot paper by writing i, ii, iii, against the
names of the presidential candidates.
If a candidate gets an absolute majority of votes, he is elected & there is no need to
count the second preference votes.

Disputes in the Election

All doubts & disputes arising in connection with the election of the president can be
enquired into & decided only by the Supreme Court of India whose decision Stats final.

Term of Office

The president of India is elected for 5 years. At the Expiry of his term, he continues to
hold office until his successor take over the office.

Vacancy of the office of president


(A) On the expiry of his term of five years.
(B) On his resignation or death.
(C) On his election as president being set aside.
(D) On his removal by impeachment.
Impeachment of president

The president can be removed from office for violation of the constitution by a special
trial conducted by the government. Such removal of the president from office is called
impeachment.

Powers of the President

Class 10-Social Science-Civics-Chapter 2-The Union Executive

Executive Powers
President appoints
(A) The prime minister & the council of minister on his advice.
(B) Governor of states, the Lt Governors & chief commissioners of the union territories is
conducted through office appointed by him.
(C) The chief justices & the judges of the Supreme Court & all the high courts.
(D) The chairman & members of the union public service commission.
(E) The controller & auditor-general of India.
(F) The attorney-general of India.
(G) The chairman & members of the planning commission.
(H) The chairman & members of the economic commission.
Legislative Powers
(A) The president summons & prorogues the session of the parliament & ma dissolve the
lok Sabha even before the expiry of its term of the Prime Minister.
(B) After each general election, at the commencement of the first session of the lok sabha,
the president address both houses of the parliament assembled together & outline the
policies both national & international of the government.
(C) In case of a deadlock between the two houses of parliament on a money bill, the
president may call a joint session of the Parliament may call a joint session of the
parliament & make rules for the transaction of business.
(D) The president nominates 12 members to the Rajya sabha from among persons with
special knowledge of or practical experience in literature, science, arts, & social science.
He can nominate two members of the Anglo-India community to the lok sabha if he
feels that this community has not been adequately represented in this house.
(E) No money bill can be introduced in the lok sabha without the prior approval of the
president.
(F) The bills passed by the parliament become acts only after the president has given his
assent to them. The president ma with hold his assent if he so desires.
(G) The president can issue ordinances when the parliament is not in session. The
ordinances have the force of law, but all such ordinances must be placed before the
parliament as soon as its meets again.

Financial Powers
(A) No money bill can be introduced in the parliament without his prior consent.

Class 10-Social Science-Civics-Chapter 2-The Union Executive

(B) The annual budget containing estimates of income & expenditure of the union
government for the ensuring year is placed before the parliament by the finance
Minister on behalf of the president.
(C) The president constitutes a finance commission even five years. The finance commission
consists of a chairman & four other members to be appointed b the president.
(D) The contingency fund of India is at the presidents disposal. He can make advance
payments out of it to meet any unforeseen expenditure & recover the same after due
authorization by the parliament.
Judicial Powers
(A) The president has the power to grant pardon, to remit or suspend a sentence or
publishment on an appeal for mercy.
(B) He is not answerable to any court of law for the exercise of his powers.
(C) No criminal suit can be imitated against him during his tenure of office.
Military powers
(a) Under the constitution, the president is the supreme commander of the defense forces.
(b) He appoints the chiefs of the three wings of the defense forces subject to certain rules.
(c) He can declare war or make peace with a foreign power on the advice of the Council of
Ministers.
Diplomatic Powers
(A) The president of India represents his country in international affairs. He appoints Indian
ambassadors to foreign countries & receives ambassadors & other diplomatic
representatives of foreign nations.
(B) He enters into treaties & agreements with other nations subject to ratification by the
parliament.
Discretionary powers to the president
(A) When no political party wins the required majority in the Lok sabha Elections.
(B) When the government loses the support of the majority in Lok Sabha.
(C) When the president turns non-money bills to the government for reconsideration or
keeps it with him without giving assent to it.

