CLAT Sample Paper UG-CLAT Mock Test-1 (2020)

  • question_answer
    Webster Dictionary defines Democracy as "“a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections”." According to Abraham Lincoln (1809-1865), the 16th President of US, Democracy is “"the Government of the people, by the people, for the people”." The main feature of Democracy is that in a Democracy there is no concentration of power in the hands of one person or even in a small group of persons. The power vests with the people. The government is also chosen for a fixed time period. If the government does not perform upto the expectations of people, it is replaced by another government after the expiry of the term. In some cases the government may fall even before the expiry of the term.
    The Democracy can be of two types: Direct Democracy or Indirect Democracy. In Direct Democracy people exercise their power directly. On different issues all the people vote in open assemblies. This is also known as referendum or plebiscite. The outcome of the voting then becomes law. This kind of Democracy was practiced in Athens m 5th century BC. Citizens of ancient Athens used to assemble and make important decisions.
    In Switzerland, Direct Democracy is practiced. Laws are first prepared in a draft form. The draft goes to the people for opinion poll. The result of the opinion poll is discussed in Parliament and laws are made accordingly. All laws are subject to people’s veto power. If 50,000 people sign a petition demanding a referendum on a law, the referendum is required to be held. If 1, 00,000 people so form an opinion they may demand a change in Constitution as well.
    Most of the countries now practice Indirect Democracy. In this form of Democracy the power vests in people but they exercise the power through their chosen representative. The representatives are chosen for a fixed term during which they make and implement laws. If the laws made by them are violative of the constitutional provisions, people can move to the Supreme Court for getting such laws declared as void. But there is no provision for referendum or plebiscite. Courts play a. very important role in this form of Democracy. The judges are expected to be independent and neutral. The representatives are chosen by the process of adult suffrage. In India, everyone who has completed the age of 18 years has a right to vote. Right to vote is irrespective of gender, religion, caste, educational levels, economic status, etc.
    Democracy is practiced in two forms: Parliamentary form and Presidential form. According to Encyclopaedia Britannica, Parliamentary Democracy is a democratic form of government in which the party (or a coalition of parties) with the greatest representation in the parliament (legislature) forms the government, its leader becoming Prime Minister or Chancellor. Executive functions are exercised by members of the parliament appointed by the Prime Minister to the cabinet. The parties in the minority serve in opposition to the majority and have the duty to challenge it regularly. The Prime Minister may be removed from power whenever he loses the confidence of a majority of the ruling party or of the parliament. Parliamentary Democracy originated in Britain and was adopted in several of its former colonies. In Parliamentary system the power is so divided between the legislature and executive that the executive remains answerable to the legislature.  
    Which of the following is true about Parliamentary democracy that India follow.

    A) Prime Minister is elected for a term during which he cannot be removed

    B) Prime Minister is elected for a term during which he cannot choose to step down.

    C) Prime Minister is selected for a term during which he can be removed

    D) Prime Minister is elected for a term during which he can be removed.

    Correct Answer: D

    Solution :

    Rationale: (d) The parties in the minority serve in opposition to the majority and have the duty to challenge it regularly. The Prime Minister may be removed from power whenever he loses the confidence of a majority of the ruling party or of the parliament.


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