IGNOU BPSC-102 Solved Question Paper PDF Download

IGNOU BPSC-102 Previous Year Solved Question Paper in Hindi

IGNOU BPSC-102 Previous Year Solved Question Paper in English

Q1. Elaborate the emergency powers of the President.

Ans. Introduction: The Constitution of India equips the President with extraordinary powers to deal with situations that threaten the sovereignty, unity, integrity, and security of the country. These powers are detailed in Part XVIII of the Constitution, from Articles 352 to 360 . The President exercises these powers on the advice of the Union Cabinet. The emergency provisions enable the Indian government to effectively handle any abnormal situation.

Types of Emergencies: The Constitution provides for three types of emergencies:

• National Emergency (Article 352): This can be declared on the grounds of war, external aggression, or armed rebellion . The term ‘armed rebellion’ was substituted for ‘internal disturbance’ by the 44th Amendment Act, 1978. The President can proclaim this emergency only after receiving a written recommendation from the Cabinet. Effects:
  • Centre-State relations become unitary; the Centre can give executive directions to states on any matter.
  • The Parliament gains the power to make laws on subjects in the State List.
  • Fundamental Rights under Article 19 are automatically suspended (Article 358).
  • The President can also suspend the enforcement of other Fundamental Rights (except Articles 20 and 21) by a specific order (Article 359).
• Failure of Constitutional Machinery in a State (President’s Rule) (Article 356): If the President is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution, he can declare President’s Rule. This is usually done based on a report from the Governor. Effects:
  • The President assumes all or any of the functions of the state government.
  • The legislative powers of the state are exercised by the Parliament.
  • In the S. R. Bommai case (1994) , the Supreme Court laid down guidelines to prevent its misuse.
• Financial Emergency (Article 360): If the President is satisfied that the financial stability or credit of India or any part of it is threatened, a financial emergency can be proclaimed. Effects:
  • The Centre can direct states to observe canons of financial propriety.
  • The President can issue directions for the reduction of salaries and allowances of all or any class of persons serving the Union and the states, including the judges of the Supreme Court and High Courts.

Conclusion:

The emergency powers of the President are a significant yet controversial part of the Indian constitutional framework. They are necessary to protect the nation from extraordinary threats, but constitutional and judicial safeguards are in place to prevent their potential misuse.

Q2. Describe the salient features of the Indian Constitution.

Ans. The Constitution of India is a unique document, crafted to meet the specific needs and aspirations of India by drawing inspiration from numerous sources. Its salient features distinguish it from the constitutions of other countries.

The major features are as follows:

• Lengthiest Written Constitution: The Indian Constitution is the longest and most detailed written constitution in the world. Originally, it contained a Preamble, 395 Articles (divided into 22 Parts), and 8 Schedules. Currently, it consists of about 470 Articles (divided into 25 Parts) and 12 Schedules. Its vastness is due to the country’s geographical diversity, historical factors, and the inclusion of provisions for both the Centre and the states in a single constitution.
• Drawn from Various Sources: The framers of the Constitution adopted the best features from several constitutions around the world. The parliamentary system of government and rule of law are from Britain, Fundamental Rights and judicial review from the USA, Directive Principles of State Policy from Ireland, and the ideals of Liberty, Equality, and Fraternity from France.
• Blend of Rigidity and Flexibility: It is neither wholly flexible like the British Constitution nor entirely rigid like the American Constitution. Some provisions can be amended by a simple majority in Parliament, while others require a special majority (and in some cases, ratification by half of the states).
• Federal System with Unitary Bias: The Constitution describes India as a “Union of States” and establishes a federal structure with powers divided between the Centre and the states. However, it contains several unitary features like a single citizenship, an integrated judiciary, All-India Services, and emergency provisions, giving it a unitary bias.
• Parliamentary Form of Government: India has adopted a parliamentary form of government, where the executive is responsible to the legislature for its policies and actions. The President is the nominal head of the state, while the real executive power is vested in the Council of Ministers, headed by the Prime Minister.
• Fundamental Rights, Duties, and Directive Principles: Part III contains the Fundamental Rights (e.g., equality, freedom, etc.) which are justiciable. Part IV contains the Directive Principles of State Policy (DPSP) which are non-justiciable but fundamental to governance. Part IV-A, added by the 42nd Amendment, lays down the Fundamental Duties for citizens.
• Secular State: The Constitution establishes a secular state. This means the state has no official religion and either treats all religions equally or maintains an equal distance from all religions.
• Universal Adult Franchise: The Constitution grants the right to vote to all citizens above the age of 18 without any discrimination of religion, caste, creed, sex, or education.

