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School Social Studies Gap Book (Classes VI-X themes) · Chapter 6

Government, Parliament, Courts, Criminal Justice and the Constitution

What to remember

  • India is a sovereign, socialist, secular, democratic republic with a parliamentary system, a federal structure with a strong Centre, and an independent judiciary.
  • Parliament makes laws, the Executive carries them out, and the Judiciary interprets them and protects rights. The Council of Ministers is collectively responsible to the Lok Sabha.
  • The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950. Its Fundamental Rights are enforced by the courts, and Article 32 is the remedy for them.

1. Types of government

Governments can be grouped by who holds power and how it is used.

  • Monarchy: the head of state is a king or queen, and the post is usually hereditary. In a *constitutional monarchy* (for example the United Kingdom) the monarch has only a formal role and an elected government rules.
  • Dictatorship: one person or a small group holds all power, and people have few rights or freedoms.
  • Democracy: the people choose their rulers. In *direct democracy* citizens decide issues themselves. In *representative democracy* citizens elect representatives who decide for them. India is a representative democracy.
  • Republic: the head of state is elected and not hereditary. India's head of state is the President.
  • Unitary and federal: in a unitary system, power rests mainly with one central government. In a federal system, power is shared between the Centre and the states, as written in the Constitution. India is federal, with a tilt towards the Centre.
  • Parliamentary and presidential: in a parliamentary system, the executive is drawn from the legislature and is responsible to it. In a presidential system (as in the USA), the President is both head of state and head of government and is elected separately from the legislature.
FeatureParliamentary (India, UK)Presidential (USA)
Head of governmentPrime MinisterPresident
Executive responsible toLegislature (lower house)Does not depend on legislature's majority
Head of stateSeparate (President / Monarch)Same as head of government
MinistersMembers of the legislatureNot members of the legislature

Universal adult franchise means every citizen aged 18 or above can vote, without any distinction of caste, religion, sex or wealth. The voting age was lowered from 21 to 18 by the 61st Amendment.

2. Parliament and the executive

Parliament has three parts: the President, the Lok Sabha and the Rajya Sabha.

PointLok SabhaRajya Sabha
Common nameHouse of the PeopleCouncil of States
MembersDirectly elected by the peopleElected by members of state legislative assemblies; some nominated
Term5 years (can be dissolved earlier)Permanent house; one-third retire every 2 years
Member's term5 years6 years
Minimum age25 years30 years
Presiding officerSpeakerChairman (the Vice-President)
  • A Money Bill can be introduced only in the Lok Sabha. The Rajya Sabha can only suggest changes, which the Lok Sabha may reject.
  • A bill becomes law after both Houses pass it and the President gives assent.
  • Parliament meets in sessions. The gap between two sessions cannot be more than six months.
  • Question Hour lets members question ministers. It keeps the government answerable to the people. A Zero Hour is an informal time for urgent matters raised without notice.
  • The Prime Minister is the real head of the government, usually the leader of the majority party in the Lok Sabha. The President appoints the Prime Minister and, on the PM's advice, the other ministers.
  • The Council of Ministers is collectively responsible to the Lok Sabha. If the Lok Sabha passes a no-confidence motion, the ministry must resign.
  • The President is the constitutional head of state, elected indirectly by an electoral college of elected members of Parliament and state legislative assemblies. The minimum age is 35 years and the term is 5 years. The President acts on the advice of the Council of Ministers.
  • In a state, the Governor is the head and the Chief Minister leads the elected government. The state legislature has a Legislative Assembly (Vidhan Sabha). Some states also have a Legislative Council. Andhra Pradesh has a Legislative Assembly and a Legislative Council.

3. The judiciary and criminal justice

Structure. India has a single integrated judiciary: the Supreme Court at the top, then High Courts in the states, then District and subordinate courts. The Supreme Court is at New Delhi. The Andhra Pradesh High Court sits at Amaravati.

Independence. Judges are appointed by the President after consulting senior judges. They cannot be removed easily; removal needs a special process in Parliament. Their salaries are protected. This keeps them free from the pressure of the government.

