Chapter 3 – State Government.

05 Dec 2020 12:59 pm

Tamilnadu, board, samacheer kalvi, ssc, civics, Chapter 3, State Government,

I. Choose the correct answer

Question 1.

The Governor of the State is appointed by the:

(a) Prime Minister

(b) Chief Minister

(c) President

(d) Chief Justice

Answer:

(c) President

Question 2.

The Speaker of a State is a ……………

(a) Head of State

(b) Head of government

(c) President’s agent

(d) None of these

Answer:

(d) None of these

Question 3.

Which among the following is not one of the powers of the Governor?

(a) Legislative

(b) Executive

(c) Judicial

(d) Diplomatic

Answer:

(d) Diplomatic

Question 4.

Who can nominate one representative of the Anglo-Indian Community to the State Legislative Assembly?

(a) The President

(b) The Governor

(c) The Chief Minister

(d) The Speaker of State legislature

Answer:

(b) The Governor

Question 5.

The Governor does not appoint:

(a) Chief Minister

(b) Chairman of the State Public Service Commission

(c) Advocate General of the State

(d) Judges of the High Court

Answer:

(d) Judges of the High Court

Question 6.

The Chief Minister of a State is appointed by …………….

(a) The State Legislature

(b) The Governor

(c) The President

(d) The Speaker of State Legislative Assembly

Answer:

(b) The Governor

Question 7.

The State Council of Ministers is headed by:

(a) The Chief Minister

(b) The Governor

(c) The Speaker

(d) The Prime Minister

Answer:

(a) The Chief Minister

Question 8.

The Legislative Council ………….

(a) has a term of five years

(b) has a term of six years

(c) is a permanent house

(d) has a term of four years

Answer:

(c) is a permanent house

Question 9.

The minimum age for the membership of the Legislative Council is:

(a) 25 years

(b) 21 years

(c) 30 years

(d) 35 years

Answer:

(c) 30 years

Question 10.

The members of the Legislative Council are ……………

(a) Elected by the Legislative Assembly

(b) Mostly nominated

(c) Elected by local bodies, graduates, teachers, Legislative Assembly etc.

(d) Directly elected by the people

Answer:

(c) Elected by local bodies, graduates, teachers, Legislative Assembly etc.

Question 11.

Which one of the following States does not possess a bicameral legislature?

(a) Andhra Pradesh

(b) Telangana

(c) Tamil Nadu

(d) Uttar Pradesh

Answer:

(c) Tamil Nadu

Question 12.

The High Courts in India were first started at ………………….

(a) Calcutta, Bombay, Madras

(b) Delhi and Calcutta

(c) Delhi, Calcutta, Madras

(d) Calcutta, Madras, Delhi

Answer:

(a) Calcutta, Bombay, Madras

Question 13.

Which of the following States have a common High Court?

(a) Tamil Nadu and Andhra Pradesh

(b) Kerala and Telangana

(c) Punjab and Haryana

(d) Maharashtra and Gujarat

Answer:

(c) Punjab and Haryana

II. Fill in the blanks

Governor of the state government surrenders his resignation to ………………..

Members of the Legislative assembly (MLAs) elected by the ………………..

……………….. is the first women Governor of Tamil Nadu.

……………….. acts as the chancellor of universities in the state.

The Seventh Amendment Act of ……………….. authorised the Parliament to establish a common high court for two or more states.

The Chairman and Members of the State Public Service Commission can be removed only by the ………………..

Answers:

The President

people

Mrs.Fathima Beevi

The Governor

1956

President

III. Match the following

1

Answer:

A. (ii)

B. (i)

C. (iv)

D. (v)

E. (iii)

IV. Choose the correct statement

Question 1.

(i) Only some states in India have Legislative Councils.

(ii) Some members of Legislative Councils are nominated.

(iii) Some members of Legislative Councils are directly elected by the people.

(iv) Some members are elected by Local bodies.

(a) (ii) and (iv) are correct

(b) (iii) and (iv) are correct

(c) (i) and iv are correct

(d) (i), (ii) and (iii) are correct

(e) (i), (ii) and (iv) are correct

Answer:

(e) (i), (ii) and (iv) are correct

Question 2.

Assertion (A): There are limitations on the Legislative authority of the State Legislature.

Reason (R): Certain bills on the State List can be introduced in the State

Legislature only with the President’s approval.

(a) (A) is false but (R) is true

(b) (A) is true but (R) is false

(c) Both (A) and (R) are true and (R) is the correct reason for (A)

(d) Both (A) and (R) are true and (R) is not the correct reason for (A).

