RBSE Class 10 Social Science Notes Chapter 6 Union Government

Rajasthan Board RBSE Class 10 Social Science Notes Chapter 6 Union Government

A government is the expression of the abstract concept of state. It makes laws to serve the people residing in a definite territory of state, implements those laws and reforms those people by punishing who don’t obey the laws.

RBSE Class 10 Sst Chapter 6 Notes Organs of Government
The three main organs of the government are:

legislative
executive and
judiciary

RBSE Class 10 Social Science Chapter 6 Notes Legislative:
Legislative is the first organ of government. In India, legislature is formed at two levels,
(a) Union Legislature and
(b) State Legislature.

Structure or Organization of Lok Sabha: The first or lower house of the Parliament is Lok Sabha. This is also called the popular house because its members are directly elected by people.

Number of Members: The maximum number of members of Lok Sabha can be 552. Up to 530 members shall be elected from the constituencies in states, up to 20 members shall be elected from the constituencies of Union Territories, and remaining 2 members (of Anglo-Indian Community) shall be nominated by the President.

Election: The members of Lok Sabha are directly elected on the basis of universal adult franchise.

RBSE Class 10 Social Science Chapter 6 Question Answer Eligibility for Members:

The person should be a citizen of India.
His/her age should be 25 years or more.
The person should not hold any post of benefit under Union Government or State Government.
The person has not been declared a lunatic by any court and is not bankrupt.

Tenure: The tenure of a member of Lok Sabha is 5 years, but it can be dissolved before completion of its tenure.

Session: The President calls the session of Lok Sabha and Rajya Sabha. He also has the right to end a session of the Lok Sabha and Rajya Sabha.

Officials of Lok Sabha: Following are the officials of Lok Sabha.

Speaker and Deputy Speaker: Speaker is the chairman and deputy speaker is the deputy chairman. They are elected by the members of the house. The Speaker and Deputy Speaker can be removed from their post if a proposal for this is passed by majority of the members.

RBSE Class 10 Social Science Chapter 6 Powers and Duties of Speaker

The Speaker presides over all meetings of Lok Sabha. He has to ensure peace and discipline inside the house.
The Speaker decides all the programmers and proceedings of Lok Sabha.
He is the ex-office chairman of some of the Parliamentary Committees. He appoints the chairpersons of Select Committees and such committees work under his instruction.
Speaker decides if a particular bill is money bill or not.
All correspondence between the President and the Parliament are done in his name.

Structure and Organization of Rajya Sabha:
Rajya Sabha is the second and Upper House of the Parliament. It has less power compared to Lok Sabha, but has its own importance and utility.

Number of members and election process:
The number of members of Rajya Sabha can be up to 250 but at present it is only 245. Out of them, 12 members are nominated by the President. Remaining members are elected by the members of legislative assemblies of different states and union territories on the basis of Single Transferable method of proportional representation.

Eligibility for Members:
The eligibility criteria for membership of Rajya Sabha are almost same as for membership of Lok Sabha. The only difference is, unlike Lok Sabha, the minimum age to be a Rajya Sabha member is 30.

RBSE Solutions For Class 10 Social Science Chapter 6 Tenure:
Rajya Sabha is a permanent house which is never dissolved. The tenure of members is 6 years. One third members of Rajya Sabha retire after every two years.

Officials of Rajya Sabha:
There are two main officials of Rajya Sabha, viz. Chairman and Deputy Chairman. The Vice President of India is the ex-office chairman of Rajya Sabha. His tenure is of five years. Any member of the Rajya Sabha is elected as Deputy Chairman by members of the Rajya Sabha. The tenure of Deputy Chairman is 6 years.

RBSE Solutions For Class 10 Sst Chapter 6 Powers and Functions of the Parliament
The Constitution has given vast power to the Parliament. Some of the powers are explained below.

Legislative Powers: Formation of laws to protect national interest is the main duty of the Parliament.

Power to Amend the Constitution: Parliament has got important power of making amendment in the Constitution.

Financial Power: By virtue of being the representative of the people, the Parliament has complete right on the national budget.

