Chapter 19. Governance at the State Level Textbook Solutions

NIOS Social Science Class 10 Chapter 19 Solutions

INTEXT QUESTIONS 19.1

1. There is one correct option out of four given in each of the following sentences.

Tick (√) the correct option:

(i) The Governor is: 

(a) elected 

(b) appointed 

(c) nominated 

(d) selected.

Ans: (b) appointed 

(ii) The candidate for the post of the Governor should have the age of: 

(a) 18 years 

(b) 23 years 

(c) 30 years 

(d) 35 years.

Ans: (d) 35 years.

(iii) The tenure of the Governor is: 

(a) 2 years 

(b) 5 years 

(c) 6 years 

(d) for life.

Ans: (b) 5 years 

2. Given below are some statements. Indicate which statement is right and which is wrong.

(i) The Governor can appoint any person the Chief Minister and a Member of the Council of Ministers. Right/Wrong

Ans: Wrong

(ii) The Governor can appoint the Chairperson of the State Public Service Commission on the advice of the Council of Minsters. Right/Wrong

Ans: Right

(iii) The Governor is an inseparable part of the State Legislature. Right/Wrong

Ans: Right

(iv) There is no need of getting the consent of the Governor, if a Bill is passed by the State Legislature. Right/Wrong

Ans: Wrong

(v) No Money Bill can be introduced in the Legislative Assembly without the recommendations of the Governor. Right/Wrong

Ans: Right

3. In one of the States, the Lokayukta had established corruption charge against the Chief Minister and a few Ministers. Demands were made for the resignation of the Chief Minister. In that situation the Governor sent a report to the President suggesting the State government was not functioning according to the Constitution and recommended the imposition of President’s Rule on the State. Which power did the Governor use? Why do you think the Governor has been given such powers?

Ans: Write the answer based on your understanding. You may refer to Section 19.1.2(d)

INTEXT QUESTION 19.2

1.. Identify which of the following statements is right and which is wrong:

(i) The Governor presides over the meetings of the Council of Ministers. Right/Wrong

Ans: Wrong

(ii) The Chief Minister is the sole link between the Governor and the Council of Ministers. Right/Wrong

Ans: Right

(iii) The Chief Minister can be asked by the Governor to place any matter for the consideration of the Council of Ministers. Right/Wrong

Ans: Wrong

(iv) The Governor is the real head of the government in the State. Right/Wrong

Ans: Wrong

(v) The Chief Minister can be asked by the Governor to place a matter which has been decided by a Minister for the consideration of the Council of Minister. Right/Wrong

Ans: Right

2. Consider the following case:

“Quite a few serious corruption charges have been levelled against the Chief Minister of a State. The media has come out with strong evidence against this Chief Minister. In view of this case answer the following questions with justifications:

• (i) Should the Governor send a report to the President recommending imposition of President’s Rule?
• (ii) Should the Constitution be amended to give the right to the people to call back (right to recall ) corrupt elected representatives ?
• (iii) Should the government continue in the interest of democracy, because the government is democratically elected and has the mandate received during last elections to rule over the State?

Ans: Write the answer based on your understanding of the role of the Governor in Indian democracy. You can find out more about similar cases from elders or your teachers.

INTEXT QUESTIONS 19.3

Answer the following Questions:

(i) Which are the three States which have a bicameral legislature.

Ans: Bihar, Jammu & Kashmir, Karnataka

(ii) What would happen if a Money Bill passed by the Assembly and sent to the Legislative Council is not returned within 14 days?

Ans: Bill will be deemed to have been passed by both Houses

(iii) How much time is given to the Vidhan Parishad for passing an ordinary bill?

Ans: One month

(iv) What are the two main ways in which the Legislative Assembly keeps its control over the Council of Ministers?

Ans: By asking questions and supplementary questions, moving adjournment motion and calling attention notices, and by passing a no-confidence motion, in which case the Council of Ministers resigns.

(v) What are the two electoral functions of the State Legislative Assembly?

