Q71. In which of the following cases did the Supreme Court explicitly opine that the "Preamble is not a part of the Constitution"?
Framing of the Constitution, Preamble and Citizenship: RAS Prelims MCQs
100 RAS Prelims MCQs on the framing of the Constitution, the Preamble and citizenship cover the Constituent Assembly, its members and committees, the sources from which features were borrowed, the Preamble’s words and the rules of citizenship. The explanations give dates, names and countries so that each fact can be placed quickly.
Practice questions based on the RPSC RAS Prelims syllabus. They follow the exam pattern but are not past-paper questions.
Showing 71–80 of 100 questions
Q72. Arrange the following landmark Supreme Court cases related to the legal status of the Preamble in chronological order:
I. Kesavananda Bharati case
II. Berubari Union case
III. LIC of India case
Select the correct order from the options below:
I. Kesavananda Bharati case
II. Berubari Union case
III. LIC of India case
Select the correct order from the options below:
Explanation
The legal status of the Preamble was first addressed in the Berubari Union case in 1960, where it was declared not to be a part of the Constitution. This was reversed in the landmark Kesavananda Bharati case in 1973, which held the Preamble to be an integral part. Later, in the LIC of India case in 1995, the court reaffirmed its earlier decision.
Q73. Consider the following statements regarding the Supreme Court’s judgement in the Kesavananda Bharati case (1973) concerning the Preamble:
I. The Supreme Court rejected the earlier opinion and held that the Preamble is a part of the Constitution.
II. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in its light.
III. It ruled that the Preamble is a source of power to the legislature and its provisions are enforceable in courts.
Which of the above combination of statements is correct?
I. The Supreme Court rejected the earlier opinion and held that the Preamble is a part of the Constitution.
II. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in its light.
III. It ruled that the Preamble is a source of power to the legislature and its provisions are enforceable in courts.
Which of the above combination of statements is correct?
Explanation
In the Kesavananda Bharati case (1973), the Supreme Court ruled that the Preamble is indeed a part of the Constitution and is of extreme importance. It stated that the Constitution should be interpreted in the light of the grand vision expressed in the Preamble. However, the court also clarified that the Preamble is neither a source of power nor enforceable in courts.
Q74. Given below are two statements regarding the amendability of the Preamble:
Statement I: The Preamble can be amended under Article 368 of the Constitution.
Statement II: The basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment.
Identify the correct option:
Statement I: The Preamble can be amended under Article 368 of the Constitution.
Statement II: The basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment.
Identify the correct option:
Explanation
The Supreme Court in the Kesavananda Bharati case clarified that the Preamble can be amended under Article 368, just like any other part of the Constitution. However, this power is subject to the limitation that the ‘basic structure’ of the Constitution, which includes the fundamental features mentioned in the Preamble, cannot be destroyed or altered through such an amendment.
Q75. Identify the incorrect statement regarding the current legal position of the Preamble:
Explanation
Under current legal doctrine, the Preamble is an integral part of the Constitution but it is non-justiciable. Crucially, it does not grant any substantive power to the legislature, nor does it place any substantive limitations or prohibitions upon legislative powers. Its role is primarily interpretive, guiding the understanding of the Constitution’s goals and principles rather than acting as a direct source of law.
Q76. When an Article of the Constitution is ambiguous and capable of more than one meaning, the judiciary often relies on which part of the Constitution for correct interpretation?
Explanation
The Preamble serves as a vital guide for the judiciary when interpreting the Constitution. If any Article is found to be ambiguous or capable of multiple meanings, the courts often look to the Preamble to understand the intentions of the framers and the underlying philosophy of the document. This helps in resolving legal uncertainties in a manner that aligns with the nation’s core ideals.
Q77. Match List I with List II and select the correct answer from the options given below:
| Article of the Constitution | Provision related to Citizenship |
|---|---|
| A. Article 5 | i. Rights of citizenship of certain persons of Indian origin residing outside India |
| B. Article 6 | ii. Citizenship at the commencement of the Constitution based on domicile |
| C. Article 7 | iii. Rights of citizenship of certain migrants to India from Pakistan |
| D. Article 8 | iv. Rights of citizenship of certain migrants to Pakistan who later returned to India |
Explanation
Article 5 deals with citizenship at the commencement of the Constitution for those domiciled in India. Article 6 covers the rights of persons who migrated to India from Pakistan. Article 7 addresses those who migrated to Pakistan but later returned to India. Article 8 concerns persons of Indian origin residing outside the country, ensuring they could register as Indian citizens under specific conditions.
