Q.1. Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy? (2021)
(a) A committed judiciary
(b) Centralization of powers
(c) Elected government
(d) Separation of powers
Correct Answer is Option (d)
In the liberal approach which is inherent in democracy, all forms of power are rooted in the will of the people. This approach enhances the rule of law as one of the basic foundations of democracy; it affirms the separation of powers as a vehicle for their restraint, and it promotes individuals’ rights and freedoms as a prerequisite for their dignity.
Q.2. The Preamble to the Constitution of India is [2020-I]
(a) A part of the Constitution but has no legal effect
(b) Not a part of the Constitution and has no legal effect either
(c) A part of the Constitution and has the same legal effect as any other part
(d) A part of the Constitution but has no legal effect independently of other parts
Correct Answer is Option (d)
A.K. Gopalan vs State of Madras (1950): Supreme Court ruled that Preamble is not enforceable in a court of law.
Berubari Vs Union (1960): Supreme Court ruled that Preamble is not a part of the Indian Constitution however, it helps in interpretation of the clauses of the Constitution. Keshavananda Bharti vs State of Kerala (1973)→ Supreme Court ruled that the Preamble is a part of the Indian Constitution.
The combined effect of the 3 judgments has been that even though the Preamble is a part of the Constitution, but it is not enforceable in a court of law. However, the Preamble helps in ascertaining the vision of the Constitution and hence, independently, it is non-justiciable.
Q.3. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020-I)
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Correct Answer is Option (d)
Preamble to the Universal Declaration of Human Rights mentions about dignity of an individual. Preamble of Indian Constitution speaks about “EQUALITY of status and of opportunity; assuring the dignity of the individual and the unity and integrity” So #1 is correct.
Article 23 of the Universal Declaration of Human Rights mentions about the Right to Work. Similar concept in Article 41 of the Indian Constitution, under the head of DPSPs. Article 29 of the Universal Declaration of Human Rights mentions about duties. A similar concept that was inserted in the Indian Constitution by the 42nd Constitutional Amendment Act, 1976 under Part IV-A of the Constitution (Article 51A).
Q.4. ‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in (2013 - I)
(a) the Preamble and the Fundamental Rights
(b) the Preamble and the Directive Principles of State Policy
(c) the Fundamental Rights and the Directive Principles of State Policy
(d) None of the above
Correct Answer is Option (b)
The Preamble to the Constitution of India in its introductory statement says- “Justice- Social, Economic and Political” and the Directive Principles of state policies aim to create social and economic condition under which the citizens can lead a good life. They also aim to establish social and economic democracy through a welfare state.
Q.5. In the following quotation,
“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief faith and worship; EQUALITY of status and of opportunity: and to promote among them all; FRATERNITY assuring the dignity of the individual and the unity and the integrity of the Nation.
In our Constituent Assembly this ‘X’ do hereby adopt, enact and give to ourselves this Constitution.”, ‘X’ stands for: (1997)
(a) twenty-sixth day of January, 1950
(b) twenty-sixth day of November, 1949
(c) twenty-sixth day of January, 1949
(d) None of the above
Correct Answer is Option (b)
The Constitution of India was enacted on Nov. 26, 1949 but it was commenced on Jan. 26, 1950.
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1. What is the purpose of the preamble in the Constitution? |
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