Powers. Courts settle disputes, punish crimes, and check laws and actions of the government. Judicial review is the power of the courts to declare a law or order invalid if it breaks the Constitution. Public Interest Litigation (PIL) lets any person approach a court for the sake of people who cannot do so themselves, such as the poor.

Civil and criminal law.

PointCivil lawCriminal law
ConcernsDisputes about property, marriage, contracts, rentOffences like theft, assault, murder
Who filesThe affected person petitions the courtPolice register an FIR; the State prosecutes
ResultRelief, compensation or an orderPunishment such as fine or imprisonment

Criminal justice steps.

  • 1. FIR (First Information Report): the police record the first complaint of a serious offence. A copy is given free to the complainant.
  • 2. Investigation: the police collect evidence and record statements, then file a charge sheet in court.
  • 3. Prosecution: the Public Prosecutor presents the case for the State.
  • 4. Trial: the judge hears both sides in an open court and decides. The accused has a defence lawyer.
  • 5. Judgment: if guilt is proved, the judge decides the punishment. The accused may appeal to a higher court.

Rights of an accused person. A person is *presumed innocent until proved guilty*. The accused must be told the reason for arrest and produced before a magistrate within 24 hours (Article 22). The accused has the right to consult a lawyer and a free lawyer if unable to pay. Torture to obtain a confession is not allowed. Courts try to give a fair trial.

4. The Constitution

  • A Constituent Assembly wrote the Constitution. Dr Rajendra Prasad was its President. Dr B. R. Ambedkar chaired the Drafting Committee. It took nearly three years.
  • It was adopted on 26 November 1949 (now observed as Constitution Day) and came into force on 26 January 1950 (Republic Day).
  • The Preamble begins "We, the people of India" and names the goals: Justice, Liberty, Equality and Fraternity. The words socialist and secular were added by the 42nd Amendment.
  • Key features: written and detailed, federal with a strong Centre, parliamentary government, fundamental rights, directive principles, independent judiciary, single citizenship, secular state, universal adult franchise.
  • Amendment: the Constitution can be changed by Parliament following the procedure in Article 368. Changes that alter the basic structure cannot be made.

5. Rights, directive principles and duties

Six Fundamental Rights (Part III):

RightArticlesMeaning
Right to Equality14-18Equality before law; no discrimination; equal opportunity; end of untouchability; end of titles
Right to Freedom19-22Speech, assembly, movement, profession; life and personal liberty (21); protection on arrest (22)
Right against Exploitation23-24Ban on forced labour, trafficking and child labour in hazardous work
Right to Freedom of Religion25-28Practise, profess and propagate religion; manage religious affairs
Cultural and Educational Rights29-30Minorities can protect their language and run their own institutions
Right to Constitutional Remedies32Move the Supreme Court to enforce rights
  • Article 21A (Right to Education) gives free and compulsory education to children aged 6 to 14. It was added by the 86th Amendment. The Right to Education Act came into force in 2010.
  • Writs: habeas corpus (produce the detained person), mandamus (we command; a public official must do a duty), prohibition (stop a lower court), certiorari (quash an order), quo warranto (by what authority one holds a post).
  • Dr Ambedkar called Article 32 the "heart and soul" of the Constitution.
  • Directive Principles of State Policy (Part IV) guide the government to build a welfare state, such as equal pay, free legal aid, village panchayats and care of the environment. They are not enforceable in court.
  • Fundamental Duties (Part IVA, Article 51A) were added by the 42nd Amendment. They include respecting the Constitution, the national flag and anthem, protecting the environment, developing scientific temper and safeguarding public property. A duty to educate a child was added later.

Classroom angle. Teach these ideas through role play: a mock Parliament for the law-making process, a mock trial for the criminal justice steps, and a class constitution on rights and duties. Link rights with duties so that children see that each right brings a responsibility.

Exam traps

  • Lok Sabha vs Rajya Sabha: only the Lok Sabha is directly elected, can be dissolved, and controls the Money Bill. The Rajya Sabha is never dissolved.
  • President vs Prime Minister: the President is the nominal head; the Prime Minister is the real executive head.
  • Fundamental Rights vs Directive Principles: rights are enforceable in court; directive principles are not.
  • Fundamental Duties vs Rights: duties are in Part IVA and are not justiciable; they were added in 1976, not in 1950.
  • Adopted vs came into force: 26 November 1949 vs 26 January 1950.
  • Constituent Assembly President vs Drafting Committee chairman: Rajendra Prasad vs Ambedkar.
  • Civil vs criminal: the State prosecutes only in criminal cases.
  • Habeas corpus vs mandamus: the first is about a detained person; the second is a command to an official.