Administrative Power: The Union Executive, i.e. Council of Ministers is answerable to the Parliament (Lok Sabha in practice).

Electoral Power: Members of both the houses of Parliament are part of the Electoral College which is constituted for election of the President. According to Article 66, members of both the houses can elect the Vice President.

Other Powers: Additionally, the Parliament has many other powers. Some of them are as follows:

Members of both the houses can remove the President through impeachment motion through a special procedure as specified by the constitution. Similarly, the members of both the houses can remove the Chief Justice of the Supreme Court or any of the High Courts; on the basis of inefficiency or corruption by passing that proposal.
If the President announces emergency, it should be made effective by passing the recommendation by both the houses within one month of the announcement. President’s Rule is implemented for only six months at a time. If required, it can be increased by another period of six months. But assent of both the houses needs to be taken for this.

RBSE Solution Class 10 Social Science Notes Powers or Rights and Functions of Lok Sabha

Legislative Power: The Parliament can make laws on subject under Union List, Concurrent List, Residual Subject and State List (under certain conditions).

Financial Power:The Constitution has provided financial powers only to the Lok Sabha and Rajya Sabha has just a subsidiary role in it.

Power to control the executive: The union executive is answerable to the Parliament; in practice to the Lok Sabha.

Power to Amend the Constitution:Lok Sabha can make amendments to the Constitution; in association with Rajya Sabha.

Function as Electoral College:Lok Sabha also functions as an electoral college. Article 54 says that members of Lok Sabha can elect the President in association with the members of Rajya Sabha and members of Legislative Assemblies.

RBSE Class 10 Science Chapter 6 Notes Powers and Functions of Rajya Sabha

Legislative Power: Rajya Sabha too has the power to make laws. The Constitution has given equal rights to both the houses in case of non-money bills.

Power of Constitutional Amendments: Rajya Sabha has same powers of constitutional amendment as Lok Sabha. In case of non-agreement between two houses on an amendment, the bill for amendment cannot be passed.

Class 6 Civics Chapter 6 Notes Financial Power:
Rajya Sabha has got some financial power but its position is quite weak compared to Lok Sabha on this matter. A money bill first needs to be introduced in the Lok Sabha. Once the bill is passed by the Lok Sabha, it is sent to the Rajya Sabha. Rajya Sabha can think over that bill for a maximum period of 14 days. Rajya Sabha can give its recommendations on money bill to the Lok Sabha. But accepting the recommendation depends on discretion of Lok Sabha.

RBSE Solution Class 10 Sst Notes Powers on Executive:
In the parliamentary system, the Council of Ministers is only answerable to the popular house of the Parliament. Hence, the Council of Ministers is only answerable to the Lok Sabha and not to the Rajya Sabha.

Class 10 RBSE Sst Chapter 6 Other Powers:
They are as follows:

Elected members of Rajya Sabha participate in election of President.
Members of Rajya Sabha participate in election of Vice President.
Rajya Sabha (in association with Lok Sabha) can bring impeachment motion against the President, against Chief Justices of the Supreme Court and High Courts and against some officials. The impeachment motion is considered to be passed only when both the houses agree on it.
Rajya Sabha (in association with Lok Sabha) can remove the Vice President by passing the motion with majority. The proposal to remove the Vice President is first passed by Rajya Sabha and is then sent to Lok Sabha.
If emergency needs to be promulgated for more than one month then such a proposal needs to passed by special majority by each house separately.

RBSE Solutions For Class 10 Social Science Notes Special Power:
Rajya Sabha has got two special powers which are not given to Lok Sabha. Following are the special powers of Rajya Sabha:

Article 249 says that Rajya Sabha can make any subject under State List into a subject of national importance by two-thirds majority of the members who are present and who are participating in voting.
Article 312 says that only Rajya Sabha has the right to give power of initiating a new All India Service by passing the proposal by two-thirds majority.

Executive: This is the second organ of government.

President: The Union Executive shall comprised President, Vice President, Prime Minister, Council of Ministers and the Chief Justice of India. The President is the formal head of the executive while the Prime Minister (with his Council of Ministers) is the actual head of the executive.

