Preamble and Salient Features Questions and Answers

Answer: B

The Constitution came into force on 26 January 1950.

The Constituent Assembly adopted the Constitution on 26 November 1949, which is now observed as Constitution Day. A few provisions, such as those on citizenship and elections, took effect at once, but the Constitution as a whole commenced on 26 January 1950, chosen because the Congress had declared Purna Swaraj on 26 January 1930.

So 26 November 1949 is the date of adoption, not commencement. 26 January 1951 and 15 October 1949 have no such significance.

Answer: D

In India sovereignty lies with the people.

The Preamble begins with the words We, the People of India, and declares that the people gave the Constitution to themselves. The Constitution derives its authority from the people, and all organs of the State exercise power that the people have granted.

The Constitution itself is the supreme law but not the holder of sovereignty. The Supreme Court and the Parliament are bodies set up by the Constitution and act within its limits, which is why neither can be called sovereign, as Parliament is in Britain.

Answer: A

The Supreme Court held that the Preamble is not a part of the Constitution in the Berubari Union case (1960), so (A) is correct. Chief Justice Gajendragadkar's court said the Preamble is a key to the minds of the makers, but is not a source of powers. The question was later reopened. In Kesavananda Bharati (1973) the Court held that the Preamble is part of the Constitution, and the LIC of India case (1995) followed it. A.K. Gopalan in option (B) concerned preventive detention and Article 21. The Balaji case in option (C) concerned reservation. Minerva Mills in option (D) concerned the basic structure and the 42nd Amendment.

Answer: A

Social, economic and political justice is an idea enshrined in the Preamble to the Constitution of India, which promises to secure to all citizens “JUSTICE, social, economic and political”. It is not itself a guaranteed Fundamental Right, because the Fundamental Rights in Part III are specific enforceable guarantees such as equality and liberty. It is not a Directive Principle taken as such either, although Article 38 gives it a directive form, and the writs of the High Courts and Supreme Court are remedies, not the source of this justice. The Preamble also records the other aims, liberty of thought and expression, equality of status and opportunity, and fraternity, so it is the place where this triad is stated.