Answer:

(c) Both (A) and (R) are true and (R) is the correct reason for (A)

V. Answer in brief questions

Question 1.

How the state of Jammu and Kashmir differ from the other states of India?

Answer:

(i) The Constitution of India grants special status to Jammu and Kashmir among Indian States, and it is the only state in India to have a separate Constitution.

(ii) The Directive Principles of the State Policy and Fundamental Duties of the Constitution are not applicable to the State of Jammu and Kashmir.

(iii) Rights to property, which is denied as a Fundamental Right to rest of India is still guaranteed in Jammu and Kashmir.

Question 2.

What is the importance of the Governor of a state?

Answer:

The Governor is the constitutional head of the state executive.

The administration of a state is carried on in the name of the governor.

The Governor is an integral part of the state legislature. But he is not a member in the legislature.

He has the right to summon, prorogue the state legislature and dissolve the Assembly.

Under Article 213 he can promulgate ordinances when the state legislature is not in session.

Question 3.

What are the qualifications for the appointment of Governor?

Answer:

Qualifications of the Governor is given below

He should be a citizen of India.

He must have completed 35 years of age.

He should not be a member of Parliament or any State legislature.

He should not hold any other profitable occupation.

Question 4.

What is the original Jurisdiction of the High Court?

Answer:

Only in matters of admiralty, probate, matrimonial and contempt of Court the High Courts have original Jurisdiction.

The presidency High Courts ( Bombay, Calcutta and Madras) have original Jurisdiction in which the amount involved is more than 2000 and the criminal cases which are committed to them by the presidency magistrates.

Question 5.

What do you understand by the “Appellate Jurisdiction” of the High Court?

Answer:

As courts of appeal, all High Courts hear appeals in both civil and criminal cases against the divisions of the subordinate courts and can review their judgements.

VI. Answer in Detail

Question 1.

What are the powers and functions of the Chief Minister?

Answer:

The leader of the majority’ party or majority group in the state Legislative Assembly is appointed as the Chief Minister by the Governor.

The Chief Minister is the real executive head of the state administration.

The Powers and Functions of the Chief Minister:

Relating to the council of Ministers

Relating to the Governor

Relating to the State Legislature

Other functions and powers

Relating to the Council of Ministers:

The Chief Minister recommends a person who can be appointed as Minister by the Governor.

He allocates the port folios to the Ministers

He shuffles and reshuffles his ministry

He presides over the cabinet meetings and influences its decisions,

In case of difference of opinion he can ask a minister to resign or advices the Governor to dismiss him,

If the Chief Minister resigns the council of Ministers are also should resign.

He guides, directs, controls and coordinates the activities of all the Ministers.

Relating to the Governor:

The Chief Minister is the link between the Governor and the Council of Ministers.

He advices the Governor in relation to the appointment of Advocate general of the state, State Election Commissioner, Chairman and members of the State Planning Commission, State Public Service Commission and the State Finance Commission.

Relating to State Legislature:

On the advice of the Chief Minister Governor officially summons & prorogues the sessions of the state legislature.

He announces the government policies on the floor of the house.

He can introduce the bills in the Legislative Assembly.

Recommend for the dissolution of the Legislative Assembly to the Governor any time.

Other function and powers:

As the leader of the party he has to control the party and develop the disciplines.

To consider the demands of the different sections of the people.

As the political head supervise control and co-ordinate the secretaries of various departments in the state level.

For the smooth functioning of the state he has to develop a good rapport with the Central (Union) Government for good Centre-State relation.

Question 2.

Describe the various powers and functions of the Governor.

Answer:

The powers and functions of the Governor are:

(i) The Governor is the Constitutional head of the State. All the administration is carried on in his name.

(ii) He appoints the leader of the majority party in the State Legislative Assembly as the Chief Minister of the State. He appoints other members of the council of Ministers on the recommendation of the Chief Minister.

(iii) He appoints the Advocate General of the State, the chairman and members of the State Public Service Commission, the State Election Commissioner, the Attorney General of the State etc.

(iv) He has the right to summon, prorogue the State Legislature and dissolve the State Legislative Assembly.

(v) The Money Bills can be introduced in the State Legislature only with the prior recommendation of the Governor.

(vi) He constitutes a Finance Commission after every five years to review the financial position of the panchayats and the municipalities.

Question 3.

Briefly discuss the Functions of the State Legislature.

Answer:

Legislative powers:

As per the constitution can pass laws on all subjects mentioned in the State List.

The passing of Bill into law follows the same procedure as in the union Parliament.

The state can make laws on concurrent subject also. The state made law will become inoperative when the Centre also passes law on the same subject.

