Question

Read the following passage and answer the questions that follow:-
I) The principle of check and balance which is a significant characteristic of a parliamentary type of democracy prevents
concentration of powers to one individual or to one group and the judiciary admirably serves the purpose. For instance, when the
question of amending any part of the Constitution arises.The judiciary is empowered to review the amendments and to decide
whether the proposed amendments do not alter the basic structure of the Constitution. It has the power to rule out any suggestions
proposed by the legislature, when they are not found to be consonance with the fundamental rights of the constitution. For
instance, in the Gopalan case of 1950, the Supreme Court of India, lending the helping hand to the Parliament empowered the
Parliament to amend the provision relating to the Fundamental Rights of the Constitution. But later, when it was found that the
right to own property was put into stake in the garb of socialism by some scheming politician, the Supreme Court pronounced
firmly in the Golaknath case of 1967, that the Parliament was not empowered to amend the provisions related to the Fundamental
Rights in the Constitution. This cannot be deemed as contraction in terms on the part of the Supreme Court: but it has asserted its
check over the Parliament whenever the later has gone away. In the same way it has the right to review whether the laws
promulgated by the Parliament are in keeping with the policies of the Directive Principle or not.
II) Chaos and conclusions run out when the judiciary is committed to government policies either by force or by fear. New
government may come, and old government may go, but the judiciary should remain the same for ever. So it is necessary that it
should function independently. Independence of the judiciary does not mean that it is ultimately superior to legislature. Each has
to exercise its power over the other at the top moment and thus this principle of check and balance enables to achieve
decentralization of powers. Hence, the judiciary fails to assert its right, as much as 42nd amendment will be asserted to the
Constitution by the politicians, which would curtail the rights of the people and thus the path to autocracy or dictatorship will be
paved. Our tense and nervous days during Emergency are not erased from our mind and they teach us the lesson that unless this
amendment is repealed it is quite sure, that it will lead to dangerous consequences. What we infer from all this is that the judiciary
has to function very cautiously and gingerly like a rope dance. For the judgements of today should never be allowed to paralyse
the future proceedings. Thus, the judiciary which is free from fear and favouritism is the remarkable characteristic of a flourishing
democracy.
III) The responsibility of the judiciary in a quasi-federal set up of democracy is still more important. When disputes arise between
the state and the centre, regarding encroachments by each other, it has to serve as a balancing wheel of the Constitution, and settle
the disputes and this ultimately establishes peace in the nation.
(a) On the basis of your reading of the above passage, make notes on it using Headings and Sub-headings. Use recognizable
abbreviations (minimum four) and a format you consider suitable. Supply a suitable title to it. 5
(b) Make a summary of the above passage in about 80 words

Answer 1

The democratic system of government can be divided into the parliamentary and the presidential system based on the relationship between the executive and the legislature. In a parliamentary system, executive is a part of legislature, which implements the law and plays an active role in framing it as well.

In a parliamentary system, the head of the state may be a monarch or a president, but both of these positions are ceremonial. The head of the government, who is generally called as the Prime Minister, is the real head. Thus, all the real executive powers are vested in the Prime Minister.