If you are looking for BPSC-132 IGNOU Solved Assignment solution for the subject Indian Government and Politics, you have come to the right place. BPSC-132 solution on this page applies to 2021-22 session students studying in BAG courses of IGNOU.
BPSC-132 Solved Assignment Solution by Gyaniversity
Assignment Code: BPSC-132/ASST/TMA/2021-22
Course Code: BPSC-132
Assignment Name: Indian Government and Politics
Year: 2021-2022
Verification Status: Verified by Professor
Answer all questions in the three Assignments and submit them together.
Â
Assignment - I
Â
Answer the following in about 500 words each.
Â
1. Explain the Parliament’s powers to amend the Constitution of India. 20
Ans) Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
When a constitution is amended it is expected that it would bring a change for the better. In other words, it would ‘give more’ than ‘take away any’. Article368 together with other articles, empowers Parliament to make amendments to the Constitutions. In fact, the occasion for debate, on what the fundamental features of the Constitution are, was created when certain amendments were made to the Constitution. The amendment procedure laid down in the Constitution is both rigid and soft for different articles. While some need only a simple majority, most need most two-thirds present and voting in both the Houses of Parliament and the assent of the President. The toughest amendment procedure prescribed requires, besides the two-thirds present and voting and requirement, also the consent of at least half the number of Legislatures in States in the country. And furthermore, it also requires the assent of the President.
Two of the most vehemently contested aspects were: one, the authority of Parliament to effect amendment itself to any article of the Constitution; and two, on who holds supremacy of decision over and amendment.
While the Indian Parliament held that it was the supreme authority and had, therefore the right to amend any article in the Constitution, its critics said it was the Constitution that is supreme and not Parliament, whose creation Parliament was as much any other institution. It was, in the final analysis, resolved that Parliament is rightfully authorised to amend the Constitution, but only so long as it did not amend the ‘basic features of the Constitution. Besides, the Supreme Court has the power to decide whether an amendment to constitution, indeed, were against the basic features of the Constitutions or not.
Amending power is not necessary to amend non-essential parts of the constitution.
This power is needed to make changes in the basic features of the constitution.
The doctrine leads to the uncertainty in mind of the parliament as to where it stands as to the extent of its amending power.
One certainty that emerged out of various SC judgments is that all laws and constitutional amendments are now subject to judicial review and laws that transgress the basic structure is likely to be struck down by the SC. In essence Parliament’s power to amend the Constitution is not absolute and the Supreme Court is the final arbiter over and interpreter of all constitutional amendments.
Parliament has limited power to amend the Constitution. The parliament cannot damage the basic structure of the Constitution. Article 368 does not provide the power to the parliament regarding the Amendment in Part III of the Constitution. The Parliament by amending Article 368 cannot increase its Amendment powers.
2. Discuss the powers and functions of the President of India. 20
Ans) The powers of the President are broadly divided into two types, namely, ordinary and emergency powers. The ordinary powers of the President can be defined as executive, legislative, financial and judicial powers.
The power and functions of the President of India are:
The executive powers of the Union are vested in the President. Article 53 confers all executive powers in him and empowers him to exercise these powers directly by himself or through officer’s subordinate to him. Article 75 requires the Prime Minister to communicate to the President regarding all decisions of the Union Council of Ministers. Article 77 holds that all executive powers of the Union government shall be exercised in the name of the President. The President has both administrative and military powers. The supreme command of the armed forces is vested in him/her and all appointments in the armed forces are made under the authority of the President as the supreme commander of the armed forces.
The President appoints the Prime Minister and, on the latter’s advice, the council of ministers, the Attorney-General, the justices of the Supreme Court and High Courts, members of special commissions (such as the Union Public Service Commission and the Election Commission), and the governors of states. The choice of the Prime Minister is not a discretionary prerogative of the President but is usually dictated by the party commanding a majority following in the Lok Sabha.
The President of India is also the Commander-in-Chief of the Defence Forces. Executive He appoints the Chiefs of the Army, the Navy and the Air Force. He has the power to declare war and conclude peace. But all these powers must be exercised by him subject to the ratification of the Parliament.
When the Parliament is not in session, the President can promulgate ordinances in public interest. These ordinances have the same force and effect as the laws passed by the Parliament. However, they must be placed before the Parliament within a period of six weeks from the day of the reassembling of Parliament. Without the Parliament’s approval, the ordinance will become invalid.
