Test: Constitution of India: Preamble, Fundamental Concepts, and Legislative Structure - CLAT MCQ

The Preamble

• The Preamble embodies the basic philosophy and fundamental values— political, moral and religious—on which the Constitution is based.
• It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution. HENCE OPTION A IS CORRECT.

The DPSP

• Dr B R Ambedkar described these principles as ‘novel features’ of the Indian Constitution.
• The Directive Principles along with the Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution.
• These are the constitutional instructions or recommendations to the State in legislative, executive and administrative matters.

The Fundamental Duties

• The framers of the Constitution did not feel it necessary to incorporate the fundamental duties of the citizens in the Constitution.
• So they were added later in 1976, by 42^nd Constitutional Amendment (1976) based on the recommendations of Swaran Singh Committee.

The federal nature of the Indian constitution was adopted from the Constitution of Canada.
Key Points:
The Constitution of India is the lengthiest written constitution in the world.

• Its provisions were borrowed from the Government of India Act 1935 and the Constitutions of the US, Ireland, Britain, Canada, Australia, Germany, the USSR, France, South Africa, Japan, and other countries.
• The Indian Constitution gives federal structure to the nation by specifying the distribution of powers between the central government and the states in Part XI. Some examples of federal-state are the United States, Canada, Brazil, Germany, etc.

Additional Information:

• The federal feature of the Indian constitution states that there must be the distribution of powers between central and state governments. Article 246 of the constitution gives power to both union and state governments to make laws in the respective matters provided in the union list, state list, and concurrent list.
• The federal features of governance are a dual system of government i.e. center and states,
• The division of powers between the executive, judiciary and legislature which are the three organs of the state, Supremacy of the Constitution, independent Judiciary, and bicameralism.
• Federalism is a system of government in which the same territory is controlled by two levels of government.
• Generally, an overarching national government is responsible for the broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

Thus, The concept of the federal system in India has been borrowed from the Canadian constitution.

Let's analyze the options in the context of the Preamble to the Indian Constitution:

Option A: "Is not a part of it."

• This is incorrect. The Preamble is considered a part of the Indian Constitution. The Supreme Court, in the Kesavananda Bharati case (1973), ruled that the Preamble is an integral part of the Constitution and can be used to interpret ambiguous sections of the Constitution.

Option B: "does not Indicates the objectives to be achieved."

• This is incorrect. The Preamble outlines the objectives of the Indian Constitution, including Justice, Liberty, Equality, and Fraternity, which reflect the fundamental principles to be achieved.

Option C: "Indicates the source from which the Constitution derives its authority."

• This is correct. The Preamble begins with the words "We, the People of India," indicating that the Constitution derives its authority from the people of India.

Option D: "Is a source of authority of the Constitution."

• This is incorrect. The Preamble is not the source of the authority of the Constitution. It serves as an introduction, stating the guiding values and principles, but the actual authority of the Constitution comes from the people of India.

The Preamble both indicates the objectives to be achieved and the source from which the Constitution derives its authority.

Thus, the correct answer is: Option C: Indicates the source from which the Constitution derives its authority.

The Preamble:

• Part of the Constitution:
  • The Preamble is recognized as a part of the Constitution of India.
  • In the Kesavananda Bharati Case (1973), the Supreme Court affirmed its status as an integral component of the Constitution.
• Legal Effect:
  • While the Preamble outlines the fundamental values and guiding principles of the Constitution, it does not have legal effect on its own.
  • This means that the Preamble cannot be enforced as law independently in a court of law.
• Relation to Other Parts:
  • The Preamble reflects the aims and aspirations of the Constitution's framers and is intended to be read in conjunction with the provisions of the Constitution, which provide the legal basis for governance and rights.

Thus, the correct characterization of the Preamble is that it is a part of the Constitution but has no legal effect independently of other parts. Hence, option D is correct.

The correct answer is USA.