The Bill passed in the State legislature will become law after Governor’s assent.

Financial powers:

Money bills can be introduced only in the Lower House or Assembly

No new tax can be levied without the sanction and permission of the Assembly.

The Legislature controls the finances of the State.

Control over the Executive:

The Legislature controls over the Executive.

The Council of Ministers is responsible to the Assembly.

They can be removed from the power if the Assembly passes “No confidence motion” against the Ministry.

Question 4.

Critically examine the functions and powers of the Council of Ministers.

Answer:

The functions and powers of the Council of Ministers –

It formulates and decides the policies of the State and implements them effectively.

It decides the legislative programmes of the Legislative Assembly and sponsors all important bills.

It controls the financial policy and decides the tax structure for the public welfare of the State.

It chalks out programmes and schemes for the socio-economic changes so that the State makes headway in various inter-related fields,

It makes the important appointments of the heads of departments.

The Annual Financial Statement called as the Budget is finalised by the Council of Ministers.

It advises the Governor on the appointment of judges of the subordinate courts.

Question 5.

Describe the powers and functions of the High Court

Answer:

High Court is the highest court in the state. Every High Court consists of a Chief Justice and other judges appointed by the President. The High Court enjoys the following Jurisdiction.

(i) Original Jurisdiction: The High Court can hear the cases like such as matters of admiralty, probate and matrimonial, contempt of court and in criminal cases.

(ii) Appellate Jurisdiction: As courts of appeal all High Courts appeals in civil and criminal cases and also cases of their own.

(iii) Writ Jurisdiction: Writs are issued by the High Court not only for the enforcement of fundamental rights but also where an ordinary legal rights has been infringed.

Kinds of Writs: Habeas Corpus, Mandamus, Prohibition ,Quo Warranto, Certiorari.

(iv) Supervisory Jurisdiction:

(a) High Court has the power of superintendence over all courts and tribunals, (except military courts)

(b) High Court has an administrative powers.

(c) Its law is binding on all subordinate courts functioning within its territorial jurisdiction.

(d) It is consulted by the governor in the matters of appointment , posting and promotion, grant of leave, transfers and discipline court of Record.

(e) All the decisions and decrees issued by the High Court are printed and kept as a record for future needs.

Judicial Review: To examine the constitutionality of Legislative enactments and executive orders of both the central and the State Governments.

VII. Project & Activity

Question 1.

Prepare a flow chart showing the State Government’s Administrative setup.

Answer:

Question 2.

Students to list out the names of the Tamil Nadu Governor, Chief Minister, Ministers and the Governors and Chief Ministers of the neighbouring States.

Answer:

Important Questions and Answers

I. Choose the Correct Answer

Question 1.

The State of ……………… has a separate constitution.

(a) Punjab & Haryana

(b) Jammu & Kashmir

(c) Kerala & Karnataka

(d) None of these

Answer:

(b) Jammu & Kashmir

Question 2.

Who is not appointed by the Governor?

(a) The Advocate General of the State

(b) The State Election Commissioner

(c) The Chairman of the State Public Service Commission

(d) The Chief Justice of the High Court

Answer:

(d) The Chief Justice of the High Court

Question 3.

The administration of the State is carried on in the name of the:

(a) Chief Minister

(b) Council of Ministers

(c) Speaker

(d) Governor

Answer:

(d) Governor

Question 4.

How many High Courts are there for all 29 States?

(a) 29

(b) 27

(c) 25

(d) 22

Answer:

(c) 25

Question 5.

The ……………… has the power to summon, prorogue the State Legislative Assembly.

(a) President

(b) Governor

(c) Chief Minister

(d) Chairman of the Legislative Council

Answer:

(b) Governor

Question 6.

The State Government consists of …………… branches.

(a) two

(b) three

(c) five

Answer:

(b) three

Question 7.

Under Article ……………… the Governor can pass ordinance when the State Assembly is not in session.

(a) 311

(b) 312

(c) 213

(d) 32

Answer:

(c) 213

Question 8.

The ……………. provides a legislature for every state.

(a) Constitution

(b) Lok Sabha

(c) Rashtrapathi Bhavan

Answer:

(a) Constitution

Question 9.

The total strength of Legislative Assembly of Tamil Nadu is:

(aj 231

(b) 240

(c) 245

(d) 235

Answer:

(d) 235

Question 10.

……………… can introduce the Bills in the Legislative Assembly.

(a) Prime Minister

(b) Advocate general

(c) Chief Minister

Answer:

(c) Chief Minister

Question 11.

