All questions of Preamble of the Constitution for BPSC (Bihar) Exam

The correct answer should be D. The preamble can and has been amended Under article 368 of the Indian Constitution. So the statement 1 Is not true. same goes with statement 2 as constitution originally had only 3 words- Sovereignty Democratic and Republic

Option B is also incorrect because preamble is presenting basic structure of Constitution

• Power and authority of independent India to be derived from its people.
• Safeguards for minorities, depressed classes, backward and tribal areas.
• India attains its rightful and honourable place in the world.

Explanation:

1. Equality:
- Providing equal status and opportunities to all citizens is a key principle of equality.
- This ensures that no individual or group is discriminated against based on factors like caste, religion, gender, or economic status.

2. Fraternity:
- Promoting policies and programs to address inequalities and support marginalized communities is a core aspect of fraternity.
- By fostering a sense of brotherhood and solidarity among diverse populations, fraternity aims to create a more inclusive society.

3. Equality:
- Ensuring that discrimination based on caste, religion, gender, or economic status is eliminated is a fundamental goal of equality.
- This involves promoting fairness and justice for all individuals, regardless of their background or circumstances.

4. Fraternity:
- Creating a sense of unity among the diverse population while maintaining the dignity of each individual is a key objective of fraternity.
- By celebrating diversity and recognizing the value of each person's unique identity, fraternity promotes social cohesion and harmony.
Therefore, all four pairs given above are correctly matched as they accurately capture the essential principles and goals of equality and fraternity in promoting a just and inclusive society.

Explanation:

Statement-I:
- The statement correctly highlights the fundamental principle of a democratic polity, which is based on the doctrine of popular sovereignty.
- Popular sovereignty means that the ultimate authority and power in a democratic system lie with the people.
- This is reflected in the Preamble of the Indian Constitution, which begins with "We, the people of India."

Statement-II:
- The statement correctly emphasizes the objective of ensuring justice in Indian society.
- Justice in Indian society aims to create a fair, impartial, and equal system that upholds the rights and dignity of all citizens.
- This is essential for promoting equality and inclusivity in a diverse society like India.

Conclusion:
- While both statements are correct in their own right, they address different aspects of a democratic polity and the objective of justice in Indian society.
- Statement-I focuses on the foundational principle of popular sovereignty in a democratic system, while Statement-II underscores the importance of creating a just and equal system for all citizens.
- Therefore, the correct answer is option 'C' - Statement-I is correct, but Statement-II is incorrect.

Objective of Equality in the Indian State
The primary objective of equality in the Indian state is to promote equal status and opportunities for all citizens. This principle is enshrined in the Indian Constitution and serves as a foundation for a just society.
Constitutional Provisions
- The Constitution of India guarantees equality before the law and equal protection of the laws to all individuals, regardless of their background.
- Article 14 ensures that every person is treated equally, thus prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth.
Social Justice
- Promoting equal status aims to dismantle the hierarchies created by caste, gender, and economic disparities.
- It encourages a more inclusive society where marginalized groups can access resources and opportunities.
Empowerment of Citizens
- Equality fosters empowerment, enabling individuals to participate fully in the democratic process and contribute to nation-building.
- It ensures that every citizen has the right to education, employment, and social services, promoting socio-economic mobility.
Conclusion
- The focus on equality helps to create a balanced society where everyone has an equal chance to succeed.
- By striving for equal status and opportunities, the Indian state aims to achieve social harmony and cohesion, ultimately leading to national development.

Minerva Mills Case

The Supreme Court judgment that clarified that the Preamble is not a source of power to the government but a key to understanding the Constitution's objectives is the Minerva Mills Case.

Background:
The Minerva Mills Case, officially known as Minerva Mills Ltd. and Ors. v. Union of India and Ors., was a landmark case in Indian constitutional law. It was decided by a bench of seven judges of the Supreme Court of India on May 21, 1980. The case involved a challenge to certain provisions of the 42nd Amendment Act, 1976, which had made significant changes to the Constitution of India.

Key Arguments:
The petitioners argued that the 42nd Amendment Act violated the basic structure doctrine as established in the previous landmark case of Keshavananda Bharati v. State of Kerala. They contended that the amendment had, among other things, infringed upon the fundamental rights of citizens and undermined the independence of the judiciary.

Supreme Court's Decision:
The Supreme Court, in its judgment, struck down several provisions of the 42nd Amendment Act, including those that sought to curtail the power of judicial review and dilute fundamental rights. The Court reaffirmed the basic structure doctrine and held that the amending power of Parliament is not absolute and must be exercised within the limits set by the Constitution.

Preamble as a Key to Understanding Objectives:
In its judgment, the Supreme Court clarified the nature and significance of the Preamble to the Constitution. The Court held that the Preamble is not a source of power to the government but a key to understanding the Constitution's objectives. It emphasized that the Preamble is an integral part of the Constitution and provides the basic structure and foundation for the interpretation of the Constitution.