• The American Constitution was the first to begin with a Preamble.
• Many countries, including India, followed this practice.
• The term ‘Preamble’ refers to the introduction or preface to the Constitution.
  • It contains the summary or essence of the Constitution.
  • N.A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the Constitution.’
• The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.
• It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words–Socialist, Secular, and Integrity. (Asked many times in various PSC Exams)
• The Preamble embodies the basic philosophy and fundamental values–political, moral, and religious–on which the Constitution is based.
• It contains the grand and noble vision of the Constituent Assembly and reflects the dreams and aspirations of the founding fathers of the Constitution.

Key Points

The Preamble reveals four ingredients or components:

• ​Source of the authority of the Constitution:
  • “We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC,  this shows that the Constitution derives its authority from the people of India. 
• Nature of Indian State: It declares India to be of a sovereign, socialist, secular democratic and republican polity.
• Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives.
• Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

Key Points 

The Preamble of the Indian Constitution:

• 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 integrity of the Nation;
• IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Additional Information 
42nd Constitutional Amendment Act

• The 42nd Constitutional Amendment Act of 1976 added: “Socialist”, “Integrity” and “Secular” to the Preamble.
• The 42nd Amendment Act of the Indian Constitution was enacted in 1976 by the Indian National Congress, led by Indira Gandhi.
• The 42nd amendment act is also known as the “Mini-Constitution” because of the enormous number of amendments it has made to the Indian Constitution. 
• To reduce the power of the Supreme Court and the High Courts for the validity of constitutional laws. 
• To lay down the fundamental duties for the citizens of the nation.
• This amendment added 40 new clauses and 14 new Articles to the Constitution. 

• Individual Dignity: The Preamble aims to secure individual dignity by ensuring that every individual in the country is treated with respect and has the right to lead a dignified life.
• Unity: The Preamble also aims to promote unity among the people of India, regardless of their differences in religion, language, culture, or region. It emphasizes the importance of working together towards common goals for the betterment of the nation.
• Integrity of the Nation: Another goal of the Preamble is to ensure the integrity of the nation by fostering a sense of national pride and unity among its citizens. It emphasizes the importance of preserving the sovereignty and territorial integrity of India.

Option C is correct, i.e. Once

• The preamble of the constitution has been amended only once so far through the 42nd Constitution Amendment Act 1976. The words Secular, Socialist, and Integrity were added to the constitution.
• The preamble has been amended only once so far.
• On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the 42nd Amendment of the constitution.
• In this amendment, the words "socialist" and "secular" were added between the words "Sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".
• The Preamble of the Indian Constitution has been adopted on 26 November 1949.
• It is a brief introductory statement setting out guidelines that guide the people of the nation and the principles of the Constitution, indicating the source and meaning of the document.
• It adopted by Constituent Assembly on 26 November 1949 but came into action on 26 January 1950(Republic Day of India).
• In the Berubari case presidential reference, the Supreme Court of India originally stated that the preamble is not an integral part of the Indian constitution.
• The Preamble of Indian Constitution based on Objectives Resolution.

Secularism and Freedom of Religion:

• Secularism, in a political context, refers to the principle of separating government institutions and officials from religious institutions and religious beliefs.
• Being secular means that the state does not officially promote any specific religion and allows individuals the freedom to practice their own religion or no religion at all.
• Secularism upholds the idea of freedom of religion and worship for all citizens, ensuring that the government does not favor one religion over another.
• It promotes equality and tolerance among different religious beliefs and ensures that individuals are free to follow their own beliefs without interference from the state.
• Secularism also plays a crucial role in maintaining a peaceful and harmonious society by respecting the diverse religious practices and beliefs of its citizens.

The term "socialist" in the Preamble of the Indian Constitution refers to the aim of reducing economic inequality, ensuring that wealth does not remain concentrated in a few hands, and promoting the equitable distribution of natural resources. This aligns with the state's policy of striving for social justice and welfare, ensuring a balance between individual rights and societal well-being.

