The Constitution of India: Preamble and Fundamental Rights, Summaries of Law

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THE CONSTITUTION OF INDIA

Lecture - 1

THE CONSTITUTION OF INDIA

Lecture - 1

Q.

What was the exact constitutional status of the Indian Republic on 26th January 1950 when the constitution

was inaugurated?

[A] A Democratic Republic [B] A Sovereign Democratic Republic [C] A Secular Democratic Republic [D] A Sovereign Socialist Democratic Republic [E] A Sovereign Socialist Secular Democratic Republic Ans: Option B

The Constitution of India came into force on 26th January 1950. On 26th January 1950, India had the

constitutional status of 'Sovereign, Democratic, Republic'.

The word “Socialist Secular” were added by the 42nd Amendment Act 1976.

The preamble to the Constitution declares India to be a Sovereign Socialist Secular Democratic Republic

Q.

Which of the following was not inserted in the Preamble of the Constitution of India through the 42nd

Constitutional Amendment Act 1976?

[A] Socialist [B] Secular [C] Dignity [D] Integrity [E] None of the above Ans: Option C The 42nd Constitutional Amendment Act 1976 changed the description of India from a "sovereign democratic republic" to a "sovereign socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

Q.

Who prepared the Preamble of the Indian Constitution?

[A] Dr B.R.Ambedkar [B] Dr Rajendra Prasad [C] Jawaharlal Nehru [D] Mahatma Gandhi [E] K.M.Munshi Ans: Option C The base of the Preamble was the Objective Resolutions moved by Jawaharlal Nehru. The Objective Resolution was moved on December 13, 1946 by Pandit Jawaharlal Nehru, which provided the philosophy and guiding principles for framing the Constitution and later took the form of Preamble of the Constitution of India.

Q.

Which one of the following pairs is correctly matched?

[A] Republic: Head of the State is a hereditary monarch [B] Sovereign: Constitution rests on the people’s will [C] Democratic: Constitution does not recognise legal supremacy of another country [D] Secular: State is without any religion of its own Ans: Option D

The term ‘Republic’ signifies that there shall be an elected head of the State.

The word ‘Sovereign’ means that constitution does not recognize the legal supremacy of another country.

The term ‘democratic’ means ‘A Government established by Constitution which gets its authority from the will

of the people.

The term ‘Secularism’ means a State which has the religion of its own as recognized religion of State.

Q.

The Constitution of India was prepared by Drafting committee, Constituent Assembly and it adopted and

enacted the Constitution on 26 November, 1949. Some of the Provisions came into force on that day while

other came into force on 26 January, 1950 when the Constitution came into force.

Article 394. Commencement.—This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392

and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force

on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of

this Constitution.

As mentioned in the Preamble, Adopted and Enacted on 26th November, 1949

Commencement or came into force on 26th January 1950

Q.

The correct nomenclature of India according to the Preamble is :

[A] Sovereign Secular Democratic Republic [B] Sovereign, Democratic Republic [C] Sovereign Socialist Secular Democratic Republic [D] Sovereign Secular Socialist Democracy [E] Sovereign Secular Socialist Ans: Option C The preamble of the Indian Constitution starts like this 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

Q.

Which was the last to be adopted in the Constitution of India?

[A] Preamble [B] Part III-Fundamental Rights [C] Part IV- Directive Principles of State Policy [D] Part II - Citizenship [E] Part V - The Union Ans: Option A The Preamble is based on the Objective Resolution moved by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946. The Resolution was adopted on January 22, 1947. Preamble was the last one to be adopted by the Constituent assembly after a long debate.

Q.

Till now, the Preamble of Constitution of India has been amended for how many times?

[A] Never [B] Once [C] Twice [D] Three times [E]Four Times Ans: Option B The three words which were added in the Preamble to the Constitution of India by the 42nd Constitutional Amendment Act 1976 are socialist, secular and integrity. The only amendment in Preamble. It has been clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered. Therefore, it is considered as the heart and soul of the Constitution

Q.

The power to carve out new State is vested in

[A] The Parliament [B] The President [C] The Council of Ministers [D] States Reorganisation Commission [E] The Governor Ans: Option A

Article 3. Formation of new States and alteration of areas, boundaries or names of existing States.—

Parliament may by law—

(a) form a new State by separation of territory from any State or by uniting two or more States or parts of

States or by uniting any territory to a part of any State;

(b) increase the area of any State;

Q.

(c) diminish the area of any State;

(d) alter the boundaries of any State;

(e) alter the name of any State:

Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the

recommendation of the President and unless, where the proposal contained in the Bill affects the area,

boundaries or name of any of the States , the Bill has been referred by the President to the Legislature of that

State for expressing its views thereon within such period as may be specified in the reference or within such

further period as the President may allow and the period so specified or allowed has expired.

Explanation I.—In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso,

“State” does not include a Union territory.

Explanation II.—The power conferred on Parliament by clause (a) includes the power to form a new State or

Union territory by uniting a part of any State or Union territory to any other State or Union territory.

Q.

(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First

Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also

contain such supplemental, incidental and consequential provisions (including provisions as to representation

in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament

may deem necessary.

(2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of

article 368.

Schedule 1: I. —The States. II. —The Union territories.

Schedule 4: —Allocation of seats in the Council of States.

Q.

"Democracy is a government of the people, by the people, and for the people." Who said this statement?

[A] Rousseau [B] J.S. Mill [C] Abraham Lincoln [D] John Bright [E] David C. Ans: Option C Abraham Lincoln said, "Democracy is a rule of the people, for the people and by the people". It means that democracy is a form of government in which the rulers are elected by the people. The citizens of the country elect the Government to rule the country and the elected government work for the welfare of the people.