Emergency Powers

Class 10-Social Science-Civics-Chapter 2-The Union Executive

(A) Emergency arising out of a threat to the security of India or of any part of it because of
war, external aggression or armed rebellion.
(B) Emergency arising out of failure of constitutional machinery in a particular state because
of political uncertainties or otherwise.
(C) Emergency arising out of the danger to financial stability & economy of the country.
Emergency Due to threat to the security of India
Its Proclamation

If the president is satisfied that a grave emergency exists whereby the security of India
or any part of it is threatened, he or she may declare a general Emergency.

Decision of the cabinet

The president cannot declare such an emergence unless the decision of the union
cabinet is communicated to him in writing. It implies that the president cannot act on
the mere advice of the prime minister.

The parliament approval

The proclamation of Emergency must be laid before both houses of the parliament. It
ceases to be in operation if not approved b resolutions of both houses of the parliament
within one month from the date of issue of the proclamation.

Duration of the Proclamation

The proclamation of Emergency, approved b the parliament, remains in force for six
months from the date of its approval by the parliament.

Effects of the proclamation

The president becomes the sole administrator of the country. The federal structure of
the country is converted into a unitary structure as a result of which the president
controls the administration of all the states of India.
The president may issue an order to suspend the right of people to move any court for
the enforcements of the rights conferred by part II of the constitution.
The Lok sabha can extend in normal life of five years by a year at a time.
The president can alter the financial arrangements between the states & the center by
issuing an order to this affect.
The parliament has the power to enact laws even on subjects in the state list.

Class 10-Social Science-Civics-Chapter 2-The Union Executive

Emergency due to Breakdown of constitutional Machinery


Its proclamation

If the president, on receipt of such a report from the governor of a state, or otherwise, is
satisfied regarding the breakdown of constitutional machinery, he or she may declare an
emergency in the state thus affected & impose presidential rule in that state.

Approval by the parliament

The proclamation of presidents rule in a state has to be approved b the parliament with
a simple majority in each house within two months from the date of its issue.

Duration of the proclamation

The proclamation of emergency in a state duly approved by the parliament remains in


operation for six months from its date of issue.

Effects of the proclamation


(A) The state administration is placed directly under the president & the union Government.
(B) The president, through the governor of the state, may dissolve the Vidhan Sabha of the
state & dismiss the council of ministers, or he or she may keep the assembly & the
council of ministers is suspended animation.
(C) The president cannot assume to himself any of the powers vested in a high court. He
cannot suspend the operation of any provision of the Indian constitution relating to the
high courts.
Financial Emergency
Approval by the parliament

The proclamation of financial emergency has to be laid before each house of the
parliament within two months from the date of its declaration.

Duration of the proclamation

The financial emergency continues till it is revoked by the president of India.

Effects of the proclamation


(A) During the financial emergence, the president may appoint a finance commission to
suggest ways & means to get the country out of the financial crisis.

Class 10-Social Science-Civics-Chapter 2-The Union Executive

(B) The salaries & allowances of the public servants under the union as well as the states
can be reduced.
(C) The salaries of even the judges of the Supreme Court & high courts can be reduced.
(D) The president can instruct the states with regard to the utilization of funds in the
manner he thinks fit.
(E) The president may order the state money bills to be submitted to him or her for assent.
Position of the president in the constitution

According to founding fathers of the constitution, the president is to function as a


constitutional head of the executive though the real executive powers are to be vested
n the cabinet.
All proclamation of emergency must be approved by the parliament. If the parliament
does not approve them, they become null & void.
The parliament power to impeach the president for violation of the constitution is a
further check on the possible arbiter use of power by the president.
On the other hand, the position of the president is not superfluous in our constitution.
The president of India is in a position to influence & to give direction to the shopping of
national policies of the country.
The president does enjoy marginal discretion in certain matters such as the
appointment of the prime minister when there is no clear majority for any party in Lok
Sabha, dissolution of the lok sabha & removal of the council of minister from office.

The Vice President


Qualification for contesting
(A) He or she must be a citizen of India.
(B) He or she must have completed the age of 35 years.
(C) He or she must be qualified for election as a member of the Rajya Sabha.
(D) He or she must not hold any office of profit under the union or any state government.
Electoral College

The vice president is elected b an Electoral college consisting of members of both


houses of the parliament, according to the system of proportional representation, by
means of the single transferable vote. The system of secrets ballot is used during voting.