The institution of High Court originated in India in:

(a) 1826

(b) 1816

(c) 1862

(d) 1870

Answer:

(c) 1862

Question 12.

The Statue of ……………… has been kept in front of the High Court building.

(a) Rajaraja Cholan

(b) Sama Needhi Kanda Cholan (Manu needhi Cholan)

(c) Karikal Cholan

(d) Rajendra Cholan

Answer:

(b) Sama Needhi Kanda Cholan (Manu needhi Cholan)

II. Fill in the blanks

Article 226 and 227 confer the power of ……………….. on a high court.

The ……………….. is the real centre of power in the State.

The Legislature of s State or a High Court has no power in the removal of ………………..

The present Chief Minister of Tamil Nadu is ………………..

The present Governor of Tamil Nadu is ………………..

The maximum strength of the Legislative Assembly must not below ………………..

The Standing committee of the Cabinet is ………………..

The ……………….. is removed from the office by a resolution of the Assembly after giving a 14 days notice.

The Legislative Council is the ……………….. of the State legislature.

Article ……………….. deals with the creation or abolition of Legislative Council.

Answers:

Judicial review

Legislative Assembly

Governor

Thiru Edappadi K. Palaniswami

Thiru Banvarilal Purohit

Sixty

Permanent

Speaker

III. Match the following

Question 1.

Match the Column I with Column II.

5

Answer:

A. (v)

B. (iv)

C. (i)

D. (ii)

E. (iii)

Question 2.

Match the Column I with Column II.

6

Answer:

A. (iv)

B. (i)

C. (v)

D. (ii)

E. (iii)

IV. Choose the correct statement

Question 1.

Assertion (A): The term of the Chief Minister is not fixed.

Reason (R): He may remain as the Chief Minister as long as he enjoys the support of the majority of the members of the State Legislative Assembly.

(a) Both (A) and (R) are true and (R) is the correct reason for (A)

(b) (A) is false (R) is true

(c) Both (A) and (R) are true and (R) is not the correct reason

(d) (A) is true but (R) is false

Answer:

(a) Both (A) and (R) are true and (R) is the correct reason for (A)

Question 2.

Assertion (A): The number of judges varies from State to State.

Reason (R): The number of judges of each High Court is determined by the President. .

(a) (A) is false (R) is true

(b) Both (A) and (R) are correct (R) is the correct reason for A

(c) (A) and (R) are true and (R) is not the correct reason for A

(d) (A) is true (R) is false

Answer:

(b) Both (A) and (R) are correct (R) is the correct reason for A

Question 3.

(i) High Courts are given power to issue writs under Article 226 of the constitution.

(ii) The jurisdiction is limited only to the fundamental rights.

(iii) Writs are issued by the High Court when an ordinary legal right has been fringed.

(iv) Article 32 empowered to issue such writs.

(a) (i) and (ii) are correct

(b) (i), (iii) and (iv) are correct

(c) (i) and (iii) are correct

(d) (iii) and (iv) are correct

Answer:

(c) (i) and (iii) are correct

Question 4.

(i) Council of Ministers work as a team under the Chief Minister.

(ii) Council of Ministers are collectively responsible to the State Assembly.

(iii) The State ministry will be in power after the resignation of the Chief Minister.

(iv) Councils of Ministers do not aid and advice the Governor.

(a) (i) and (ii) are correct

(b) (ii) and (iii) are correct

(c) (ii) and (iv) are correct

(d) (iii) and (iv) are correct

Answer:

(a) (i) and (ii) are correct

V. Answer in brief

Question 1.

Write a short note on cabinet and cabinet committees.

Answer:

The Cabinet is the nucleus of the Council of Ministers. It consists of only the Cabinet Ministers. It is the real centre of authority in the State Government.

The cabinet works through various committees called Cabinet Committees. They are of two types – standing and ad hoc – the former are of a permanent nature while the latter are of a temporary nature.

Question 2.

How the Governor is appointed to a state?

Answer:

The Governor of a state is appointed by the President.

Generally, the Governor does not belongs to the state where he is appointed.

He also be transferred from one State to another.

If situation warrants so, the same person may be appointed as the Governor of two or more States.

Usually the term of office is five years but he may be appointed as a Governor any number of terms during the pleasure of the President.

Question 3.

Throw light on the emergency powers of the Governor.

Answer:

If the Governor is convinced that the Government of the State is not carried on in accordance with the provisions of the constitution, he may recommend to the President to impose Present Rule in that State. As soon as the President Rule is imposed, the administration of the State is carried on by the Governor as the representative of the President.

Question 4.

What is the strength of Tamil Nadu Legislative Assembly?

