NDA (I) 2021 GAT Q138: With regard to the Constitution of India, which one of the

Q: What is the answer to NDA (I) 2021 GAT Q138?

C. Correct — C, the Preamble is not enforceable in a Court of Law. The Preamble is a declaration of the ideals and objectives of the Constitution; the Supreme Court held in the Berubari Union case (1960) that it is neither a source of power nor a limitation on power and cannot be directly enforced in a court. So the statement that the Preamble 'is enforceable in a Court of Law' is the incorrect one the question is looking for. The other three statements are accurate.

NDA (I) 2021 General Ability Test · Question 138 of 149

Question text verified against the official NDA question paper.

With regard to the Constitution of India, which one of the following statements is not correct?

(a)The words — Socialist and Secular, were not originally part of the Constitution
(b)The Preamble states the objects of the Constitution of India
(c)The Preamble is enforceable in a Court of Law
(d)A Republic refers to the people as the source of all authority under the Constitution

Answer

Why

Correct — C, the Preamble is not enforceable in a Court of Law. The Preamble is a declaration of the ideals and objectives of the Constitution; the Supreme Court held in the Berubari Union case (1960) that it is neither a source of power nor a limitation on power and cannot be directly enforced in a court. So the statement that the Preamble 'is enforceable in a Court of Law' is the incorrect one the question is looking for. The other three statements are accurate.

Why the others are wrong

(a)The words — Socialist and Secular, were not originally part of the Constitution — This is a correct statement, not the exception — 'Socialist' and 'Secular' (and 'Integrity') were inserted into the Preamble by the 42nd Amendment Act, 1976; they were not in the original 1949 text.
(b)The Preamble states the objects of the Constitution of India — A genuine, correct statement — the Preamble sets out the objectives of the Constitution: Justice, Liberty, Equality and Fraternity.
(d)A Republic refers to the people as the source of all authority under the Constitution — Correct statement — in a republic the head of state is elected (not hereditary) and sovereignty/authority flows from the people, so this is true.

Concept

The Preamble is the introductory statement of the Constitution. It declares the source of authority ('We, the People'), the nature of the Indian State (a Sovereign Socialist Secular Democratic Republic), the objectives (Justice, Liberty, Equality, Fraternity) and the date of adoption (26 November 1949). It is part of the Constitution but is non-justiciable — it cannot itself be enforced and is neither a source of power nor a prohibition.

All four statements look plausible, so the deciding phrase is 'enforceable in a Court of Law'. Even though the Preamble is part of the Constitution and an aid to interpretation, it cannot be directly enforced — that turns (c) into the incorrect statement being sought.

Key facts

The words 'Socialist', 'Secular' and 'Integrity' were added to the Preamble by the 42nd Amendment Act, 1976.
Berubari Union case (1960): the Preamble is not enforceable and is not part of the operative provisions of the Constitution.
Kesavananda Bharati (1973): the Preamble is a part of the Constitution and can be amended without destroying its basic structure.
A 'Republic' means the head of state is elected and authority flows from the people.

The illuminated hand-calligraphed Preamble page of the original Constitution of India within an ornate gold decorative border — The Preamble declares the ideals and objectives; it is part of the Constitution but is not enforceable in a court.Image: Illumination by Beohar Rammanohar Sinha, calligraphy by Prem Behari Narain Raizada · Wikimedia Commons (Public domain)

Study next

The 42nd Amendment (1976) and the words added to the PreambleBerubari Union and Kesavananda Bharati on the status of the PreambleThe keywords of the Preamble: Sovereign, Socialist, Secular, Democratic, RepublicJusticiable vs non-justiciable parts of the ConstitutionAmendability of the Preamble under the basic-structure doctrine

Common traps

Assuming that because the Preamble is part of the Constitution it must also be enforceable — it is not.
Thinking 'Socialist' and 'Secular' were in the original 1949 Preamble — they were inserted in 1976.

Framed as 'which statement about the Preamble / Constitution is (not) correct', with enforceability or the 42nd-Amendment additions as the trap.

Related PYQs

UPSC_2017_GS1_Q382017Open & attempt →

Which one of the following objectives is not embodied in the Preamble to the Constitution of India?

(a) Liberty of thought
(b) Economic liberty
(c) Liberty of expression
(d) Liberty of belief

Answer(b) Economic liberty

Same concept — the contents of the Preamble. The Preamble secures Justice, Liberty (of thought, expression, belief), Equality and Fraternity, but never 'economic liberty' as a separate objective, mirroring this item's test of what the Preamble does and does not do.

UPSC_2020_GS1_Q82020Open & attempt →

Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? 1. Preamble 2. Directive Principles of State Policy 3. Fundamental Duties

(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer(d) 1, 2 and 3

Same theme — the character and role of the Preamble alongside the Directive Principles and Fundamental Duties, the constitutional parts whose status this NDA item probes.

Practice

practice — not a real PYQ
The words 'Socialist' and 'Secular' were added to the Preamble of the Constitution by which amendment?
- (a)1st Amendment (1951)
- (b)42nd Amendment (1976)
- (c)44th Amendment (1978)
- (d)52nd Amendment (1985)
Answer(b) 42nd Amendment (1976) — it also added the word 'Integrity'.
practice — not a real PYQ
Which case held that the Preamble is a part of the Constitution of India?
- (a)Berubari Union (1960)
- (b)Golaknath (1967)
- (c)Kesavananda Bharati (1973)
- (d)Minerva Mills (1980)
Answer(c) Kesavananda Bharati (1973) — revising the earlier Berubari view that it was not part of the Constitution.