Systems of Government: UPSC Previous Year Questions (Polity)

Explanation

A constitutional government is one where the powers of the government are limited by a constitution, ensuring rule of law, separation of powers, and the protection of citizens’ rights. It operates within legal limits set by the constitution, preventing arbitrary rule and ensuring accountability. Checks and balances are in place to prevent the misuse of power, while fundamental rights and freedoms of citizens remain safeguarded. Although both democratic and non-democratic states can have a constitution, a true constitutional government ensures that all authorities function within legal constraints, upholding transparency, fairness, and accountability.

Explanation

Statement 1 is correct: Indian Parliamentary system is based on constitutional supremacy, hence power of the Parliament to legislate is limited. Whereas, the British Model is based on Parliamentary sovereignty. So, as regards the legislation, the British Parliament is supreme.

Statement 2 is correct: In India, the Supreme Court has judicial review powers and can examine the constitutionality of parliamentary laws and amendments. Under Article 145(3), Cases involving substantial constitutional questions can be referred to a Constitution Bench. This also ensures that Parliament operates within constitutional limits and cannot amend the Basic Structure (Kesavananda Bharati case, 1973). In Britain, the scenario is different, here Parliament is supreme, and no court can question or strike down its laws. Unlike India, there is no concept of judicial review over parliamentary legislation, making Parliament’s decisions final and legally unchallengeable.

Explanation

A Parliamentary System of Government is characterized by the executive (Government) being accountable to the legislature (Parliament). Its other key features generally include:

Collective Responsibility: The Council of Ministers, led by the Prime Minister, is collectively responsible to the Lok Sabha (Lower House in India). Motion of No Confidence: The government can be removed by the Parliament through a vote of no confidence. Executive from the Legislature: The Prime Minister and Ministers are drawn from the legislature and remain in office as long as they have its confidence.

Explanation

A constitutional government is a system in which the powers of the government are limited by a constitution. This ensures that government actions are guided by established laws rather than arbitrary decisions. The core idea of a constitutional government is limited government, where authority is regulated, checked, and balanced by a legal framework.

Explanation

Democracy thrives on active citizen participation. It is shaped by the collective wisdom, judgment, and moral character of the people. Unlike authoritarian systems that concentrate power in a few hands, democracy nurtures the intelligence and character of individuals. It empowers ordinary men and women to take part in decision-making. This ensures that governance reflects public interest, accountability, and justice. People can express their opinions, contribute to society, and help shape the nation’s future. Democracy stands out for fostering widespread involvement and collective responsibility.

Explanation

India follows a Parliamentary System of Government, where the executive (Council of Ministers, led by the Prime Minister) is collectively accountable to the legislature (Lok Sabha). This fundamental principle is outlined in Article 75(3) of the Indian Constitution, which mandates that the Council of Ministers remains collectively responsible to the Lok Sabha. This provision ensures executive accountability and is a defining feature of parliamentary democracy.

Explanation

A constitutional government is one that operates within the framework of a Constitution. The principle of constitutionalism emphasizes limiting the power of the state to ensure it remains fair and accountable, preventing any form of autocratic rule.

Statement 1 is incorrect: Places effective restrictions on individual liberty in the interest of State Authority" is not characteristic of a Constitutional Government. One of the fundamental principles of a constitutional government is to protect individual rights and freedoms and not to restrict them unnecessarily in favor of state authority.

Statement 2 is correct: A constitutional government limits the authority of the state to prevent it from infringing on individual rights and freedoms. This is achieved through mechanisms such as constitutional checks and balances, the separation of powers, and the judicial review of government actions.

Explanation

Statement 1 is incorrect: The Advocate General of a State in India is appointed not by the President but directly by the Governor of the concerned State. This appointment is made under Article 165 of the Indian Constitution. He holds office during the pleasure of the Governor.

Statement 2 is incorrect: The jurisdiction of High Courts is defined by the Constitution of India, not the Civil Procedure Code (CPC). High Courts possess original, appellate, and sometimes advisory jurisdiction, but this is based on constitutional provisions and specific statutes, not the CPC.

Explanation

Statement 1 is incorrect: The Central Administrative Tribunal (CAT), a quasi judicial body, was established in

1985 under Article 323 -A of the Constitution through the Administrative Tribunal Act 1985 during Prime Minister Rajiv Gandhi’s tenure, not during Lal Bahadur Shastri’s term (1964-1966).

Statement 2 is correct: The Central Administrative Tribunal (CAT) members come from both judicial and administrative backgrounds. They include judges qualified for High Courts and officers from Central or State Governments, appointed by the President of India. This mix ensures swift and effective justice in administrative matters related to grievances of central and state government employees.

Explanation

Statement 1 is correct: The number of ministries on 15th August 1947 was 18. At the time of independence, the government had basic departments like Home Affairs, Defence, Finance, External Affairs, etc, to handle the essential governance functions. The number of ministries was quite small as the nation was just beginning to organize itself administratively after the end of British rule.

Statement 2 is incorrect: In 2009, the number of ministries of the Indian government was much higher than 36. At present in November 2024 there are 53 ministries in the central government of India covering a wide range of administrative, governance, and policy functions.