Term of office

Class 10-Social Science-Civics-Chapter 2-The Union Executive

The vice president holds the office for five years. He is eligible for re-election a number
of times.

Removal of Vice-president

The vice president may be removed from office before the expiry of his term by a
resolution of the rajya sabha passed by a majority of votes & agreed to by the Loksabha.

Powers of Vice-president

The vice president is the ex-officio chairman of the rajya sabha & exercises such
functions in the house as the speaker performs in the lok sabha.
His offices as the president when the latter is unable to discharge his duties due to
illness or absence from the country.

Class 10-Social Science-Civics-Chapter 3-The Prime Minister And The Council Of Minister

Chapter-3
The Prime Minister and the Council of Minister
The Council Of Ministers
The constitution provides for a parliamentary system of democracy in our country. In this
System, the president is the titular head of the executive whereas the real executive powers are
vested in the council of Minister.
Relationship with the president
The relationship has been emphasized by various constitutional amendments:
A) According to the 42nd amendment to the constitution, the president shall act in
accordance with the advice rendered by the council of minster as expressed by the
council of minister as expressed through the prime Minister.
B) On the other hand, the 44th amendment to the constitution lies down that the
president can ask the council of minister to reconsider its own decision.
Appointment
The constitution lies down that the executive powers vested in the president shall be exercised
by him through the Minister appointed by him.
Formation
Article 75 of the constitution stipulates that the prime minister shall be appointed by the
president & the other ministers shall also be appointed b the president on the advice of the
prime minister.This is a formal proposition.
After the election of the Lok Sabha, the president invites the leader of the part that has the
majority in the Lok Sabha to form the Government & designates him as the prime minister.
When no single party secures an absolute majority may have some discretional option in the
appointment of the prime minister.
The president has the power to dissolve the Lok Sabha & order fresh elections, if he is satisfied
that there is none in the house to muster a majority.
Tenure
Council of Minister can be indicated in various was as Shown below:

Class 10-Social Science-Civics-Chapter 3-The Prime Minister And The Council Of Minister

By a Direct vote of no-confidence in the council of minister as a whole or in one of the


Ministers.
B rejecting a government bill or b passing a bill sponsored by the opposition but
opposed b the government.
By voting a cut in the annual table before the parliament budgets.
By reducing the salaries of the Ministers in the face of their Opposition.
By passing an adjournment motion to discuss an immediate issue of national concern.

Categories of Ministers
Cabinet Minister: They hold important portfolios & decide major policies of the government.
Minister of State: they may or may not be given the independent charge of minister. They are
not the member of cabinet & do not participate in the cabinet meeting unless specially invited.
Deputy Minister: they are junior most ministers who assist the cabinet ministers & the council
of ministers. Their main task is to assist the ministers with which they are respectively
associated.
The Cabinet
The cabinet is an informal body of senior Ministers who form the nucleus of administration the
cabinet consists of about fifteen ministers holding important portfolio, such as home, defense
& finance.
Functions of the Cabinet
Legislative Functions
(A) A Large number of bills are prepared introduced & piloted by the members of the
cabinet.
(B) The cabinet decides dates for holding sessions & for proroguing the parliament.
(C) When the parliament is not in session, the cabinet recommends to the president, if
necessary, to promulgate ordinances.
(D) The cabinet is instrumental in preparing & moving as & when required amendments to
the constitution.
(E) It removes outdated laws from the statute books & makes necessary modifications in
the existing laws.
Administrative Functions

Class 10-Social Science-Civics-Chapter 3-The Prime Minister And The Council Of Minister

It formulates national policies & coordinates the activities of all the ministers &
department.
It is the cabinet which frames the executive policy of the union government.

Financial functions
The budget, containing estimates of income & expenditure for the ensuing ear, is prepared by
the finance minister as directed by the cabinet.
The cabinet determines what taxes are to be imposed & how the funds are to be spent.
Diplomatic Functions
The cabinet determines the foreign policy of the country & determines what type of relations
India should have the various countries in the world.
The cabinet also formulates & approves international treaties & bilateral agreements.
Appointments
All major appointments, through made by the president upon by the cabinet. Such
appointments include appointments of judge of the Supreme Court, high court, governor of
states, chief election commissioner & other dignitaries.
Proclamation of Emergency
The president cannot declare the proclamation of General Emergency under article 352 of the
constitution without receiving in writing the decision of the cabinet to this effect.
Co-coordinating Functions
(A) To improve all proposals for legislation embodying the policies of the government.
(B) To make all major appointments.
(C) To settle interdepartmental disputes.
(D) To execute the government policies & to co-ordinate various activities of the
Government.
Co-ordination between the Cabinet & the parliament
Our parliamentary system of government is based on the principal of close cooperation
between the executive & the legislative wings of the government.