Class 8 Civics Chapter 6 Notes Eligibility for the post of President:

The person should be a citizen of India.
He should be at least 35 years old.
The person should be eligible to become a member of parliament.
The person should not hold any post of profit under any level of government or under any other organization.
The person shall not be a member of parliament of any of the state legislative’s.

Central Government Class 10 RBSE Notes Election of the President:
The President is elected through indirect election and this system is based on Single Transferable votes of proportional representation. This system is as follows:

Class 10 Chapter 6 Central Government Indirect Election:
The President is elected indirectly by an electoral college which comprises:

Elected members of both houses of the Parliament.
Members of state assemblies and assemblies of union territories (as per 70th amendment 1992).

Single Transferable Vote System
Members of Parliament and assemblies of states and union territories elect the president through a special system of voting, which is called Single Transferable Vote System. Voting takes place through secret ballot and the candidate has to ensure the ‘minimum quota’ of votes to become the winner. The minimum quota is derived by following formula:

Minimum Quota =\(\frac{\text { Number of valid votes cast }}{\text { Number of candidate for election }} \div 100\)

Impeachment

Each member of the Parliament has the right to bring impeachment motion against the President.
Signature of at least one-fourth members of the house is necessary to move the impeachment motion.
Once the motion is presented in the house, the house will discuss on it after 14 days.
If the impeachment motion is passed by two-thirds majority of the house then the motion is sent to another house of Parliament.
The second house will either investigate on impeachment clauses or will appoint a special committee for the purpose.
If the allegations against the President are proved in this house, and the house passes the impeachment motion by at least two-third majority, then the President is considered to be removed from his post few date of passage of motion.

Powers and Functions of the President
The powers of the President can be divided into two categories:
(a) Power under normal circumstances and
(b) Power under emergency.

Power under Normal Circumstances
Executive or Administrative Powers:
All works of government are done in the name of the President and all decisions of government are considered as President’s decisions.

Appointment and Removal of Important Officials:
The President appoints many important officials of Indian Union, e.g. ministers (on advice of Prime Minister), governors of states, Chief Justices of the Supreme Court and High Courts, Comptroller & Auditor General, Chairman of UPSC, ambassadors to other countries, etc.

Power Related to Governance:
The President can make various rules for governance. He makes the rules related to joint session of both houses of Parliament, appointment of officials and staffs of the Supreme Court, and powers of Comptroller & Auditor General. He allocates the departments among members of the Council of Ministers.

Power in Foreign Affairs:
By virtue of being the constitutional head of Indian Union, the President represents the country in foreign countries. He appoints ambassadors and diplomatic representatives for the Indian Embassies in foreign countries. He accepts the credentials of ambassadors and diplomatic representatives from other countries. Treaties and agreements with other countries are done in the name of the President.

Powers in Military Affairs:
The President is the Supreme Commander of the armed forces, but he can exercise this right only according to the law. The President can neither announce a war nor utilize the military without the assent of the Parliament.

Legislative Powers
Administration of Legislature:
He calls the session of Parliament and announces the end of the session. He can dissolve the Lok Sabha before its full tenure on the advice of Prime Minister. The President addresses the joint session of Parliament at the beginning of a session.

Power to Nominate Members:
he President has the right to nominate 12 members of Rajya Sabha.

Use of Veto on a Bill:
Once a bill is passed by the Parliament it needs to be assented by the President to become a law. The President can return the normal bills with some suggestions for a review to the Parliament. If the bill is passed by the Parliament either with amendment or without amendment, then the President has to give his assent.

Power to Issue Ordinance:
When no session of Parliament is in progress then the President has the right to issue ordinance. Such an ordinance is valid till six weeks of beginning of the session of Parliament. Parliament can end the ordinance even before this period if it wishes.

Financial Powers:
The President will make for presentation of account of income and expenses of a financial year at the beginning of that year in both houses of the Parliament. Money bill or demands for grants cannot be presented in the Lok Sabha without his permission.