Q78. Which Article of the Indian Constitution grants Parliament the power to regulate the right of citizenship by law?
Explanation
Article 11 of the Constitution expressly grants the Parliament of India the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. This article clarifies that the preceding articles (5 to 10) only addressed citizenship at the time of commencement, and future regulations would be determined by parliamentary legislation.
Q79. The constitutional provisions contained in Articles 5 to 11 deal primarily with the citizenship of individuals:
Explanation
The citizenship provisions contained in Part II of the Constitution (Articles 5 to 11) were designed only to identify who became a citizen of India at the commencement of the Constitution on January 26, 1950. They do not provide a permanent or comprehensive law for citizenship. Instead, they left the task of creating laws for future acquisition and termination to the Parliament.
Q80. Consider the following statements regarding the constitutional provisions for citizenship at the commencement of the Constitution:
I. A person domiciled in India and born in the territory of India became a citizen.
II. A person migrating from Pakistan to India before July 19, 1948, became a citizen under certain conditions.
III. A person who migrated to Pakistan after March 1, 1947, and never returned lost Indian citizenship.
IV. A person of Indian origin residing outside India could register as a citizen.
V. Any person acquiring foreign citizenship voluntarily was deemed an Indian citizen until 1955.
Which of the above combination of statements is incorrect?
I. A person domiciled in India and born in the territory of India became a citizen.
II. A person migrating from Pakistan to India before July 19, 1948, became a citizen under certain conditions.
III. A person who migrated to Pakistan after March 1, 1947, and never returned lost Indian citizenship.
IV. A person of Indian origin residing outside India could register as a citizen.
V. Any person acquiring foreign citizenship voluntarily was deemed an Indian citizen until 1955.
Which of the above combination of statements is incorrect?
Explanation
Statement V is incorrect because according to Article 9, any person who voluntarily acquired the citizenship of a foreign state ceased to be an Indian citizen immediately. This rule applied from the commencement of the Constitution and was not deferred until 1955. The other statements correctly describe the various categories of persons who became citizens at the time of India becoming a Republic.Answer key for these questions
| Q | Correct answer |
|---|---|
| 71 | (d) Berubari Union case (1960) |
| 72 | (a) II, I, III |
| 73 | (a) I and II only |
| 74 | (c) Both Statement I and Statement II are correct |
| 75 | (d) It places substantive limitations upon the powers of the legislature. |
| 76 | (b) The Preamble |
| 77 | (a) A-ii, B-iii, C-iv, D-i |
| 78 | (c) Article 11 |
| 79 | (a) Citizenship only at the commencement date of 26 January 1950. |
| 80 | (b) V only |
Key facts from Framing of the Constitution, Preamble and Citizenship
- M. N. Roy first put forward the idea of a Constituent Assembly; the Cabinet Mission Plan rejected two constituent assemblies.
- Members of the Constituent Assembly were chosen in 1946 by single transferable vote proportional representation; its first meeting was on 9 December 1946.
- The Drafting Committee was set up on 29 August 1947, and Dr B. R. Ambedkar introduced the final draft on 4 November 1948.
- Frank Anthony represented the Anglo-Indian community in the Assembly.
- The Concurrent List was borrowed from Australia; the federal structure with a strong centre follows Canada.
- Liberty of occupation is not named in the Preamble.
Frequently asked questions
How many RAS Prelims practice MCQs are there on Framing of the Constitution, Preamble and Citizenship?
This page has 100 practice MCQs on Framing of the Constitution, Preamble and Citizenship (Indian Polity and Governance). Each has the correct answer, and most have an explanation.
When did the Constituent Assembly first meet?
On 9 December 1946. The Assembly had been elected in July-August 1946 by the members of the provincial legislatures through single transferable vote, and it later took nearly three years to complete the Constitution.
Who introduced the final draft of the Constitution?
Dr B. R. Ambedkar, the Chairman of the Drafting Committee, introduced it in the Constituent Assembly on 4 November 1948. The Drafting Committee itself had been constituted on 29 August 1947.
From which country was the Concurrent List borrowed?
From Australia. The Constitution takes the idea of a list of subjects shared between the Union and the States from the Australian model, while the strong-centre federal scheme follows Canada.