Class 10-Social Science-Civics-Chapter 3-The Prime Minister And The Council Of Minister

The cabinet formulates laws which are passed with the support of the majority of the ruling
part in the parliament.
Collective Responsibility of the Members of Cabinet

The principal of collective responsibility means that the council of Ministers, as a single
body, is responsible to the Lok Sabha for the general conduct of affairs of the
government.
Our constitution, by providing for collective responsibility of the minister to the lok
Sabha has established the principal that all minister work as team.
If a vote of no-confidence or a censure motion is passed against one-minister, the whole
ministerial team has to resign all together.
The parliament can exercise its control over the union ministers. Besides moving a vote
of no-confidence, the members of parliament can ask question regarding administrative
policies followed by the minister.

Individual responsibility of the members of the cabinet

Members of the parliament can question the minister regarding matters concerning
their departments.
Ministers are obliged to answer such question & then ministers are responsible for
action or negligence of their respective departments.

Leadership of the prime minister

The prime minister selects the ministers & gives them their portfolios.
He presides over the meetings of the cabinet & conducts its proceedings.
He can ask a minister to resign.
The leadership of the prime minister is an important feature of the parliamentary
system of democracy in India, which is evident from the fact that with the resignation of
the prime minister, the entire council of minister stands dissolved.

Principal of Secrecy
The principal of secrecy means that minister is obliged not to reveal an official secret pertaining
to their minister or to the proceeding of the cabinet.
Position & Power of the Prime Minister
In relation to the council of Ministers

Class 10-Social Science-Civics-Chapter 3-The Prime Minister And The Council Of Minister

The prime minister makes a list of ministers to be included in the council of Minister whom the
president formally appoints.
The prime minister allocates portfolios among the minister among the working of various
ministers.
In relation to the cabinet
As the leader of the cabinet, he makes the agene & directs the proceedings in the cabinet
meetings.
In relation to the president

It is the duty of the prime minister to communicate to the president all decisions of the
council of minister relating to the administration & also the proposals for legislation.
The president, in exercise of his functions, acts on the advice of the council of Minister
which virtual means the advice of the Prime Minister.
The prime minister assists the president in making all important appointments.
It is on the advice of the prime minister that the president summons or prorogues both
house of the parliament & dissolves the Lok Sabha.
The Prime Minister, in consultation with the cabinet, advices the president to proclaim a
state of emergency.

In relation to the parliament

As the prime minister is the leader of the majority party in the lok Sabha, he is said to be
the leader of the house.
He makes policy statements on the floor of the house; he is the chief spokesman of the
government in the parliament.
He comes to the rescue of other ministers in the parliament if and when they are in
difficulty while being attacked by the opposition benches in the house.
If there is heated debate in the house, the matter generally comes to an end with the
intervention of the prime minister.
The sessions of the parliament are summoned & prorogued by the president on the
advice of the prime minister.

In relation to other Matters

The prime minister plays an important role in framing the national policies.

Class 10-Social Science-Civics-Chapter 3-The Prime Minister And The Council Of Minister

He plays a vital role in controlling the finances of the country & extends useful advice in
preparing the annual budget for the nation.
He is the chairman of the planning commission which frames economic policies of the
government & supervise their implementation.
The prime minister represents India in relation to other nation of the world.

Distinction between the cabinet & the council of ministers


(A) The council of the ministers consists of all the three categories of Ministers-cabinet
Ministers, Ministers of state & deputy Ministers. The cabinet consists of a small group of
senior Ministers. All cabinet ministers are the members of the council of ministers, while
all ministers are not members of the cabinet.
(B) The cabinet meet as a body, periodical, to shape national policies & transact
government business. The council of minister does not meet as a body to transact a
government business.
(C) The prime minister consults the cabinet while he may or may not consult the other
ministers before taking an important decision.
(D) The cabinet consists of party leaders holding important portfolio called ministries. Other
minister plays a secondary role in various ministries.
(E) The cabinet takes over the functions assigned by the constitution to the council of
ministers.