The term "Social Justice" in the Preamble to the Indian Constitution aims to establish a fair society where:

• Economic and Social Inequality is Removed: The Constitution seeks to reduce the gap between the rich and the poor and ensure that all citizens have equal opportunities in society. This includes addressing both social inequality (such as caste and gender) and economic inequality (wealth and income disparities).
• Standards of Living are Raised: The state is committed to ensuring that everyone, especially the underprivileged, has access to a decent standard of living, which includes food, housing, education, and healthcare. This is crucial for achieving social justice.
• Protection of Weaker Sections: Special provisions are made to uplift the marginalized communities, such as Scheduled Castes, Scheduled Tribes, and economically weaker sections, so that they can be brought to an equal footing with others in society.

The word 'Sovereign' in the Preamble signifies that India is a fully independent country, not subject to any external authority or foreign power. It emphasizes that:

• India has the absolute authority to make its own decisions and govern itself without any interference from other nations.
• The government has the power to rule and make laws within its own territory without being controlled by external forces.

Thus, Option D correctly explains the meaning of sovereignty as it highlights both the independence from external control and the power to govern within India's territory.

The correct answer is The French Revolution.

The French Revolution:

• "Liberty, Equality and Fraternity" was the slogan during the French Revolution.
• The ideals of liberty, equality and fraternity enshrined in the preamble of the Constitution of India were adopted under inspiration from the French Revolution.
• It was a period of political and societal change in France.
• The ideas of the revolution are considered the fundamental principles of liberal democracy and propounded its value in politics.
• The revolution gave importance to the doctrine of 'popular sovereignty' by ending the monarchy.
• It provided power to the freedom struggle in Europe and India.

Preamble declares India to be a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, equality to “all citizens” and promote fraternity to maintain unity and integrity of the nation.

• Republic: In a republic, the Head of the State is elected, not a hereditary monarch, so Option A is incorrect.
• Secular: In a secular state, there is no official state religion, and all religions are treated equally, making Option B correct.
• Democratic: Democracy refers to the rule by the people, where the government is elected by the people, not related to the legal supremacy of another country. So, Option C is incorrect.
• Sovereign: Sovereignty refers to the state's complete independence, free from external control, not directly related to the Constitution resting on people's will (which defines a democratic principle). So, Option D is incorrect.

The Seventh Schedule to the Constitution of India defines and specifies the cation of powers and functions between the Union & States. 
It contains three lists:

1. Union List:

• ​Originally had 97 subjects. Now, it has 100 subjects.
• The Union List signifies the strong centre as it has more subjects than the state list.
• The Center has exclusive powers to makes laws on the subjects mentioned under the Union List of Indian Constitution.​

2. State List:

• It has 61 subjects. Earlier, it had 66 subjects.
• The laws can be made on the subjects enumerated under the State List of the Indian Constitution exclusively by the State legislatures.
• Article 249 gives Parliament the power to legislate concerning a subject enumerated in the State List in the national interest.​​

3. Concurrent List:

• It has 52 subjects enumerated under it.
• The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia.
• Central Government and State Government both can make laws on the subjects mentioned under the Concurrent List.
• However, in case of any conflict, the law made by the Central Government prevails.​

• The Constitution has provided for a three- fold distribution of subjects for legislative subjects were placed in the concurrent list based on Canadian pattern.
• The cardinal rule of interpretation is that the entries in the legislative lists are not to be read in a narrow or restricted sense and that each general word should be held to extend to all ancillary or subsidiary matters which can fairly and reasonably be said to be comprehended in it.

Idea of concurrent list in the Indian constitution was borrowed from Australia. The 7th Schedule of the Indian Constitution mainly engages with the division of powers between the Union government and State governments. It is a part of 12 Schedules of Indian Constitution. The division of powers between Union and State is organised through three kinds of list mentioned in the seventh schedule:

Union List – List I
State List – List II
Concurrent List – List III

Concurrent list: The concept of ‘Concurrent List’ in the Indian Constitution has been borrowed from the Constitution of Australia. Both the Central Government and State Government both can make laws on the subjects that come under the category of Concurrent List. The matters on which uniformity of legislation throughout the country is desirable but not mandatory are enumerated in the concurrent list.

