Test: Preamble - CLAT PG MCQ

Article 14 guarantees equality before the law, ensuring that every individual is treated equally and prohibits discrimination. This foundational principle is crucial for upholding the rule of law and justice in society.

While democracy is a foundational concept of the Indian Constitution, it is not explicitly stated in the Preamble. The Preamble emphasizes justice, liberty, and fraternity, which are essential for a democratic society but does not use the term 'democracy' directly.

The Preamble serves as a concise introduction that encapsulates the core values and aspirations of the Indian people, setting the philosophical framework for the Constitution. It outlines the principles that guide the nation and signifies the intent behind the legal provisions.

Social Justice is focused on removing inequalities based on wealth, opportunity, status, race, religion, caste, and other factors. It aims to create a more equitable society, ensuring everyone's rights are protected and promoting inclusivity.

Economic exploitation is contrary to the principles of the Preamble, which emphasizes justice, liberty, and equality. The Preamble aims to promote fair treatment and opportunities for all citizens rather than exploitation.

In the case of a conflict, the specific provisions of the Constitution take precedence over the Preamble. This ensures that the detailed legal framework is upheld, while the Preamble serves as a guiding philosophy.

The Preamble is non-justiciable, meaning it cannot be enforced in a court of law like other legal provisions. However, it serves as a guiding principle for interpreting the Constitution and understanding its spirit.

The term 'Sovereign Independent Republic' was altered to 'Sovereign Democratic Republic' in the Preamble. This change was made because the framers felt that independence was already inherent in the term 'Sovereign', thus emphasizing the democratic nature of the state.

The phrase "We, the people of India" emphasizes the sovereignty of the citizens, indicating that the Constitution is created by and for the people. It highlights the democratic foundation upon which the Constitution stands.

The 42nd Amendment, enacted in 1976, introduced the terms "Socialist", "Secular", and "Integrity" to the Preamble. This amendment aimed to reaffirm the commitment of the Indian state to economic justice, religious equality, and national unity.

In the State of Rajasthan v. Basant Nahata, the Supreme Court ruled that the Preamble of an ordinary statute should be consulted only when the language is ambiguous. This emphasizes the Preamble's limited but important role in legal interpretation.

In the Kesavananda Bharati case, the Supreme Court acknowledged the Preamble's importance in interpreting the Constitution. It highlighted that the Preamble reflects the grand vision of the Constitution and can be used to clarify its objectives and limitations.

The Right to Freedom of Religion emphasizes Negative Liberty, which means freedom from interference by the state in individual religious practices. This concept allows individuals to practice their religion without undue government involvement.

"Sovereign" signifies that India is an independent nation with full authority over its affairs, free from external control. This term establishes the state’s autonomy in both domestic and international matters.

Fraternity was specifically added to the Preamble to highlight the need for unity and goodwill among the diverse population of India. This term emphasizes the importance of social harmony and collective identity, inspired by ideals from the French Revolution.