Prelims Revision Series | Polity | Preamble And Features Of Indian Constitution | 14

Answer: (D)

Based on various judgements of the Court, the following are some of the elements included in the Basic structure:

• In Minerva Mills judgement, the judges with the concurring opinion from the majority ruled that ‘limiting the amending power’ itself is a basic feature of the Constitution.
• According to the judgement in the Central Coal Fields case (1980), effective access to justice is a fundamental component of the basic structureIn Indira Gandhi v.
• Raj Narain (1975) case: Rule of Law

Answer: (d)

• Statement 1 is not correct: the constitution derives its authority from the people of India not from the constituent assembly, this is mentioned in the preamble part of the constitution.
• Statement 2 is not correct – the American constitution was the first to begin with a Preamble. Many countries, including India, followed the practice.
• Statement 3 is not correct: In the Keshavananda Bharti case, SC has held that preamble is a part of the Constitution. And if there is any lack of clarity in the constitution, the judiciary turns to the Preamble in its interpretation of the relevant provisions.

Answer: (b)

Objective Resolution:

• This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution;
• WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into the Independent Sovereign India, shall be a Union of them all; and
• WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the Law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers, and exercise all powers and functions of government and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting therefrom; and
• WHEREIN all power and authority of the Sovereign Independent India, its constituent parts and organs of government, are derived from the people; and
• WHEREIN shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith worship, vocation, association and action, subject to law and public morality; and
• WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and
• WHEREBY shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to Justice and the law of civilised nations, and
• this ancient land attains its rightful and honoured place in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind.”

Answer: (b)

• The Preamble of the Constitution defines the Indian Republic as Sovereign, Socialist, Secular, and Democratic. Of these, Sovereign and Democratic were part of the Preamble adopted by the Constituent Assembly.
• Socialists and Secular were added to the Preamble by the 42nd Constitutional Amendment Act of 1976. Also, the word ‘integrity’ was added by the same act.

Answer: (d)

Transformation of the political system from federal (during normal times) to unitary (during an emergency) is not borrowed from any Constitution of the world.

The feature of suspension of Fundamental Rights during Emergency has been borrowed from the Weimar Constitution of Germany and hence, not a unique feature of the Indian Constitution.

Answer: (c)

• There is no separate state citizenship.
• The Constitution establishes a dual polity consisting of the Union at the Centre and the states at the periphery.

Answer: (d)

• The British political system is a monarchical System with Queen as a head. So, Option (a) could be eliminated.
• The commonality Between the Indian Political System and the British Political System is Bicameralism which contains Lok Sabha or House of the people is Modelled after the House of common in British and Rajya Sabha or Council of states which is the House of Lords in the British political system.

Answer: (b)

• The Preamble of Indian Constitution does not grant any power, but it gives a direction and purpose to the Constitution.
• It is used as a source of interpretation of other statutes framed under the constitution. Hence it clarifies the ultimate sanction behind the makers of the constitution.
• The enacting clause indicates the legislative authority by which the statute is made and as such the Constituent Assembly adopted and enacted the constitution of India on 26 November 1949 and come onto force on 26th January 1950. The preamble of the Indian constitution has mentioned November 26, 1949, as the date of the adoption of the constitution. So, Statement 3 is correct.

Answer: (b)

• Economic justice denotes the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income and property. A combination of social justice and economic justice denotes what is known as ‘distributive justice’.
• The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.

ANSWER: D

• Statement 1 is incorrect: The term ‘Basic Structure’ nor its philosophy is described in the Constitution of India. It is a judicial innovation.
• Statement 2 is incorrect: According to the IR Coelho court, laws introduced into the Ninth Schedule after 24.4.1973 are subjected to judicial review.
• Statement 3 is incorrect: In Waman Rao case 1981, Supreme Court clarified that doctrine would be apply to constitutional amendments enacted after April 24, 1973.

ANSWER: C

Answer: (d)

• Berubari Union Case(1960): Preamble is not a part of the Constitution
• Kesavanada Bharati Case(1973): Preamble of the Constitution will now be considered as part of the Constitution.
• Union Government Vs LIC of India (1995 ): Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.

Answer: (d)

Collective Responsibility of the Ministers to the Parliament in general and Lok Sabha in particular is the bedrock principle of the Parliamentary system. (Article 75)

Answer: (b)

Answer: (a)

• Justice: Social, economic, and Political Justice.
• Liberty: thought, expression, faith, belief, and worship.
• Equality: status and opportunity
• fraternity: the dignity of the citizen