Subjects in the concurrent list:

• Education
• Forest
• Trade unions
• Marriage
• Adoption
• Succession

• The Constitution of India creates a three-fold distribution of legislative powers between the centre and the states. This distribution is effected through three lists mentioned in the Seventh Schedule of the Constitution of India. These lists are - Union list, State list, Concurrent list.
•  According to Article 246(1) of the Indian constitution Parliament has the exclusive power of legislation over subjects mentioned in List 1, The Union List. Subjects mentioned in list 1 are of national importance therefore union alone has power to make Law on those subjects.

Hence, the correct answer is Union list.

• Option A is correct: The Parliament has exclusive power to make laws on matters listed in the Union List, which covers areas of national importance.
• Option B is correct: Both the Parliament and State Legislatures can legislate on matters in the Concurrent List, but in case of a conflict, the law made by Parliament prevails.
• Option C is incorrect: State Legislatures cannot make laws on subjects in the Union List under any circumstances. Only Parliament can legislate on Union List subjects.
• Option D is correct: The Union Parliament can legislate on State subjects under certain circumstances, such as during a national emergency or when states consent.

Thus, Option C is the incorrect statement.

• The Concurrent List allows both the Union and State Legislatures to make laws on certain matters. Preventive Detention, being a matter of national security as well as state interest, falls under this list.
• However, in case of a conflict between a state law and a union law on a matter in the Concurrent List, the union law prevails.

Correct Answer- Option A as Banking comes under Union List

Some of the topics under State List are:

1. Public Order

2. Police

3. Public Health & Sanitation

4. Domestic Pilgrimage

5. Fisheries

6. Betting & Gambling

7. Salaries and perks of Legislative Assembly and Council

8. Agriculture, etc

The Correct Answer is Population control and family planning.

Key Points

• This provision for Population control and family planning was added through the 42nd Constitutional Amendment, 1976.
• It was added under the Entry 20-A in List III (Concurrent List) of the VII Schedule of the constitution.

Important Points

• The Constitution of India has provided for a division of powers between the Central and state governments.
• Under the Seventh Schedule, there are three lists – the Union, State, and Concurrent List.

Additional Information 

1. Union List 

• The Union List has a range of subjects under which the Parliament may make laws.
• This includes defense, foreign affairs, railways, banking, among others.

2. State List

• The State List lists subjects under which the legislature of a State may make laws.
• Public order, police, public health, and sanitation; hospitals and dispensaries, betting, and gambling are some of the subjects that come under the state.

3. Concurrent List

• The Concurrent List includes subjects that give powers to both the Centre and State governments.
• Subjects like education including technical education, medical education and universities, population control and family planning, criminal law, prevention of cruelty to animals, protection of wildlife and animals, forests, etc.

Under the Indian Constitution, tax on agricultural income is within the exclusive jurisdiction of the State Governments. This is enumerated in the State List (List II) of the Seventh Schedule of the Constitution. Only state legislatures have the power to levy taxes on agricultural income.

• When there is a conflict or inconsistency between laws made by Parliament and those made by State Legislatures on matters in the Concurrent List (List III), the law made by Parliament shall prevail, regardless of whether it was enacted before or after the State law.
• This principle is outlined in Article 254 of the Indian Constitution.
• However, if the State law has received the President's assent, it can prevail over the Union law in that state, but Parliament still retains the power to override that state law by passing a new law.

Thus, Option C is correct because it reflects that the Parliament’s law, whether made before or after the State law, has overriding power.