One-liners

  • 1. India is a sovereign, socialist, secular, democratic republic.
  • 2. Parliament consists of the President, Lok Sabha and Rajya Sabha.
  • 3. Minimum age to contest for the Lok Sabha is 25 and for the Rajya Sabha is 30.
  • 4. The Speaker presides over the Lok Sabha; the Vice-President chairs the Rajya Sabha.
  • 5. Money Bills originate only in the Lok Sabha.
  • 6. The Council of Ministers is collectively responsible to the Lok Sabha.
  • 7. The voting age is 18 years.
  • 8. The Supreme Court is the highest court and the guardian of the Constitution.
  • 9. An FIR is the first report of a cognisable offence to the police.
  • 10. An arrested person must be produced before a magistrate within 24 hours.
  • 11. Articles 14 to 18 give the Right to Equality; Article 32 gives constitutional remedies.
  • 12. Fundamental Duties are in Article 51A, added by the 42nd Amendment.

Practice questions

  1. In which form of government is the head of state elected and not hereditary?

    1. Hereditary rule
    2. Monarchy
    3. Absolute monarchy
    4. Republic
    Answer

    D. Republic

    A republic has an elected head of state, such as India's President.

  2. Which system of government does India follow?

    1. Presidential system
    2. Military rule
    3. Direct democracy
    4. Parliamentary system
    Answer

    D. Parliamentary system

    The executive is drawn from Parliament and responsible to the Lok Sabha.

  3. In a representative democracy, decisions are taken by

    1. a hereditary king
    2. a single party leader
    3. the army
    4. elected representatives of the people
    Answer

    D. elected representatives of the people

    People elect representatives who decide on their behalf.

  4. Which body makes laws in India at the national level?

    1. Supreme Court
    2. Council of Ministers alone
    3. Election Commission
    4. Parliament
    Answer

    D. Parliament

    Parliament is the national legislature.

  5. The minimum age to contest for the Lok Sabha is

    1. 35 years
    2. 21 years
    3. 25 years
    4. 30 years
    Answer

    C. 25 years

    Lok Sabha: 25; Rajya Sabha: 30; President: 35.

  6. Who presides over the meetings of the Lok Sabha?

    1. The Prime Minister
    2. The Vice-President
    3. The President
    4. The Speaker
    Answer

    D. The Speaker

    The Speaker is the presiding officer of the Lok Sabha.

  7. A Money Bill can be introduced only in the

    1. Legislative Council
    2. Supreme Court
    3. Lok Sabha
    4. Rajya Sabha
    Answer

    C. Lok Sabha

    The Rajya Sabha can only suggest changes to a Money Bill.

  8. The Rajya Sabha is called a permanent house because

    1. it is never dissolved as a whole
    2. its members are nominated for life
    3. it has no elections
    4. it meets every day
    Answer

    A. it is never dissolved as a whole

    One-third of its members retire every two years, so it continues.

  9. The Council of Ministers is collectively responsible to the

    1. Lok Sabha
    2. Supreme Court
    3. Governor
    4. Rajya Sabha
    Answer

    A. Lok Sabha

    If the Lok Sabha passes a no-confidence motion, the ministry must resign.

  10. Who is the real executive head of the government at the Centre?

    1. Speaker
    2. Chief Justice
    3. Prime Minister
    4. President
    Answer

    C. Prime Minister

    The President is the nominal head; the PM leads the government.

  11. The President of India is elected by

    1. the Prime Minister alone
    2. an electoral college of elected members of Parliament and state assemblies
    3. the Supreme Court judges
    4. a direct vote of all adults
    Answer

    B. an electoral college of elected members of Parliament and state assemblies

    The election is indirect.

  12. What is the purpose of Question Hour in Parliament?

    1. To appoint judges
    2. To elect the Speaker
    3. To pass the budget
    4. To make ministers answer members' questions
    Answer

    D. To make ministers answer members' questions

    It keeps the government accountable.

