Preamble: UPSC Previous Year Questions (Polity)

Explanation

The Preamble to the Indian Constitution is a brief introductory statement that reflects the hopes and aspirations of the people. The ideals behind the Preamble to Indian Constitution is based on ‘Objective Resolution’ which were drafted by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947. The original Preamble, adopted by the Constituent Assembly in 1949, declared India a "Sovereign Democratic Republic". Later, it was amended by the 42nd Constitutional Amendment Act (1976), and added three new words-"Socialist, Secular and Integrity".

The words “Socialist” and “Secular” were not in the Preamble on 26 January 1950; they were added in 1976. Options C and D therefore describe the Preamble as it reads today, not the constitutional status on the day the Constitution came into force.

Explanation

The Preamble to the Constitution of India is part of the Constitution but lacks independent legal force. It outlines guiding principles like justice, liberty, and equality. The Supreme Court in Kesavananda Bharati (1973) affirmed it as integral to understanding the Constitution’s philosophy, although it doesn’t confer enforceable rights. It serves as a guiding tool for interpreting the Constitution’s objectives.

Explanation

Liberty is generally understood not as the absence of restraint or mere freedom to do whatever one likes, but as the freedom to develop one’s full potential within the framework of laws and rights that ensure the same freedom for others. This idea aligns with the concept of positive liberty, which is the ability to act in ways that allow personal and collective growth, while also respecting the freedoms of others.

Explanation

“If there are no laws, there is no liberty" is attributed to John Locke. Law and liberty are not opposed; rather, laws protect liberty.

Option (a) is incorrect: If there are more laws, there is less liberty: This implies that law restricts liberty, which is not always the case. Well-structured laws are meant to protect and preserve liberty by ensuring order and justice. For instance, the Right to Information (RTI) Act, 2005 empowers citizens by promoting transparency in governance, thereby strengthening democracy and individual freedom.

Option (b) is correct: Without laws, there would be chaos, and individual liberty would be at risk. Laws provide the framework that allows liberty to exist and be protected. They ensure that people can enjoy their freedoms without infringing on others’ rights. For instance, without laws regulating traffic, there would be chaos on the roads, leading to accidents and endangering lives.

Option (c) is incorrect: If there is liberty, laws have to be made by the people: While it is important for laws to reflect the will of the people, this option is not as broadly applicable. Liberty can exist even when laws are made by representatives or through other legitimate processes.

Option (d) is incorrect: If laws are changed too often, liberty is in danger: Frequent changes in law may cause instability, but it does not inherently endanger liberty. As long as changes are made transparently and for the benefit of society, liberty can be maintained.

Explanation

The preamble to the Indian Constitution assures to all citizens- liberty of thought, liberty of expression, liberty of belief, liberty of faith and worship. However, economic liberty is not directly mentioned in the Preamble. While economic rights and the goal of economic justice are addressed in the Directive Principles of State Policy, the Preamble does not specifically include economic liberty as one of its stated objectives.

Explanation

The Preamble to the Constitution of India reflects the vision and values of the framers, including justice, liberty, equality, and fraternity. It outlines the objectives of the Constitution, such as ensuring social, economic, and political justice, and promoting unity and dignity. In the Berubari case, the court held that the Preamble was not part of the Constitution’s operative provisions, meaning it did not have legal force in itself, although it could help in interpreting the Constitution’s provisions. The Supreme Court has affirmed its importance in the Kesavananda Bharati case (1973), where it was recognized as integral to understanding the Constitution makers intent and philosophy, and it overturned opinion in the Berubari case. So, now Preamble stands as part of the constitution.

Explanation

"Economic Justice" is a key objective of the Indian Constitution, reflected both in the Preamble and the Directive Principles of State Policy (DPSP).

Option(b) is correct:

The Preamble highlights economic justice as part of broader social, economic, and political justice, emphasizing non-discrimination based on economic factors. The DPSP, inspired by socialist principles, aims to reduce inequalities and promote social and economic welfare. The 44th Amendment (1978) amended Article 38 by adding Article 38(2) to the DPSP, mandating the state to minimize income and status disparities and ensure equitable access to opportunities and resources.

Explanation

The Constitution of India was adopted by the Constituent Assembly on 26th November 1949, as noted in the Preamble, marking the completion of the drafting process. The X stands for this date in the Preamble. However, it came into effect on 26th January 1950, to honor the Purna Swaraj Declaration of 1930, when India resolved to seek complete independence. The Preamble reflects the ideals of justice, liberty, equality, and fraternity, while the Constitution’s official enforcement began on Republic Day.