In case of a conflict between the Central law and the state law on a subject enumerated in the Concurrent List, the Central law prevails over the state law.
But, there is an exception. If the state law has been reserved for the consideration of the president and has received his assent, then the state law prevails in that state. But, it would still be competent for the Parliament to override such a law by subsequently making a law on the same matter.

The correct answer is not exceeding one year

Article 249:

• Clause 1: If the Rajya Sabha proposes with a two-thirds majority of its members present and voting that it is necessary or beneficial in the national interest, the Parliament can legislate on any of the subjects listed in the State List.
• Clause 2: The resolution passed under clause 1 shall remain effective for a period not exceeding one year.
  • ​It can be extended for more than one year if Rajya Sabha passes the resolution again.
• Clause 3: Any law made by such resolution remains effective for 6 months after the resolution ceases to exist.

Additional Information

• Articles 245 to 255 discuss the centre-state legislative relationship in Part-XI of the Constitution. 
• There are three types of lists in the Seventh Schedule as legislative powers between the Center and the States in the Indian Constitution.
  • 'Union List' - It mentions important topics which include defence, communication, foreign policy, etc., and where only the central laws are effective.
  • 'State List' - The state government has the power to make laws, but in case of differences, the central law will take precedence over the state law. There are 61 subjects (originally 66 subjects) in this list, such as local governance, fisheries, public order, etc.
  • 'Concurrent list' - where there should be no conflict between the laws of the Center and the State, otherwise the laws of the Center will be effective. Currently, it has 52 subjects (originally 47), such as - Criminal Law Procedure, Civil Procedure, Marriage and Divorce, Labor Welfare, Electricity, etc.
• Under the 42^nd Constitutional Amendment Act, 1976, five subjects have been included in the Concurrent List from the State List.
  • They are - education, forests, weighing, protection of wildlife and birds, administration of justice.

The residuary powers refer to the authority to legislate on matters not enumerated in the Union List, State List, or Concurrent List. According to the Indian Constitution, these powers lie with the Parliament. This means that if a subject is not mentioned in any of the three lists, the Parliament has the exclusive right to make laws on it.
Option C is incorrect because, post the abrogation of Article 370 in 2019, the special status of Jammu and Kashmir has been removed, and residuary powers now apply uniformly to all states.

The theory of repugnancy applies when there is a conflict between a Union law and a State law both enacted under the Concurrent List (List III). In such cases, if both laws are inconsistent or contradictory, the Union law prevails over the State law, unless the State law has received the President's assent, in which case it prevails in that particular state. However, Parliament can still override the state law by enacting a subsequent law on the same subject.

• Option B is incorrect because the Union and State occupying different fields in different Lists do not create a conflict.
• Option C is incorrect because laws made under List III (Concurrent List) and List II (State List) are distinct and do not lead to repugnancy.
• Option D is incorrect because laws enacted solely under the State List do not conflict with Union laws directly.

The correct answer is without the consent of any state.

The Parliament can make a law for the whole or any part of India for implementing international treaties without the consent of any state.

Key Points

• The Constitution of India provides for a federal system of government of the country.
• It has divided powers (legislative, executive, and financial) between the union and the states. 
• Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the union and the states. Besides these, there are some other constitutional provisions dealing with the same subject.
• The constitution empowers parliament to make laws on any matter in-state list under five extraordinary circumstances:
  • Rajya Sabha passes the resolution
  • National emergency
  • States make a request
  • To implement international agreements
  • During the president's rule
• The Indian Constitution also divides the legislative powers between the center and the states with respect to both the territory and the subjects of legislation like any other Federal Constitution.
• The Parliament can alone make ‘extra-territorial legislation’ thus the laws of the Parliament are applicable to the Indian citizens and their property in any part of the world.
• Subject to the provisions of the Constitution, a state legislature may make laws for the whole or any part of the state to which it belongs.
• It is not possible for a state legislature to enlarge its territorial jurisdiction under any circumstances, except when the boundaries of the state itself are widened by an act of the Parliament.