  13. Which court is at the top of India's single integrated judiciary?

    1. Supreme Court
    2. District Court
    3. Lok Adalat
    4. High Court
    Answer

    A. Supreme Court

    The order is Supreme Court, High Courts, district courts.

  14. The power of courts to declare a law invalid if it breaks the Constitution is called

    1. executive privilege
    2. parliamentary privilege
    3. judicial review
    4. judicial delay
    Answer

    C. judicial review

    Judicial review protects the supremacy of the Constitution.

  15. Public Interest Litigation allows

    1. only the government to file cases
    2. any person to approach the court for the benefit of the public or the poor
    3. only lawyers to appear
    4. only the police to file cases
    Answer

    B. any person to approach the court for the benefit of the public or the poor

    PIL widened access to justice.

  16. Which of these is a civil dispute?

    1. Robbery on a highway
    2. Theft of a bicycle
    3. Murder
    4. A quarrel about the ownership of land
    Answer

    D. A quarrel about the ownership of land

    Property disputes are civil; murder, theft and robbery are crimes.

  17. In a criminal case, who presents the case on behalf of the State in court?

    1. Public Prosecutor
    2. Police inspector
    3. Court clerk
    4. Defence lawyer
    Answer

    A. Public Prosecutor

    The prosecutor represents the State; the defence lawyer represents the accused.

  18. The first step in a criminal case is usually the

    1. appeal
    2. FIR
    3. judgment
    4. charge in the High Court
    Answer

    B. FIR

    The First Information Report starts the police investigation.

  19. An arrested person must be produced before a magistrate within

    1. one month
    2. 48 hours
    3. 24 hours
    4. 7 days
    Answer

    C. 24 hours

    This is an arrest safeguard under Article 22.

  20. The principle that an accused is innocent until proved guilty is part of

    1. civil law only
    2. a fair trial
    3. a dictatorship
    4. a directive principle only
    Answer

    B. a fair trial

    The burden is on the prosecution to prove guilt.

  21. Who was the chairman of the Drafting Committee of the Constituent Assembly?

    1. Jawaharlal Nehru
    2. Rajendra Prasad
    3. Sardar Patel
    4. B. R. Ambedkar
    Answer

    D. B. R. Ambedkar

    Rajendra Prasad was the President of the Assembly.

  22. The Constitution of India came into force on

    1. 26 January 1950
    2. 15 August 1947
    3. 2 October 1949
    4. 26 November 1949
    Answer

    A. 26 January 1950

    It was adopted on 26 Nov 1949 and enforced on 26 Jan 1950.

  23. The Preamble begins with the words

    1. Justice, Liberty and Equality
    2. The Republic of India
    3. We, the people of India
    4. In the name of God
    Answer

    C. We, the people of India

    It declares that the Constitution comes from the people.

  24. Which of the following is NOT an ideal named in the Preamble?

    1. Liberty
    2. Justice
    3. Fraternity
    4. Prosperity
    Answer

    D. Prosperity

    The Preamble names Justice, Liberty, Equality and Fraternity.

  25. Which Articles together form the Right to Equality?

    1. Articles 23 and 24
    2. Articles 19 to 22
    3. Articles 25 to 28
    4. Articles 14 to 18
    Answer

    D. Articles 14 to 18

    Articles 19-22 are freedom; 23-24 exploitation; 25-28 religion.

  26. The right which protects against forced labour and child labour in hazardous work is the Right

    1. to Freedom
    2. against Exploitation
    3. to Equality
    4. to Constitutional Remedies
    Answer

    B. against Exploitation

    Articles 23 and 24 deal with this.

  27. Article 32 is important because it

    1. lets a person move the Supreme Court to enforce Fundamental Rights
    2. gives the right to vote
    3. creates the Rajya Sabha
    4. lists the Fundamental Duties
    Answer

    A. lets a person move the Supreme Court to enforce Fundamental Rights

    Ambedkar called it the heart and soul of the Constitution.

  28. A writ that orders the release of a person who is illegally detained is

    1. mandamus
    2. certiorari
    3. habeas corpus
    4. quo warranto
    Answer

    C. habeas corpus

    Habeas corpus means 'produce the body'.