Ans: The elected members constitute the Electoral College that elects the President of India. The members of Vidhan Sabha elect members of Rajya Sabha from their respective States.

INTEXT QUESTIONS 19.4

1. Fill in the blanks:

(a) Guwahati High Court acts as a High Court of ………………….. States of North-East India.

Ans: seven

(b) The Chief Justice of a High Court is appointed by …………….. in consultation with ……………….

Ans: The President of India, the Chief Justice of the Supreme Court 

(c) The High Court has ………………….. jurisdiction and ………………….. jurisdiction.

Ans: Original, Appellate

(d) There are three kinds of subordinate courts: (i) …………… (ii) ………….. and (iii) …………….

Ans: (i) Civil Courts, (ii) Criminal Courts, (iii) Revenue Courts

2. Gather information about the names of the Chief Justice and the Judges of the High Court of your State or any one State. Find out from the list how many Lady Judges are there? You may find very few or even none. Write down the reasons for this situation.

Ans: Answer the question by gathering the needed information.

TERMINAL EXERCISES

1. How is the Governor appointed? What are the powers and functions of the Governor?

Ans: The Governor of a State is appointed by the President of India. In order to become a Governor, a person must have the following qualifications. He/She must be a citizen of India, must be at least 35 years old, and should not hold any office of profit during his/her tenure.

The powers of the Governor can be categorized as (i) executive powers, (ii) legislative powers, (iii) financial powers, (iv) judicial powers, and (v) discretionary powers.

(a) Executive Powers: 

• Appoints the Chief Minister and other members of the Council of Ministers.
• Appoints persons on important posts such as the Chairpersons and Members of the State Public Service Commission, State Election Commission, State Finance Commission and the Advocate General, Judges of the courts, other than the High Court.
• Consulted when the Judges of the State High Court are appointed by the President.

(b) Legislative Powers: 

• The Governor has the right to summon and prorogue the State Legislature and can dissolve the State Legislative Assembly.
• Addresses the State Legislative Assembly or the joint sessions of the two houses of the legislature.
• May nominate one person of the Anglo-Indian Community as a member of the Legislative Assembly in case the community is not represented.
• Nominates one-sixth of the members to the Legislative Council, if the State has a bicameral legislature.
• A bill passed by the State Legislature becomes a law or Act only when the Governor gives assent to it.

(c) Financial Powers: 

• The budget i.e., the Annual Financial Statement, of the State is prepared and presented by the State Finance Minister before the State Legislature, on behalf of the Governor.
• No money bill can be introduced in the State Legislature without the recommendations of the Governor. Has control over the State Contingency Fund.

(d) Discretionary Powers:

• May act without the advice of the Council of Ministers.
• If no political party or coalition of parties wins a clear majority in the Legislative Assembly, the Governor can exercise discretion in inviting a person to be the Chief Minister.
• The Governor acts as a link between the Centre and the State.
• Can reserve any bill passed by the State Legislature for the consideration of the President of India.
• If the Governor thinks that the government of the State is not functioning according to the Constitution, he/she can report to the President. In that case, under Article 356, the President’s Rule is imposed, the State Council of Ministers is removed, and the State Legislature is dissolved or put under suspension. During such an emergency, the Governor rules on behalf of the President.

2. How is the Council of Ministers constituted? Explain the powers and the position of the Chief Minister.

Ans: Chief Minister and other members of the Council of Ministers are appointed by the Governor. Powers of a Chief Minister are as follows. 

• Advises the Governor on the appointment of the Council of Ministers and allocation of portfolios to them;
• Presides over the meetings of the State Council of Ministers and also coordinates the functioning of different ministers.
• Guides the framing of the policies and programmes for the State and gives approval of the Bills that are introduced by the Ministers in the State Legislature;
• Is the sole link of communication between the Council of Ministers and the Governor. The Chief Minister communicates the decisions of the Council of Ministers relating to administration as well as proposals for legislation to the Governor.
• Submits any matter on which a decision has been taken by a Minister for consideration of the Council of Ministers, if the Governor desires him/her to do so.