Conclusion:

The Indian Constitution is a dynamic and living document that reflects the aspirations of its citizens and upholds the democratic fabric of the nation.

Q3. Explain the differences between Fundamental Rights and Fundamental Duties.

Ans. Fundamental Rights and Fundamental Duties are two crucial aspects of the Indian Constitution, but they differ fundamentally in their nature, applicability, and enforceability. Together, they form the foundation of a responsible citizenry and a democratic society.

The key differences between them are as follows:

1. Nature and Concept:
   • Fundamental Rights: These are rights granted by the Constitution to citizens for their holistic development. They are essentially claims of the citizens against the state and impose negative obligations on the state not to violate these rights. They promote the ideal of political democracy.
   • Fundamental Duties: These are moral obligations of the citizens. They remind citizens that while enjoying their rights, they also have certain duties to perform towards their country, society, and fellow citizens. They aim to create a responsible civil society.
2. Constitutional Provision:
   • Fundamental Rights: They are enshrined in Part III (Articles 12 to 35) of the Constitution. This part is described as the ‘Magna Carta of India’.
   • Fundamental Duties: They were not part of the original Constitution. They were added by the 42nd Amendment Act, 1976 , on the recommendations of the Swaran Singh Committee , in Part IV-A (Article 51A) of the Constitution.
3. Justiciability:
   • Fundamental Rights: They are justiciable . This means if a citizen’s fundamental right is violated, they can directly approach the Supreme Court under Article 32 or the High Court under Article 226 for its enforcement.
   • Fundamental Duties: They are non-justiciable . This means they cannot be directly enforced by the courts upon their violation. However, the Parliament can make them enforceable by enacting laws (e.g., respecting the National Flag).
4. Scope and Applicability:
   • Fundamental Rights: They apply to all citizens, and some rights (like the right to life) also apply to foreigners in India. They restrain the state from doing certain things.
   • Fundamental Duties: They are applicable only to the citizens of India. They expect citizens to perform certain acts (e.g., to abide by the Constitution, to promote harmony).
5. Purpose:
   • Fundamental Rights: Their purpose is to protect the individual from arbitrary state action and ensure personal liberty.
   • Fundamental Duties: Their purpose is to promote nationalism, patriotism, and a sense of discipline among citizens.

Conclusion:

Although Fundamental Rights and Fundamental Duties are distinct, they are complementary. Rights without duties are meaningless. For an ideal democracy, it is essential that citizens are aware of their rights and at the same time, diligently perform their duties.

Q4. Write short notes on the following in about 200 words each : (a) Judicial Review (b) Public Interest Litigation

Ans. (a) Judicial Review Judicial Review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. If a law or order is found to be in violation of the provisions of the Constitution, the judiciary can declare it unconstitutional and void. This power establishes the principle of constitutional supremacy. The term ‘Judicial Review’ is not explicitly mentioned in the Indian Constitution, but its power is derived from various articles such as Articles 13, 32, 131-136, 143, 226, and 246 . Article 13 explicitly states that any law that violates Fundamental Rights shall be void. The scope of judicial review is on three grounds: (i) it infringes the Fundamental Rights, (ii) it is outside the competence of the authority which has framed it, and (iii) it is repugnant to the constitutional provisions. In the Kesavananda Bharati case (1973) , the Supreme Court propounded the doctrine of the ‘basic structure’ of the Constitution, which cannot be amended by the Parliament, and this has become an integral part of judicial review. Judicial review is a crucial tool for ensuring checks and balances in a democracy, protecting citizens’ rights, and maintaining federal equilibrium. (b) Public Interest Litigation (PIL) Public Interest Litigation (PIL) is litigation filed in a court of law for the protection of “public interest”. It is a relaxation of the traditional rule of ‘locus standi’ , according to which only the aggrieved party can approach the court for justice. Under PIL, any citizen or social organization can approach the court for the redressal of the rights of any person or group, especially if they are poor, illiterate, or unable to approach the court themselves for any reason. The concept of PIL emerged in India as a judicial innovation in the late 1970s and early 1980s, spearheaded by Justices V.R. Krishna Iyer and P.N. Bhagwati . Its primary objective was to make justice more accessible and to enforce the human rights of the weaker and disadvantaged sections of society. PIL has been used to raise various issues such as environmental protection, prisoners’ rights, child labour, and corruption of public officials. Although sometimes criticized for misuse and judicial activism, PIL has proven to be a powerful tool for promoting social justice and good governance in India.

Q5. How does 42nd Amendment of Constitution redefine the role of the President ? Explain.