Class 10-Social Science-Civics-Chapter 4-The Supreme Court

Chaptetr-4
The Supreme Court
The Supreme Court

Our constitution provides for the establishment of an independent & integrated


judiciary with the Supreme Court as the highest & final tribunal in the country.

Composition of the Supreme Court

The Supreme Court consists of a chief justice & 25 other judges.


The parliament by a law passed in 1986, raised the strength of the judges of 26
including the chief justice & 25 other justice.

Qualifications
1. He or she must be a citizen of India.
2. His o she should have worked as a judge of a high court continuously for at least five
years.
Or
He or she would have been, for at least ten years, an advocate of a high court or of two or more
such courts in succession.
Or
He or she should be, in the opinion of the president, a distinguished jurist.
Appointment of Judges
All judges of Supreme Court are appointed by the president in consultation with such judges
of the Supreme Court & high court as he deems necessary for the purpose.
Salaries &Allowances
The chief justice of India & other judges of the Supreme Court are entitled to nominal
monthly salary.
Independence of the judiciary from the control of the Executive
Appointment of the judges

Class 10-Social Science-Civics-Chapter 4-The Supreme Court

The president, who formally appoints the judges, is required to consult persons from the
judiciary who are qualified to give proper advice on the appointment of judge.
Security of Service
A judge of the Supreme Court, once appointed cannot be removed from office normally until he
or she completes the age of 65 years.
Emoluments not subjected to reduction
Salaries & allowances of the judges, once sanctioned, cannot be reduced.
Prohbition of Practice
The judge of the Supreme Court cannot start legal practice in a court in India after their
retirement.
Control over the Establishment
The constitution provides that appointment of officers & servants of the Supreme Court are to
be made b the chief justice of the Supreme Court.
Authority to punish for its concept
The constitution empowers the Supreme Court to punish any person for its contempt.
Powers & functions of the Supreme Court
Judicial Functions
Judicial functions of the Supreme Court extend to original as well as appellate jurisdiction.
Original Jurisdiction

a)
b)
c)
d)

Original jurisdiction of the Supreme Court extends to those cases which are brought
before it in the first instance. Types of such cases are given below :
Center-state disputes: disputes between the union government & one or more states.
Inter-State Disputes: disputes between two or more states.
Disputes relating to fundamental Rights: the Supreme Court has the power to issue
order or writes for the enforcements of the fundamental rights.
Cases relating to interpretation of the constitution: All cases, in which an interpretation
of the consultation is involved, can be directly field in Supreme Court.

Appellate Jurisdiction

Class 10-Social Science-Civics-Chapter 4-The Supreme Court

The Supreme Court is the final court of appeal. It has the power to grant special leave to appeal
against the judgment delivered by a court in the country.
Civil Cases
An appeal in respect of civil cases can go to the Supreme Court only if the high court certifies
that the case involves a substantial question of law general importance, and in the opinion of
the high court the said question needs to be decided by the Supreme Court.
Criminal Cases
In criminal cases, an appeals lies to the supreme court in the following two ways:

Without a certificate: (A) the high court reverses an order of acquittal issued by the
sessions court & sentences an accused to death.
(B) The high court withdraws a criminal case from a lower court, convicts the accused
person & sentences him to death.
With a Certificate: An appeal in other criminal cases can lie to the supreme court
against the decision of the high court, if the concerned high court certifies that it is fit
case for an appeal to the Supreme Court.

Constitutional Cases

An appeals lies to the supreme court against the decision of the high court if the latter
certifies that the case involves an interpretation of the constitution.

Power to grant special leave to appeal

This concession may be availed of by those who fail to obtain a certificate for appeal to
the Supreme Court from the high court or the lower court.