  29. The writ asking by what authority a person holds a public post is

    1. quo warranto
    2. mandamus
    3. habeas corpus
    4. prohibition
    Answer

    A. quo warranto

    Quo warranto questions the legality of holding an office.

  30. Free and compulsory education for children aged 6 to 14 is given by

    1. Article 51A
    2. Article 21A
    3. Article 14
    4. Article 32
    Answer

    B. Article 21A

    Added by the 86th Amendment.

  31. The Fundamental Duties were added to the Constitution by the

    1. 61st Amendment
    2. 86th Amendment
    3. 1st Amendment
    4. 42nd Amendment
    Answer

    D. 42nd Amendment

    They are in Part IVA, Article 51A.

  32. Which of the following is enforceable by the courts?

    1. Fundamental Duties
    2. Preamble's goals as a law
    3. Fundamental Rights
    4. Directive Principles
    Answer

    C. Fundamental Rights

    Directive Principles and Duties are not directly enforceable.

  33. A teacher wants children to understand how a bill becomes a law. The best activity is

    1. a mock Parliament
    2. a map drawing task
    3. a quiz on dates
    4. copying the Preamble
    Answer

    A. a mock Parliament

    Role play lets learners experience the steps and roles.

  34. Which pair is correctly matched?

    1. Part IVA - Fundamental Rights
    2. Part IV - Directive Principles
    3. Part IV - Preamble
    4. Part III - Fundamental Duties
    Answer

    B. Part IV - Directive Principles

    Part III is rights, Part IV directive principles, Part IVA duties.

  35. Which one of the following is a feature of a federal system?

    1. All power rests with one government
    2. There is no written constitution
    3. Powers are divided between the Centre and the states
    4. The judiciary is under the legislature
    Answer

    C. Powers are divided between the Centre and the states

    A federal system shares power as laid down in the Constitution.

  36. In a parliamentary system, which statement is true of ministers?

    1. They are elected separately by the people
    2. They hold office for fixed terms regardless of majority
    3. They cannot be questioned
    4. They are members of the legislature
    Answer

    D. They are members of the legislature

    Ministers come from and answer to the legislature.

  37. Dr Ambedkar's role in the framing of the Constitution was

    1. first Prime Minister
    2. chairman of the Drafting Committee
    3. first Speaker of the Lok Sabha
    4. President of the Constituent Assembly
    Answer

    B. chairman of the Drafting Committee

    He is called the chief architect of the Constitution.

  38. The system in which every citizen of age 18 or above can vote regardless of caste, religion or sex is called

    1. universal adult franchise
    2. restricted franchise
    3. property franchise
    4. plural voting
    Answer

    A. universal adult franchise

    Universal adult franchise gives equal voting rights.

  39. Consider the statements: 1. The Rajya Sabha can be dissolved by the President like the Lok Sabha. 2. A Money Bill can be introduced only in the Lok Sabha. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    The Rajya Sabha is a permanent house and is not dissolved; Money Bills start only in the Lok Sabha.

  40. Consider the statements: 1. Fundamental Rights are enforceable in courts. 2. Directive Principles are enforceable in courts. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Directive Principles are guidelines to the government and are not enforceable.

  41. Consider the statements: 1. The Constitution was adopted on 26 November 1949. 2. The Constitution came into force on 26 January 1950. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both dates are correct.

  42. Consider the statements: 1. In a criminal case the police file the charge sheet after investigation. 2. In a criminal case the accused is presumed guilty until proved innocent. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The accused is presumed innocent until proved guilty.

  43. Consider the statements: 1. The President of India is elected directly by the people. 2. The Prime Minister is appointed without any link to the Lok Sabha majority. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    The President is elected indirectly, and the PM is the leader who commands a majority in the Lok Sabha.

  44. Consider the statements: 1. Articles 25 to 28 deal with freedom of religion. 2. Articles 29 and 30 protect the cultural and educational rights of minorities. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements match the Fundamental Rights table.

  45. Consider the statements: 1. Judges are removed easily by the government. 2. Independence of the judiciary helps protect citizens' rights. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Judges have security of tenure so they can act without pressure.

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