Article 254 empowers the President to remove inconsistencies between laws passed by the Parliament and State Legislatures and the subjects included in the concurrent list. There is another legislative function of the President which has a bearing on states; the Governor of a state can reserve certain bills passed by the State Legislatures for the consideration of the President.
The judicial powers of the President of India include the appointment of the justices of the Supreme Court and High Courts, and the power to grant pardon, reprieve, suspension, remission or commutation of punishment or sentence of the court. These powers of granting pardon are given to the President for removing the extreme rigidity in the criminal laws and for protecting the persons on humanitarian considerations. The President also has the right to seek the advice of the Supreme Court on some important constitutional, legal and diplomatic matters. In 1977, the President sought the advice of the Supreme Court for creating Special Courts to try the emergency excesses.
Assignment - II
Â
Answer the following questions in about 250 words each.
Â
3. Explain the procedure for removing a Judge of the Supreme Court. 10
Ans) Article 124 to 147 in Part V of the Indian Constitution envisages the organisation, independence, powers, jurisdiction and procedures of the Supreme Court. There are currently 23 judges (including Chief Justice of India) against a maximum possible strength of 31. The President of India appoints the judges of the Supreme Court (SC). The judges of the Supreme Court (SC) can be removed and appointed by the order of the President of India.
The procedure for removing a Judge of the Supreme Court is as follows:
A removal motion signed by 100 members (If the removal motion is initiated in the Lok Sabha) or 50 members (if the motion is initiated in the Rajya Sabha) is to be given to Speaker/Chairman.
Speaker/Chairman may admit the motion or may refuse to admit the same.
If it is admitted, then the Speaker/Chairman constitutes a three-member committee to investigate the allegations charged against the judge.
Three-member committee comprises of
1. The Chief Justice or senior most judge of Supreme Court
2. Chief justice of the High Court and
3. A prominent jurist
If the committee finds the judge guilty of misbehaviour or incapacity, committee submits its report to the house and matter taken up for discussion in the house where it had been originally introduced.
Irrespective of which house introduced the motion, it should be passed by both the houses of the Parliament with special majority (a majority of total membership of that house and a majority of not less than 2/3 of the members of that house present and voting )
The passed motion is addressed to the President for the removal of the judge.
Finally, the President passes an order removing the judge and the judge is removed from the date of assent of the President.
4. Explain the powers and functions of the Speaker of Lok Sabha. 10
Ans) The position of the Speaker of the Lok Sabha is more or less similar to the Speaker of the English House of Commons. The office of the Speaker is a symbol of high dignity and authority. Once elected to the office, the speaker does not have affiliation to any party but works in an impartial manner. He/ She acts as the guardian of the rights and privileges of the members.
The Speaker has the power to ensure an orderly and efficient conduct of the proceedings of the House. He/she conducts the proceedings of the house, maintains order and decorum in the house and decides points of order, interprets, and applies rules of the house. The Speaker’s decision is final in all such matters. The Speaker certifies whether a bill is money bill or not and he/she also authenticates that the house has passed the bill before it is presented to the other House or the President of India for his assent. The Speaker in consultation with the leader of the house determines the order of business. He/she also decides on the acceptability of questions, motions and resolutions. The Speaker does not vote in the first instance but can exercise a casting vote in case of a tie. The Speaker appoints the chairpersons of all the Committees of the House and exercises control over the Secretarial staff of the house. The Speaker’s conduct cannot be discussed in the House except in a substantive motion. His/her salary and allowances are charged to the Consolidated Fund of India.
Â
5. Analyse the limitations of the Trade Union Movement in India. 10
Ans) The Trade Union Movement in India is faced with many limitations. Only a small fraction of the working class is organised. Even in the organised sector a sizable chunk of workers does not participate in Trade Union Movement Indian economy is largely agriculture based. Small peasants and agricultural labour encounter the problems of seasonal unemployment and low income. They are forced to go to cities in search of employment. Most of these workers Society and Politics are illiterate and ignorant and under the grip of superstitions and they have a migratory character. A large section of the workers does not show much interest in trade union movement because city life for them is a temporary condition. So, they do not realise the importance of unity among workers.