Revisory function & power of the judicial Review


The Supreme Court under article 137 is empowered to review any judgment or order made by
it with a view to removing any mistake or error that might have crept in the judgment or order.
The philosophy of judicial review is rooted in Th principal that the constitution is the
fundamental law of the land & the Supreme Court, exercising its power of review, shall declare
the law unconstitutional & make it inoperative.
Guardian of fundamental rights

Class 10-Social Science-Civics-Chapter 4-The Supreme Court

The Supreme Court has the power to issue order or writs including writs in the nature of
habeas corpus, Mandamus, prohibition, etc. for the enforcement of fundamental rights.

Advisory Function

The president of India may seek advice of the Supreme Court on important Question of
law & fact.
When any question is referred to the Supreme Court, a bench Consisting of at least five
judges deals with it.

Power to transfer class

The Supreme Court is empowered to transfer to itself all cases pending before one or
more high courts.
It can do so if an application is made b the Attorney General of India or a part to such a
case.

Ultimate Interpreter of the constitution

Only the Supreme Court has the right to review & revise its earlier judgments.

Administrative Functions

The Supreme Court has the administrative control not only of its own establishment. But
also of all High Courts & Subordinate courts in India.

Court of Record

The Supreme Court is a court of record. A court of record is one whose judgments are in
the nature of judicial precedents are referred to in other Courts of the Country.

Class 10-Social Science-Chapter 5-The State Judiciary High Court

Chapter- 5
The state Judiciary
The High courts

The state judicial system consists of a high court & the lower courts subordinate to the
high court.
There are 21 high courts at present in the country.

Composition

A high court consists of a chief justice & other judges whose number may be fixe from
time to time b the parliament.

Qualification of a high court judge


A) He or she should be a citizen of India.
B) He or she should have worked as a judge in a court in India for not less than ten years.
Or
He or she would have worked as an advocate in India for at least ten years.
Or
He or she should have been a reputed teacher in a law college.
Or
He or she should be a renowned write in the field of law.
Appointment of judges

The chief justice of a high court is appointed by the president of India in consultation
with the chief justice of the Supreme Court & the governor of the state concerned.
Other judges of the high court are appointed b the president in consultation with the
chief justice of India, the governor of the state & the chief justice of the high court of
the concerned state.

Condition of Service

In order to ensure the independence of the judiciary at the state level, our constitution
has made special provisions to safeguard the service conditions for the judges of the
high court.
The chief justice & other judges of the high courts once appointed, hold office till they
retire at the age of 65 years or they themselves resign from their offices.

Class 10-Social Science-Chapter 5-The State Judiciary High Court

Power & functions of the high court


A high court stands at the apex of the judicial system in a state & it performs judicial,
administrative & advisory functions as well. Its powers & functions are listed below:
Original Jurisdiction
Original jurisdiction implies that certain type of cases can be brought to the high court in the
first instance without having been heard in the subordinate courts. A high court has original
jurisdiction in the following matters:

In regard to the state revenue & its collection.


In regard to admiralty, wills marriage laws, company laws, & contempt of court.
In regard to the fundamental rights. It has original jurisdiction with the Supreme Court
for the enforcement of the fundamental rights guaranteed b the constitution.
The high courts Kolkata, Mumbai & Chennai have original jurisdiction in almost all civil &
criminal cases within their territories.

Appellate jurisdiction
The criminal appellate jurisdiction of the High court extends to appeals against decisions of the
following nature.
A) Where a session judge has given the sentence of imprisonment exceeding seven years.
B) Where a sessions judge has passed death sentence against a convict, it will not be
carried out unless it is confirmed by the appropriate High courts.
C) Where an Assistant sessions judge, a Metropolitan Magistrate or a special judicial
Magistrate awards imprisonment beyond a period of four years.
Revisory Jurisdiction
Revisory jurisdiction implies that a high court can withdrew cases from subordinate courts for
its consideration.
Advisory functions
The high court can also advise government department, legislature or the governor, if they seek
it, or constitutional as well as n other matters of law.
Judicial Review

Class 10-Social Science-Chapter 5-The State Judiciary High Court

If any law, executive order or any ordinance passed by the state legislature or another
authority infringes the fundamental rights or contravenes a provision of the
constitution, the high court can declare it null & void.
The 42nd Amendment act, 1976, introduced provisions, where the power of the high
court to judge the constitutionality of state law was withdrawn during the emergency.