Ans. The 42nd Amendment Act, 1976 , is one of the most extensive and controversial amendments in Indian constitutional history. Passed during the Emergency by the Indira Gandhi government, it made significant changes to many parts of the Constitution, particularly regarding the role of the President. This amendment explicitly subordinated the President’s position to that of the Council of Ministers headed by the Prime Minister.

Position Before the 42nd Amendment: The original Constitution, in Article 74(1) , stated that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President”. While it was an established parliamentary convention that the President acts on the advice of the Council of Ministers, the Constitution did not explicitly state that this advice was “binding” on the President. This ambiguity led to a debate on whether the President could use his discretion or reject the advice in certain circumstances.

The Change Made by the 42nd Amendment: The 42nd Amendment sought to end this debate and define the President’s role definitively. It amended Article 74(1) to add the provision that: “The President shall , in the exercise of his functions, act in accordance with such advice.”

By using the word “shall”, this amendment made the advice of the Council of Ministers legally binding on the President. It stripped the President of any potential discretionary authority and reduced him to the position of a constitutional or nominal head who must, without exception, endorse the decisions of his government.

Impact of the Amendment: This change fundamentally altered the nature of India’s parliamentary system. It concentrated executive power entirely within the Council of Ministers, making the President’s role largely ceremonial. Critics argued that this weakened the principle of checks and balances, as the President could no longer act as an effective check on the decisions of the cabinet.

Correction by the 44th Amendment: After the Emergency, the Janata Party government made a minor correction to this rigid provision through the 44th Amendment Act, 1978 . It added a proviso to Article 74(1), giving the President the power to send the advice of the Council of Ministers back for reconsideration once . However, if the Council sends the advice back after reconsideration (with or without modification), the President is bound to accept it.

Conclusion: In essence, the 42nd Amendment redefined the President’s role as one that was completely subservient to the advice of the Council of Ministers, effectively ending his discretionary powers. It clearly established that real executive power lies with the elected government, not the President. Although the 44th Amendment provided a minor check and balance, it upheld the basic principle established by the 42nd Amendment that the President must ultimately act on the advice of the Council of Ministers.

Q6. Explain the powers and functions of the Supreme Court of India.

Ans. The Supreme Court of India stands at the apex of the Indian judicial system. It is the final interpreter and guardian of the Constitution and the guarantor of the fundamental rights of citizens. Articles 124 to 147 deal with the organisation, independence, jurisdiction, powers, and procedures of the Supreme Court. Its powers and functions are extensive and can be classified as follows:

1. Original Jurisdiction (Article 131): This means that certain cases can originate directly in the Supreme Court. It covers disputes between:

• The Government of India and one or more States.
• The Government of India and any State or States on one side and one or more other States on the other.
• Two or more States.

This jurisdiction is exclusive, meaning no other court can hear such cases.

2. Writ Jurisdiction (Article 32): The Supreme Court is empowered to issue directions, orders, or writs for the enforcement of the Fundamental Rights of citizens. The writs are: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto . Due to this power, the Supreme Court is called the ‘guarantor and defender of Fundamental Rights’.

3. Appellate Jurisdiction: The Supreme Court is the highest court of appeal. It hears appeals against the judgments of the High Courts. This is categorized into four heads:

• Appeals in Constitutional matters (Article 132): If the High Court certifies that the case involves a substantial question of law requiring the interpretation of the Constitution.
• Appeals in Civil matters (Article 133): If the case involves a substantial question of law of general importance.
• Appeals in Criminal matters (Article 134): If the High Court has reversed an order of acquittal of an accused person and sentenced him to death.
• Appeal by Special Leave (Article 136): The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, or order passed by any court or tribunal in India (except military tribunals).

4. Advisory Jurisdiction (Article 143): The President can seek the opinion of the Supreme Court on any question of law or fact of public importance. The Supreme Court may give its opinion, but it is not binding on the President.

5. A Court of Record (Article 129): The Supreme Court is a court of record. Its judgments and proceedings are recorded for evidence and cannot be questioned in any subordinate court. It also has the power to punish for its contempt.

6. Power of Judicial Review: The Supreme Court has the power to examine the constitutionality of legislative and executive orders of the central and state governments. If any law or order violates the Constitution, it can be declared illegal and void.

Conclusion: Through the above powers, the Supreme Court of India not only delivers justice but also plays a crucial role in upholding the supremacy of the Constitution, maintaining the federal balance, and protecting the rights and liberties of citizens.

Q7. What are the major functions of the Parliament ? Critically examine.

Ans. The Parliament is the supreme legislative body in the Indian democratic system. It is the symbol of the people’s will and sovereignty. Its functions are multifaceted, extending far beyond mere law-making.

