UKPSC Prelims 2024 General Studies Paper-I · Question 41 of 147

Correct — A, The Preamble.

The Preamble states in one paragraph what the Constituent Assembly set out to build: a sovereign democratic republic securing justice, liberty, equality and fraternity to its people. It grew out of Nehru's Objectives Resolution, so it is the makers' own declaration of purpose.

The Supreme Court gave the stem its wording. In the Berubari Union case (1960) it said the Preamble shows the general purposes behind the several provisions of the Constitution and is thus a key to the minds of its makers.

The idea to carry away: the Preamble states the aims; Parts III, IV and IVA are instruments for reaching them. Rights, directives and duties are where those aims get worked out, but the makers' mind is read in the aims themselves.

• (b)
  The Fundamental Rights — Part III (Articles 12–35) lays down enforceable guarantees against the State; a person can move the Supreme Court under Article 32 to secure them. They are one instrument through which the Preamble's promise of liberty and equality is worked out, not the statement of that promise.

  This option is the right answer to a question on the justiciable part of the Constitution, enforceable under Article 32.

• (c)
  The Directive Principles of State Policy — Part IV (Articles 36–51) directs the State towards social and economic goals; Article 37 keeps them out of court enforcement while calling them fundamental in governance. Drawn from the Irish Constitution, they are a means of realising the Preamble's promise of justice, not the promise itself.

  This option is the right answer to a question on the non-justiciable directions to the State borrowed from Ireland.

• (d)
  The Fundamental Duties — Part IVA (Article 51A) was inserted by the 42nd Amendment in 1976 on the Swaran Singh Committee's recommendation, more than 25 years after the Constituent Assembly completed its work. It expresses the Parliament of 1976, which is why it cannot reflect the mind of the original makers.

  This option is the right answer to a question on the Part added on the Swaran Singh Committee's recommendation.

The Preamble is the opening statement of the Constitution. It names the source of authority (We, the People of India), the character of the state (sovereign, socialist, secular, democratic, republic), the objectives (justice, liberty, equality, fraternity) and the date of adoption (26 November 1949).

It is an aid to interpretation rather than a source of power: courts read an ambiguous provision in its light, but its words are not enforceable in court on their own.

• The Preamble is based on the Objectives Resolution moved by Jawaharlal Nehru on 13 December 1946 and adopted by the Constituent Assembly on 22 January 1947.
• In the Berubari Union case (1960) the Supreme Court called the Preamble a key to the minds of the makers, yet held it was not part of the Constitution.
• In Kesavananda Bharati (1973) the Supreme Court held the Preamble is part of the Constitution and can be amended subject to the basic structure.
• The Preamble has been amended once: the 42nd Amendment (1976) inserted the words Socialist, Secular and Integrity.
• The Preamble is non-justiciable; its provisions are not enforceable in a court of law.
• Fundamental Rights are Part III (Articles 12–35), Directive Principles Part IV (Articles 36–51), Fundamental Duties Part IVA (Article 51A).
• Fundamental Duties were added by the 42nd Amendment (1976) on the Swaran Singh Committee's recommendation; the 86th Amendment (2002) added the eleventh duty.
• Article 37 makes the Directive Principles non-enforceable by courts while declaring them fundamental in the governance of the country.
• Granville Austin described the Fundamental Rights and Directive Principles together as the conscience of the Constitution.

• Reading 'makers' as whoever put a Part into the Constitution: Fundamental Duties were inserted by Parliament in 1976, so they express the 42nd Amendment's Parliament, not the Constituent Assembly.
• Equating 'reflects the mind' with 'is enforceable': the Preamble is non-justiciable yet is the interpretive key; enforceability belongs to Part III and is a different property.
• Mixing up the two Preamble cases: Berubari (1960) supplies the 'key to the minds of the makers' phrase but held the Preamble outside the Constitution; Kesavananda (1973) placed it inside.
• Attaching Granville Austin's 'conscience of the Constitution' (Fundamental Rights plus Directive Principles together) to the Preamble, whose labels are 'soul', 'horoscope' and 'key'.

• practice — not a real PYQ

  Which of the following cases first held that the Preamble is a part of the Constitution of India?

  • (a)Berubari Union case (1960)
  • (b)Kesavananda Bharati case (1973)
  • (c)Minerva Mills case (1980)
  • (d)S.R. Bommai case (1994)
  Answerb — Kesavananda Bharati (1973) rejected the earlier view and held that the Preamble is part of the Constitution, amendable subject to the basic structure.

  Berubari (1960) called it a key to the makers' minds but held it was not part of the Constitution. Minerva Mills (1980) dealt with limits on the amending power and the balance between rights and directives.

  S.R. Bommai (1994) treated secularism as a basic feature while reviewing Article 356; it applied the Preamble's status rather than settling it.

• practice — not a real PYQ

  Which of the following words were added to the Preamble by the Constitution (42nd Amendment) Act, 1976?

  • (a)Sovereign and Democratic
  • (b)Socialist, Secular and Integrity
  • (c)Justice and Fraternity
  • (d)Republic and Liberty
  Answerb — the 42nd Amendment inserted 'Socialist' and 'Secular' into the description of the state and 'Integrity' into the fraternity clause; this is the Preamble's one amendment so far.

  'Sovereign', 'Democratic' and 'Republic' described the state in the original 1949 text. 'Justice', 'Liberty' and 'Fraternity' were among its original objectives.

• practice — not a real PYQ

  The Preamble to the Constitution of India is based on which of the following?

  • (a)The Objectives Resolution moved by Jawaharlal Nehru
  • (b)The Nehru Report of 1928
  • (c)The Government of India Act, 1935
  • (d)The Cabinet Mission Plan of 1946
  Answera — the Preamble was drafted from the Objectives Resolution that Nehru moved in the Constituent Assembly on 13 December 1946 and the Assembly adopted on 22 January 1947.

  The Nehru Report (1928) was the Motilal Nehru committee's draft constitution for dominion status. The Government of India Act, 1935 supplied much of the Constitution's administrative machinery. The Cabinet Mission Plan (1946) is the scheme under which the Constituent Assembly itself was constituted.

• practice — not a real PYQ

  The Fundamental Duties were incorporated in the Constitution of India on the recommendation of which committee?

  • (a)Swaran Singh Committee
  • (b)Sarkaria Commission
  • (c)Rajamannar Committee
  • (d)Santhanam Committee
  Answera — the Swaran Singh Committee (1976) recommended Fundamental Duties, and the 42nd Amendment inserted them as Part IVA the same year.

  The Sarkaria Commission (1983) examined Centre–State relations. The Rajamannar Committee (1969) was Tamil Nadu's inquiry into Centre–State relations. The Santhanam Committee (1962) dealt with prevention of corruption.