Power of Superintendence

This power of supervision extends to matters both Judicial & administrative.


The high court has the power to correct any decision of a tribunal within its jurisdiction,
through its power of supertendence.

Power to issue writs

Every high court has a power to issue a person or authority within its territory, direction,
orders or writs for the enforcement of the fundamental Rights or for other purposes.
Such writes are also in cases where principal of natural justice are violated or where
there is an error in judge ment.

Custodian of the constitution


The high court too has the responsibility of upholding the constitution.
Court of record
The two characteristics of court of record are:
a) It proceedings & decision have reference value, i.e. they are referred to in future cares b the
subordinate courts.
b) A high court can punish a person for its own contempt.

Class 10-Social Science-Civics-Chapter 6- The Subordinate Courts

Chapter-6
The Subordinate Courts
Administration of justice at the district level is entrusted to three types of courts:
1. Civil Courts
2. Criminal Courts
3. Revenue Courts
The Civil Courts

The civil courts are those which deals with cases related to land, property, money,
transactions, etc. the highest civil court in a district is presided over b the district judge
who is armed with both judicial & administrative powers.
Civil court are graded as follows :

District Judges Courts

The Court of the District judge is the highest civil court of the district.
The district judge, in his administrative capacity, supervises all the civil courts in the
district.
In this Judicial Capacity, he takes up case involving a sum of more than Rs. 5000.

Sub-Judges Court

This court comes next to the district court.


They deal with cases involving not more than Rs. 5000.

Munsifs Courts

These courts are lower than the courts of the sub-judges.


A munsif deals with civil cases involving not more than Rs. 2000.

Small Courts

The junior most judges head these courts.


They deal with cases of nominal money value.

Criminal Court

The criminal court is established by the state government for every sessions divisions.

Class 10-Social Science-Civics-Chapter 6- The Subordinate Courts

The court is presided over by a judge, appointed b the High court of that particular
state.
It is the Highest Criminal Court in a district.
The organization & procedure of Criminal courts are regulated by the code of criminal
procedure, 1973 which came into force on April 1, 1974.
The criminal courts deal with Criminal cases. These courts are organized in a hierarchical
order as such :

Court of the Judicial Magistrates of First class

These magistrates hear appeals against the decision of the second as well as third class
magistrates.
This court can impose a fine of Rs. 1000 & imprisonment up to two years or both.

Court of the judicial magistrates of second class


A second class magistrate can pass a sentence of imprisonment up to six months or a fine of Rs
200 or both.
Court of the judicial Magistrates of third class

These magistrates can award simple imprisonment for not more than 1 month or a fine
up to Rs. 50 or both.

Revenue Courts
The court deals with case relating to the maintenance of land records & the assessment &
collection of land revenue. These courts are divided into four categories as given below in their
descending order:
The Board of Revenue

The highest revenue court in the district is board of revenue.


It works directly under the high court.

Collectors Court

Collector helps the Revenue department in the process of assessment & collection
besides discharging his original duties as the administrator of the district.

Tahsildars Court

Class 10-Social Science-Civics-Chapter 6- The Subordinate Courts

A Tahsildars is responsible for the collection of revenue & property taxes as assessed by
the deputy Tahsildars.

Appointment

A judge of the district court is appointed by the Governor in consultation with the high
Court.

Lok Adalats
Meaning

A Lok Adalat means peoples courts.


Lok Adalats encourage the settlements of disputes through compromise or settlements
between the parties.

Function of Lok Adalats

Lok Adalat is presided over b judicial officers & other person who passes such
qualification as may be prescribed by the state.
The make an Endeavour to effect compromises or agreements between the parties.
All decision of the lok Adalat are now deemed to be decrees of a civil court & shall be
binding on the parties to the dispute.

Advantages of lok Adalat

Lok Adalat work with a spirit for compromises & understanding. As a result, both the
parties feel satisfied.
Lok Adalat delivers fast & inexpensive justice. Any person can move took Adalat by an
application on a plain paper or using the format available with legal service authorities &
expect speedy justice.
The lok Adalat reduce the workload of other courts enabling them to deal with more
serious matters. This reduces delays in higher courts.