Answer:

In Tamil Nadu according to the strength of legislative Assembly (234 +1) . 234 members are directly elected by the people from the constituencies on the basis of adult franchise and one member is nominated by the Governor from Anglo-Indian community.

Question 5.

How are the members of the Legislative Council elected?

Answer:

The members of the Legislative Council or the Upper House are elected in the following ways.

1/3 of the members are elected by local bodies. .

1/12 of the members are elected by graduates of the universities in the State.

1/12 of the members are elected by the graduate teachers.

1/3 of the members are elected by the members of the Legislative Assembly.

1/6 is nominated by the Governor who is eminent in the field of literary excellence, art, social or cooperates.

Question 6.

Write a brief note on the High Court of Madras?

Answer:

The High Court of Madras is the one of the three High Courts in India, established in the three presidency Towns of Bombay, Calcutta and Madras by letters patent granted by Queen Victoria dated 26th June 1862.

The High Court building is the second largest Judicial complex in the world after London.

Question 7.

Where were High Courts first established and when?

Answer:

High Courts were first established in the three Presidency cities of Calcutta, Bombay and Madras in 1862.

Question 8.

How many High Courts are there in our country and who decides the number of judges to each High court?

Answer:

At present there are 25 High courts for 29 states (including New Andhra Pradesh High court established in 1st January 2019 at Amaravati) and seven union territories.

The number of judges of each High Court is determined by the President.

Question 9.

What do you mean by appellate system?

Answer:

It means that a person can appeal to a higher Court if they are not satisfied with the judgement of the lower Court.

Question 10.

Which Amendment abolished the power of Judicial Review by the state High Court? And by which amendment it was restored?

Answer:

The 42nd amendment of 1976 curtailed the power of Judicial Review by the High Court.

It debarred the constitutional validity of any central law.

The 43rd Amendment Act of 1977 restored the original position.

VI. Answer in Detail

Question 1.

What are all the privileges enjoyed by the Governor?

Answer:

Article 361 (1) provides the following privileges to the Governor.

The Governor of the state, is not answerable to any court for the exercise and performance of the powers and duties of his office.

No criminal proceedings what so ever shall be instituted or continued against the Governor of a state, in any court during his term of office.

No process for the arrest or imprisonment of the Governor of a state shall issue from any court during his term of office.

No civil proceedings in which relief is claimed against the Governor of the state.

Question 2.

How does a High Court keep control over the subordinate courts?

Answer:

A High, fourt has an administrative control over the subordinate Courts.

(i) It is consulted by the Governor in the matters of appointment, posting and promotions of District Judges and in appointments of persons to the judicial service of the State.

(ii) It deals with the matters of posting, promoting, grant of leave, transfers and discipline of . the members of the judicial services of the State.

(iii) It can withdraw a case pending in a subordinate court if it involves a substantial question of law that requires the interpretation of the Constitution. It can then either dispose of the case itself or determines the questions of law and return the case to the subordinate court with its judgement.

(iv) Its law is binding on all subordinate Courts functioning with its territorial jurisdiction in the same sense as the law declared by the Supreme Court is binding on all Courts in India.

Question 3.

Write about the Writs issued by the High Court?

Answer:

Under Article 226 of the constitution the High Courts are given powers of issuing writs. They are:

Habeas Corpus: It is issued to a detaining authority ordering the detainer to produce the detained person in the issuing court, along with the cause of his or her detention.

If the detention is found to be illegal, the court issues an order to set the person free.

Mandamus: It is issued to a Subordinate Court, an office or Government, or a Corporation or other Institution commanding the performance of certain acts or duties.

Prohibition: The writ of prohibition is issued by a higher court to a lower court prohibiting it from taking up a case because it is not under the jurisdiction of the lower court. Thus the higher court transfers the case to it. Quo Warranto: It is issued against a person the legality of holding a public office. Through this writ the court inquires “by what authority”? The person supports his / her claim.

Certiorari: This writ is issued to lower court directing that the record of a case be sent up for review, together with all supporting files, evidence and documents. It is one of the mechanism by which the fundamental rights of the citizens are upheld.

Question 4.

What are the works done by the High Court under supervisory Jurisdiction?

Answer:

The High Court has the power of superintendence over all Courts and Tribunals functioning in its Territorial Jurisdiction ( except the Military Courts or Tribunals).

Thus it may

Call for returns from them.

Make an issue, general rules and prescribe forms for regulating the practice and proceedings of them.

Prescribe forms in which books, entries and accounts are to be kept by them and

Settle the fee payable to the sheriff, clerks, officers and legal practitioners of them.


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