Judicial Powers:
The Constitution has adopted the concept of “Independence of Judiciary”. The President appoints the Chief Justices of the Supreme Court and High Courts. President’s assent is required for rules of functioning of courts constituted by the Supreme Court. The President has the power to pardon a person of his sentence or to suspend the punishment for some duration.

Emergency Powers: Announcement, Effect and Practical Application
Following are the provisions of emergency as per Constitution.
War, External Attack or Internal Disturbance:
Announcement: Article 352 says that the President can announce emergency if he is convinced about fear of war, external attack, internal disturbance in the whole country or in any part of the country. The announcement can be enforced for two months even without approval of the Parliament. After the 44th Amendment in the Constitution, following are the clauses of emergency:

First: Emergency can only be announced in case of war, external attack or armed revolt or in case of a threat of such mishaps. Emergency cannot be announced only in the name of internal disturbance.
Second: The President can only announce emergency under Article 352 when the Council of Ministers gives a written advice to him.
Third: Within a month the announcement needs to be ratified by the Parliament by special majority (by two-thirds majority of members who have attended and voted for each house separately). To continue to enforce emergency for further duration, it has to be ratified by the Parliament after every six months.
Fourth: Emergency can be ended by a simple majority of members of Lok Sabha.

Emergency in case of Failure of Constitutional Mechanisms in States Announcement
Article 356 says that the President can announce emergency in states under following conditions:

On the recommendation of the Governor.
A situation has come under which it is impossible to continue the governance in that state as per the provisions of the Constitution.

Announcement of Financial Emergency
Article 360 says that the President can announce financial emergency if he is convinced that situation has become so grim that it presents a danger to financial stability or credibility of India.

Vice President
Election:
Vice President is elected in a joint session of both the houses of Parliament. The election happens by secret voting through single transferable voting method of proportional representation.

Eligibility for Vice President:

The person should be a citizen of India.
The person should be at least 35 years old.
The person should fulfill all criteria to be a member of the Rajya Sabha.

Removal from Post:
Vice President can be removed through a motion which passed by simple majority of Rajya Sabha and ratified by Lok Sabha. Information of such a proposal needs to be given 14 days in advance.

Powers and Functions of Vice President:

Ex-office Chairman of Rajya Sabha:
Taking responsibilities of President in his absence

Prime Minister
Appointment of Prime Minister:
The Constitution says that the Prime Minister shall be appointed by the President. According to the fundamental principles of parliamentary system, the President is bound to appoint the leader of the majority party in Lok Sabha as Prime Minister.

Functions and Powers of Prime Minister:

Formation of Council of Ministers
Allocation and changes of Minister’s Portfolios
Conduction of Working of Council of Ministers
Coordination among different departments of government
Leader of Lok Sabha
Channel between President and Council of Ministers
Appointments for various posts

Council of Ministers:
Article 74 of the original Constitution says, “There will be a Council of Ministers, headed by the Prime Minister to assist and
advise the President in his duties.”

Formation of Council of Ministers
Appointment of Prime Minister:
Article 75 of the Constitution says that the President shall appoint the Prime Minister and Council of Ministers (on advice of Prime Minister).

Selection of Ministers by Prime Minister:
The Constitution says that other ministers are appointed by the President on advice of Prime Minister.

Allocation of Portfolios:
The Constitution gives full power to the Prime Minister on this subject.

Eligibility for Ministers:
A person needs to be a member of either house to become a minister. If someone is not a member at the time of taking oath, then he/she needs to get elected to either of the house within 6 months.

Oath of Office:
Prime Minister and his ministers need to take the oath of duty and secrecy in front of the President.

Tenure of Council of Ministers:
There is no fixed tenure for Council of Ministers. The Council of Minister remains in office till it enjoys the confidence of the Parliament.

Salaries and Allowances of Ministers:
There is provision for monthly salary and allowances to the Prime Minister, cabinet ministers, state ministers and deputy ministers.

Categories of Ministers:
There are three categories of ministers, viz. cabinet minister, state minister and deputy minister.

Powers of the Cabinet:

Formulation of national policies
Controlling the making of law
Highest control on national executive
Cabinet has the responsibility to formulate economic policies of the country.
Implementation of Foreign Policies
The power of appointment of certain officials is given to the President. In practice, these appointments are made by the cabinet.