Position of the Chief Minister

The Chief Minister is the real executive head of the State. It is he/she who formulates the policies and guides the Council of Ministers to implement them. He/She is the most powerful functionary, especially when one political party has an absolute majority in the Legislative Assembly. 

3. Examine the organization, powers and functions of the State Legislature.

Ans: In some of the States, the Legislature is bicameral, i.e. has two houses. In most of the States, it is unicameral, i.e. has only one house. The Governor is an integral part of the State Legislature. 

• The unicameral legislature has the Legislative Assembly, and the bicameral legislature has the Legislative Assembly as its Lower House and the Legislative Council as its Upper House.
• At present, only Bihar, Jammu & Kashmir, Karnataka, Maharashtra and Uttar Pradesh have bicameral legislatures, and the remaining 23 States have unicameral legislatures.

The State Legislature performs the following categories of functions:

• (a) Legislative Functions: The Assembly has the sole right to legislate. All the laws must be passed by it. Where there is a bicameral legislature, ordinary Bills can be introduced in any of the Houses. A Bill passed by the Legislative Assembly is sent to the Legislative Council, which has to pass it or to return with recommendations to the Legislative Assembly. Money Bills can be introduced only in the Legislative Assembly. After the Assembly passes the Money Bill, it goes to the Legislative Council and then to the Governor, who cannot withhold assent on the Money Bill but can send back an ordinary bill for reconsideration or can reserve any of the bills for consideration by the President.
• (b) Control over the Executive: The Council of Ministers is responsible to the Vidhan Sabha collectively. It remains in office so long as it enjoys the confidence of the House. The Council of Ministers is removed if the Vidhan Sabha adopts a motion of no-confidence against it. Moreover, the State Legislature keeps checks on the government by asking questions and supplementary questions, moving adjournment motions and calling attention notices.
• (c) Electoral Functions: The elected members of the Legislative Assembly are members of the Electoral College for the election of the President of India. The members of the Vidhan Sabha also elect the members of the Rajya Sabha from their respective States. Moreover, they elect one-third members of the Legislative Council of their own State.
• (d) Functions related to Constitutional Amendments: A constitutional amendment requires the support of a special majority of each House of the Parliament as well as ratification by not less than half of the States where the State Legislatures ratify the amendments.

4. Explain the jurisdictions of the High Court.

Ans: The jurisdiction of the High Court extends up to the territorial limits of the concerned State/States or Union Territories. 

• The High Court has original and appellate jurisdictions.
• Under the original jurisdiction, certain types of cases may be brought directly before a High Court.
• The High Court exercises original jurisdiction for the enforcement of Fundamental Rights and other legal rights.
• It also has the power to issue writs that go a long way in protecting the rights of the individual against encroachment by the legislature, the executive or any other authority.
• The High Court may also hear election petitions under its original jurisdiction challenging the election of a member of the State Legislature.

5. What kinds of cases are considered in the subordinate courts?

Ans: The subordinate courts hear civil cases, criminal cases and revenue cases.

• Civil Cases: These cases filed in civil courts pertain to disputes between two or more persons regarding property, breach of agreement or contract, divorce or disputes between landlords and tenants. All these cases are settled by civil courts. In such civil cases, the court does not award any punishment as a violation of the law is not involved.
• Criminal Cases: Such cases relate to theft, robbery, rape, pick-pocketing, physical murder etc. These cases are filed in the criminal courts by the police, on behalf of the State, against the accused. In such cases, if the court finds the accused guilty, he/she is awarded punishment.
• Revenue Courts Board of Revenue exists at the State level. Under it are the Courts of Commissioner, Collector, Tehsildars and Assistant Tehsildars. The Board of Revenue hears the final appeals against all the lower revenue courts under it. Not all states have a Board of Revenue. Andhra Pradesh, Gujarat and Maharashtra have Revenue Tribunals, Haryana, Punjab, Himachal Pradesh and Jammu and Kashmir have Financial Commissioners instead of the Board.

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