Major Functions of the Parliament:

1. Legislative Function: The primary function of Parliament is to make laws for the country. It can legislate on subjects mentioned in the Union List and the Concurrent List. It also legislates on residuary subjects (those not in any list).
2. Control over the Executive: In a parliamentary system, the executive (the government) is responsible to the legislature (the Parliament). Parliament exercises control over the government through various means, such as:
   • Question Hour, Zero Hour: Members ask questions to ministers about the functioning of their departments.
   • Various Motions: The government’s policies are criticized through adjournment motions, calling attention motions, and censure motions.
   • No-Confidence Motion: If a no-confidence motion is passed in the Lok Sabha, the government must resign.
3. Financial Function: Parliament has complete control over the country’s finances. The government can neither levy a tax nor incur any expenditure without Parliament’s approval. Parliament passes the annual Budget and uses financial committees (like the Public Accounts Committee) to scrutinize public accounts.
4. Constituent Function: Parliament has the power to amend the Constitution under Article 368 . However, it cannot alter the ‘basic structure’ of the Constitution.
5. Judicial Function: Parliament has the power to impeach the President, remove the Vice-President, and initiate the process for the removal of judges of the Supreme Court and High Courts.
6. Electoral Function: Parliament participates in the election of the President and the Vice-President of India.
7. Deliberative Function: Parliament is the highest forum for debate and discussion on issues of national and international importance. It helps in expressing diverse viewpoints and building consensus.

Critical Examination:

While the functions of Parliament are vital, concerns have been raised about the decline in its effectiveness in recent years:

• Decline in the Quality of Debate: It is often observed that crucial bills are passed in haste without adequate debate. Disruptions and pandemonium have become common in parliamentary proceedings, reducing the level of legislative scrutiny.
• Weakening of the Committee System: There is a growing trend of passing bills without referring them to parliamentary committees. Committees conduct detailed examinations of bills, and bypassing this process affects the quality of laws.
• Increasing Dominance of the Executive: When the ruling party has a large majority, Parliament’s ability to act as an effective check on the executive is weakened. The government often pushes through legislation at its will.
• Increased use of Ordinances: Governments often use the ordinance route to bypass the legislative process, which undermines Parliament’s law-making role.

Conclusion:

Parliament is the cornerstone of Indian democracy, and its functions are critically important. However, its functioning needs improvement so that it can effectively control the executive and make better laws through deliberation. Strengthening the committee system and ensuring meaningful debate in the House are crucial steps to re-establish its effectiveness.

Q8. Write short notes on the following in about 200 words each : (a) Role of the Constituent Assembly (b) Directive Principles of State Policy

Ans. (a) Role of the Constituent Assembly The role of the Constituent Assembly was to draft a constitution for independent India. It was formed under the Cabinet Mission Plan of 1946 . Its members were indirectly elected by the members of the Provincial Assemblies, and it included eminent personalities from all sections of Indian society. Dr. Rajendra Prasad was its President, and Dr. B. R. Ambedkar was the Chairman of the Drafting Committee. The Constituent Assembly played a dual role. Its first and most important task was to create a democratic and enduring constitution for India. It worked for a period of 2 years, 11 months, and 18 days through various committees. Its debates were comprehensive, thorough, and based on consensus, reflecting the diverse interests and aspirations of India. Its second role was to function as the first provisional Parliament of India. From August 15, 1947, until the first general elections in 1951-52, it enacted ordinary laws for the country and oversaw the functioning of the government. Thus, the Constituent Assembly not only laid the foundation of India’s constitutional framework but also governed the country in its initial post-independence years, ensuring the establishment of a stable and democratic republic. (b) Directive Principles of State Policy (DPSP) The Directive Principles of State Policy (DPSP) are enumerated in Part IV (Articles 36 to 51) of the Indian Constitution. They are inspired by the Irish Constitution. These principles lay down the ideals that the State (Central, state, and local governments) should keep in mind while framing policies and enacting laws. Unlike Fundamental Rights, the DPSPs are non-justiciable , meaning they are not directly enforceable by the courts. However, Article 37 states that these principles are “fundamental in the governance of the country” and it shall be the duty of the State to apply these principles in making laws. The main objective of these principles is to establish a ‘welfare state’ in India, which ensures social and economic justice. They can be broadly classified into three categories: Socialistic (e.g., equal pay for equal work), Gandhian (e.g., organisation of village panchayats), and Liberal-Intellectual (e.g., Uniform Civil Code). Many important laws, such as the Minimum Wages Act, Panchayati Raj acts, and environmental protection laws, have been enacted by taking inspiration from these Directive Principles. They act as a moral compass for the government.