The Court further stated that the Preamble reflects the resolve and aspirations of the people of India and serves as a guiding light for the interpretation of the Constitution. It emphasized that the Preamble's objectives, such as justice, liberty, equality, and fraternity, must inform and guide the interpretation of the Constitution and the exercise of governmental power.

Conclusion:
The Minerva Mills Case clarified the significance of the Preamble to the Constitution and its role in guiding the interpretation of the Constitution. It established that the Preamble is not a source of power to the government but a key to understanding the Constitution's objectives. This judgment reaffirmed the importance of the Preamble as a guiding principle for governance and the protection of fundamental rights in India.

Explanation:

1. Secularism in the Indian Constitution:
The first statement is correct. The term "secular" was indeed added to the Indian Constitution by the 42nd Constitutional Amendment Act of 1976. This addition aimed to emphasize the secular nature of the Indian state and ensure equal treatment of all religions.

2. Fundamental Right to Freedom of Religion:
The second statement is also correct. Articles 25 to 28 of the Indian Constitution guarantee the fundamental right to freedom of religion. These articles provide individuals with the right to profess, practice, and propagate their religion, subject to certain restrictions such as public order, morality, and health.

3. Implication of the Term "Secular":
The third statement is incorrect. The term "secular" in the Indian context does not imply the possession of supreme power by the people. Instead, it signifies the separation of religion from the state and the equal treatment of all religions by the government.
Therefore, the correct answer is option 'B' (1 and 2 Only), as the first two statements are accurate in relation to the Indian Constitution and the concept of secularism.

Independence from other nations
In the context of the Indian Constitution, the term "sovereign" implies independence from other nations. This means that India has the full authority to govern itself without interference from external powers. The idea of sovereignty is a fundamental principle of the Indian Constitution, as it establishes India as a self-governing and independent nation.

Explanation:
- Sovereignty in the Indian Constitution means that India is not subordinate to any other nation and has the right to make its own decisions.
- It signifies that India has the power to shape its own destiny, establish its own laws, and conduct its own foreign policy without external influence.
- The concept of sovereignty is enshrined in the preamble of the Indian Constitution, which declares India to be a "sovereign socialist secular democratic republic."
- India's sovereignty is also reflected in its interactions with other nations, where it asserts its independence and autonomy in international relations.
- Overall, the term "sovereign" in the Indian Constitution emphasizes India's status as an independent and self-governing nation, free from external control or domination.

Explanation:

1. Prem Behari Narain Raizada:
- Prem Behari Narain Raizada was actually a calligraphist who beautifully calligraphed the original copies of the Indian Constitution.
- The Preamble itself was not designed by him; it was drafted by the Drafting Committee of the Constituent Assembly.

2. Inclusion of 'Socialist' in the Preamble:
- The term 'Socialist' was indeed included in the Preamble through the 42nd Constitutional Amendment Act of 1976, not the 44th Amendment Act as mentioned in statement 2.
- This Amendment also added the terms 'Secular' and 'Integrity' to the Preamble.

3. Characteristics of the Union of India:
- The Preamble declares that the Union of India has four basic characteristics: Sovereign, Socialist, Secular, and Democratic.
- The term 'Republic' was added to the Preamble by the Constitution (42nd Amendment) Act, 1976.
Therefore, statement 3 is correct as it correctly identifies the five basic characteristics of the Union of India as mentioned in the Preamble. However, statements 1 and 2 are incorrect as they provide inaccurate information regarding the Preamble and the inclusion of the term 'Socialist'.

The correct answer is option 'D', i.e. 'Equality'.

Explanation:

Untouchability refers to the social practice of discriminating people based on their caste or social status. It is a form of caste-based discrimination that has been prevalent in India for centuries. The Constitution of India, which was adopted in 1950, abolished untouchability and declared it a punishable offence.

The prohibition of untouchability comes under the concept of 'Equality', which is one of the fundamental principles of the Indian Constitution. The idea of equality implies that all individuals are equal before the law and are entitled to equal protection and equal opportunities. It prohibits any kind of discrimination based on caste, creed, religion, gender, or any other grounds.

The prohibition of untouchability is based on the principle of equality, as it seeks to eliminate the discriminatory practice of treating certain groups of people as inferior or untouchable. It ensures that every individual, irrespective of their caste or social status, is treated with dignity and respect.

Conclusion:

To conclude, the prohibition of untouchability comes under the concept of 'Equality', which is one of the fundamental principles of the Indian Constitution. The Constitution seeks to eliminate all forms of discrimination and ensure that every individual is treated with equal dignity and respect. The prohibition of untouchability is a step towards achieving this goal.