Another major weakness of trade union is poor finance. This is a fact that working class in India is a very small part of the population, but the main problem is the multiplicity of trade unions. The subscription rate of membership by Indian workers is small in comparison to their numbers. This makes the trade unions dependent on external finance and influence. Another weakness of the trade union movement has been the dominance of the leadership from outside. The main reason for this has been lack of education among the workers. Mostly leadership is provided by professional politicians. It is being increasingly felt that the working-class movement should be led by persons from the ranks of the workers who are aware of the problems and difficulties encountered by the working class.
Â
Â
Assignment - III
Â
Answer the following questions in about 100 words each.
Â
6. Explain the concept of Collective Responsibility. 6
Ans) The Council of Ministers functions on the principle of collective responsibility. Under this principle, all ministers are equally responsible for each act of government. That is, under the collective leadership, each minister accepts and agrees to share responsibility for all decisions of the cabinet. Doubts and disagreements are confined to the privacy of the cabinet room. Once a decision has been taken, it must be loyally supported and considered as the decisions of the whole government. If any member of the Council of Ministers is unable to support government policy in the Parliament or the country at large, that member is morally bound to resign from the Council of Ministers
Â
7. Explain the concept of Judicial Review. 6
Ans) The concept of judicial review means the revision of the decree or sentence of an inferior court by a superior court. Judicial review has a more technical significance in public law, particularly in countries having a written constitution, founded on the concept of limited government. Judicial review, in this case, means that Courts of law have the power of testing the validity of legislative as well as other governmental action concerning the provisions of the constitution. The Supreme Court’s power of judicial review extends to constitutional amendments as well as to other actions of the legislatures, the executive and the other governmental agencies.
8. What is the relationship between Gender and Development? 6
Ans) Gender-based inequality is largely rooted in social and economic disparities, lack of representation of women and transgender in decision making institutions. It can be argued that if women become economically independent, get educated, and get political representation, their equality can be achieved. Although economic independence helps in reduction of gender-based discrimination, it is not a sufficient condition. Such conditions can be supplemented by change in the patriarchal values. It means that men, women and transgenders are entitled for equal treatment as human beings. Even as job, education and health are important factors to remove gender-based inequality. They are inadequate without being accompanied by provisions for self-respect and dignity. That is possible by change in patriarchal values that support gender-based discrimination.
Â
9. What is Question Hour in Parliamentary procedure. 6
Ans) Activities of the Ministries are brought under scrutiny by the opposition during the two-hour long Question Hour at the beginning of each day of the Session in Parliament. The Council of Ministers makes recommendations to the President, in what is called ‘aids and advises’, in the affairs of the country. Important among the recommendations that we should be aware are those relating to dissolution of the Lok Sabha, declaring war or declaring a ‘state of Emergency’.
One of the important functions of the Parliament is to control the executive. Several mechanisms are available to it for this purpose. The rules of procedure and conduct of business in Parliament provide that unless the presiding officers are otherwise direct, every sitting begins with the Question Hour, which is available for asking and answering questions. Asking question is an inherent parliamentary right of all the members irrespective of their party affiliations. The real object of the member in asking the question is to point out the shortcomings of the administration, to ascertain the thinking of the government in formulating its policy and where the policy already exists, in making suitable modifications in that policy.
Â
10. Distinguish between Caste and Class.
Ans) Following are the main differences between class and caste systems:
Castes are found in Indian sub-continent only, especially in India, while classes are found almost everywhere. Classes are especially the characteristic of industrial societies of Europe and America. According to Dumont and Leach, caste is a unique phenomenon found only in India.
Classes depend mainly on economic differences between groupings of individuals—inequalities in possession and control of material resources—whereas in caste system non-economic factors such as influence of religion are most important.
Class system is typically more fluid than the caste system or the other types of stratification and the boundaries between classes are never clear-cut. Caste system is static whereas the class system is dynamic.
In the class system, there are no formal restrictions on inter-dining and inter-marriage between people from different classes as is found in the caste system. Endogamy is the essence of caste system which is perpetuating it.
100% Verified solved assignments from ₹ 40 written in our own words so that you get the best marks!
Don't have time to write your assignment neatly? Get it written by experts and get free home delivery
Get Guidebooks and Help books to pass your exams easily. Get home delivery or download instantly!
Download IGNOU's official study material combined into a single PDF file absolutely free!
Download latest Assignment Question Papers for free in PDF format at the click of a button!
Download Previous year Question Papers for reference and Exam Preparation for free!