Judiciary: This is the third organ of the government.

composition of Supreme Court
Number of Judges:
Originally, there was provision of one Chief Justice and seven other judges for the Supreme court, and Parliament was given the power to decide on jurisdiction of the Supreme Court, and to formulate salaries and conditions of services of judges. Number of judges was increased to 31 (which include the Chief Justice) in 2008.

Eligibility for Judges:
Judges of the Supreme Court should fulfill following eligibility criteria.

The person should be a citizen of India.
The person should have worked for at least five years as a judge in any High Court or in two or more courts. OR The person should have worked as advocate in any High Court or in other courts continuously for 10 years. OR The person should be well versed in laws in the eyes of the President.

Impeachment:
Generally, a judge of the Supreme Court can continue in office till 65 years of age. He can voluntarily resign from his post. If each house of the Parliament passes the motion of impeachment by two-thirds majority then the judge can be removed from his post on order from the President.

Salary, Allowances and Other Facilities:
The Chief Justice gets a salary of rupees one lakh per month and the judges get the salary of rupees 90,000 per month. They are also entitled to retirement pension and gratuity.

Freedoms: The judges are free from any kind of criticism for their decisions and actions.

Place of Court: According to Article 130, the head office of the Supreme Court is at Delhi.

Restrictions on Judges: After serving as the judge in the Supreme Court, a person cannot practice as a lawyer in any court of India or in front of any official in India.

Jurisdiction of Powers & Functions of the Supreme Court
The Constitution of India has given very wide jurisdiction to the Supreme Court. This is explained below.

Original Jurisdiction: The original jurisdiction of the Supreme Court can be kept under two categories.

Original Sole Jurisdiction: The original sole jurisdiction is related to those cases which can be only heard by the Supreme Court. Following subject come under this jurisdiction:

Dispute between a state or many states and Union government, or conflict between two or more states.
Dispute between two or more states on any constitutional topic.

Original Concurrent Jurisdiction:
Any dispute related to breach of fundamental rights can be first heard by the High Court and can directly come for hearing at the Supreme Court.

Appellate Jurisdiction:
Apart from the original sole jurisdiction, the Supreme Court has also got appellate jurisdiction from the Constitution. This is the last appellate court in India. The appellate jurisdiction of the Supreme Court can be divided into four categories, viz. constitutional, criminal, civil and special.
Constitutional: Article 132 says that if a High Court proves that a dispute involves any important question related to the laws of interpretation of the Constitution then decision of the high court on that case can be appealed in the Supreme Court.

Civil: Any civil case can be appealed in the Supreme Court.

Criminal: Those criminal cases can be appealed in the Supreme Court which fulfill following criteria:

A case in which the High Court had given capital punishment to the accused in spite of the fact that the accused was proven innocent by a lower court.
High Court transferred a case from a lower court and announced capital punishment for the accused
High Court proves that the case is suitable for appeal in the Supreme Court.

Special: Some cases do not come under either of the above categories, then Supreme Court’s intervention becomes necessary in such cases. Article 135 gives the right to the Supreme Court to permit appeal against the decision of any court or tribunal except the military court.

Right to give special order for appeal:
Article 136 says that the Supreme Court has the right to give permission for appeal against decision of any court or tribunal except military court.

Advisory Jurisdiction:
If the President thinks that a question of law or fact regarding public interest has come up, he can seek advice from the Supreme Court. Accepting the advice of the Supreme Court depends on discretion of the President.

Court of Record:
Article 129 gives the status of Court of Record to the Supreme Court. Court of Record has two meanings:

First: Decision of this court shall be accepted as proof at every place and no question can be raised on the authenticity of such decision in any court.
Second: This court can give any punishment for ‘Contempt of Court’.

Protector of Fundamental Rights:
The Supreme Court of India is the protector of fundamental rights of the citizens.
Guardian of the Constitution: The Constitution has also given the power of conservation of the Constitution to the Supreme Court. This means that the Supreme Court has the power to investigate the constitutionality of laws.