Understanding the Preamble of the Indian Constitution
The Preamble of the Indian Constitution serves as the introductory statement that encapsulates the essence and guiding principles of the Constitution. Let’s break down the statements one by one.
Statement-I: The Preamble reflects the philosophy and fundamental values of the Constitution.
- This statement is correct.
- The Preamble outlines the core values such as justice, liberty, equality, and fraternity.
- It signifies the intent of the Constitution and the aspirations of the people of India.
Statement-II: The Preamble is amendable under Article 368.
- This statement is also correct.
- Article 368 provides the procedure for amending the Constitution, including the Preamble.
- However, while the Preamble can be amended, it is subject to the basic structure doctrine established by the Supreme Court, which means certain fundamental aspects cannot be altered.
Why Option B is Correct
- Both statements are accurate in their content.
- Statement-II does not directly explain Statement-I; rather, it provides information about the Preamble's legal status regarding amendments.
- Therefore, while both statements are true, they serve different roles: one reflects the philosophical underpinnings, and the other addresses the legal framework for amendments.
In conclusion, the correct answer is option 'B': Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I.

Explanation:

Statement-I:
- Sovereignty in the Indian context refers to the supreme power of the state to govern itself without interference from external sources.
- It implies that the Indian state has the authority to make laws on any subject within its jurisdiction without being subject to the control of any other state or external power.
- This means that the Indian government has the exclusive right to legislate on matters that affect its citizens and territory.

Statement-II:
- The term "Republic" in the Indian context signifies that the country is a democratic republic where the President is elected by the people.
- All offices, including that of the President, are open to all citizens regardless of their background, caste, religion, or gender.
- This ensures that the Indian political system is based on the principles of equality, democracy, and inclusivity.

Correct Answer:
- Both Statement-I and Statement-II are correct and complement each other.
- Statement-I highlights the concept of sovereignty in the Indian context, while Statement-II explains the significance of being a Republic and how it relates to the election of the President and the openness of all offices to citizens.

Analysis of Pairs
- Sovereign: India is an independent state with no authority above it.
This pair is correctly matched. The term "sovereign" implies that India is a self-governing nation with complete control over its own affairs.
- Socialist: Ensures a mixed economy where both public and private sectors co-exist.
This pair is correctly matched. India follows a socialist approach that involves a mix of public and private sectors in the economy, with the government playing a significant role in regulating key industries.
- Secular: All religions in India have the same status and support from the state.
This pair is correctly matched. India is a secular country, which means that all religions are treated equally by the state and there is no official state religion.
- Republic: Indicates that India is a monarchy.
This pair is incorrectly matched. India is a republic, which means that the head of state is an elected official rather than a monarch.
Therefore, out of the four pairs given, three of them are correctly matched. The only pair that is incorrectly matched is the one related to the term "Republic."

Analysis of Statements
The statements provided relate to the concept of "Secularism" in the Indian Constitution.
Statement-I: Original Preamble
- The term "Secular" was not included in the original Preamble of the Indian Constitution, which was adopted in 1950.
Statement-II: 42nd Amendment
- The term "Secular" was added to the Preamble by the 42nd Constitutional Amendment Act in 1976.
- This amendment aimed to reinforce the commitment of India to secularism during a time of political turmoil.
Conclusion
- Since Statement-I is incorrect (as secularism was not part of the original Preamble) and Statement-II is correct (it was added later), the correct answer is option 'D': Statement-I is incorrect, but Statement-II is correct.
Importance of Secularism in India
- Secularism is a fundamental aspect of the Indian Constitution, promoting the idea that the state treats all religions equally.
- It ensures the separation of religion from the government, allowing for a diverse and pluralistic society.
Understanding these statements helps clarify the evolution of the Indian Constitution and its commitment to secular values.

The correct answer is option 'B' - Berubari Case, 1960.

Explanation:

The Berubari Case of 1960 was a landmark judgement by the Supreme Court of India that dealt with the question of the constitutional status of the Preamble. The case arose out of a dispute between India and Pakistan over the ownership of the Berubari Union of West Bengal.

The Indian government sought to transfer the Berubari Union to Pakistan under the Nehru-Noon Agreement of 1958. However, the transfer required an amendment to the Indian Constitution, which would have affected the territorial integrity of India. The amendment was challenged in the Supreme Court on the grounds that it violated the basic structure of the Constitution.

In its verdict, the Supreme Court held that the Preamble was not a part of the Constitution and therefore, it could be amended without affecting the basic structure of the Constitution. The court held that the Preamble was a mere introductory statement and did not confer any rights or impose any obligations.

The court observed that the Preamble was not a source of power or an instrument of limitation, but merely a key to understanding the Constitution. The court also held that the Preamble was not enforceable in a court of law and did not confer any justiciable rights.

This judgement had far-reaching implications for the interpretation of the Indian Constitution. It established the principle that the Preamble was not a part of the Constitution and therefore, it could be amended without affecting the basic structure of the Constitution. However, this view has been challenged in subsequent judgements, such as the Kesavananda Bharati case of 1973, which held that the Preamble was a part of the Constitution and formed an integral part of its basic structure.