Which one of the following statements with regard to the Preamble to the Constitution of India is not correct?
- A.The term 'Secular Democratic Republic' was not there in the Preamble originally.
- B.The Preamble contains the basic structure of the Constitution of India.
- C.By itself, the Preamble is not enforceable in a court of law.
- D.The Supreme Court has held that the Preamble cannot be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous.
Correct answer
Explanation
The correct answer is D. The Supreme Court has held the opposite: where the language of the Constitution is ambiguous, the Preamble is a valuable aid to interpreting it.
In the Berubari case (1960) the Court said the Preamble is a key to the minds of the makers and can help where a provision is unclear, though it held that the Preamble is not part of the Constitution. In Kesavananda Bharati (1973) the Court reversed that view, held that the Preamble is part of the Constitution and drew several basic features from it. The Preamble is still neither a source of power nor of prohibitions, so it cannot be enforced in court on its own.
A is correct: the original Preamble said "Sovereign Democratic Republic"; the 42nd Amendment of 1976 added "Socialist" and "Secular".
B is correct: features named in the Preamble, such as sovereignty, democracy, secularism and justice, are part of the basic structure.
C is correct: the Preamble is non-justiciable and cannot by itself be enforced in a court.
Exam tip: Berubari (1960): Preamble not part of the Constitution; Kesavananda (1973): part of it; LIC case (1995) confirmed this; amended only once, in 1976.
Practice Questions
View allWhich one of the following States does not find a mention in Article 371 of the Constitution of India?
- A.Maharashtra
- B.Madhya Pradesh
- C.Gujarat
- D.Karnataka
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Article 371 and its sub-articles make special provisions for several States, but Madhya Pradesh is not one of them.
Read the full explanation →Which of the following is/are correct in relation to the Panchayats?
1. Only the Parliament may endow Panchayats with powers and authority.
2. A State may devolve powers to Panchayats in preparation of plans for economic development and social justice.
3. A State may devolve powers to Panchayats in implementation of schemes for economic development and social justice.
Select the correct answer using the code given below:
- A.1 only
- B.1 and 3
- C.2 and 3
- D.3 only
Show answer
Under Article 243G, it is the Legislature of a State, not Parliament, that may by law give Panchayats powers to prepare plans and to carry out schemes for economic development and social justice.
Read the full explanation →Which one of the following Committees of the Parliament has no Members from the Rajya Sabha?
- A.Public Accounts Committee
- B.Committee on Public Undertakings
- C.Estimates Committee
- D.Departmentally Related Standing Committee (DRSC) on Finance
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All 30 members of the Estimates Committee are elected by the Lok Sabha from among its own members; the Rajya Sabha has no place on it.
Read the full explanation →Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India :
1. Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India.
2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.
3. The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes.
Which one of the following conclusions based on the above statements is correct ?
- A.There are two correct statements, that include statement 2.
- B.There are two correct statements, that are statements 1 and 3.
- C.There is only one correct statement.
- D.All three statements are correct.
Show answer
Statements 2 and 3 are correct, while statement 1 confuses the Fifth Schedule with the Sixth. The tribal areas of Assam, Meghalaya, Tripura and Mizoram are governed under the Sixth Schedule (Articles 244(2) and 275(1)), which sets up autonomous district councils.
Read the full explanation →Democracy's superior virtue lies in the fact that it calls into activity
- A.the intelligence and character of ordinary men and women.
- B.the methods for strengthening executive leadership.
- C.a superior individual with dynamism and vision.
- D.a band of dedicated party workers.
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Democracy rests on the idea that ordinary citizens are capable of judging public matters and taking part in their own government.
Read the full explanation →