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Objectives of the Indian Constitution for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

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  • 16 Questions around this concept.

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The nation has recently gained independence from colonial rule and is drafting its constitution. The citizens are enthusiastic about establishing a government that safeguards their freedoms, protects their sovereignty, and fosters economic development.
What is the primary objective of a constitution in the following situation?

Situation: A nation has recently emerged from a period of civil war and conflict between various ethnic and religious groups. The government aims to establish a stable and inclusive society where all citizens are treated equally, irrespective of their ethnic or religious background.

Situation: Imagine you are planning a community event to celebrate the founding principles of the United States. You want to include elements that reflect the Preamble. Which of the following event ideas best aligns with the Preamble’s principles?

 

Read the following passage and answer the question.
The Preamble is an introductory statement to the Constitution of a country that outlines the fundamental principles and objectives of the governing document. In the case of India, the Preamble to the Indian Constitution serves as a guiding light for the interpretation and application of its provisions. It was adopted on 26th November 1949 and reflects the aspirations of the people of India.The Preamble starts with the famous words, "We, the people of India," emphasizing that the Indian Constitution derives its authority from the people. It goes on to proclaim that India is a sovereign, socialist, secular, and democratic republic, securing to all its citizens justice, liberty, equality, and fraternity.The term "sovereign" signifies India's independent status, free from any external control or domination. By declaring itself "socialist," the Preamble highlights the country's commitment to achieving social and economic justice and reducing inequalities. The term "secular" reflects India's policy of non-interference in matters of religion and ensures equal respect for all religions. The term "democratic" signifies that the power to govern is vested in the hands of the people, exercised through their elected representatives.Furthermore, the Preamble emphasizes the objective of securing justice, which includes social, economic, and political justice. It also refers to liberty, ensuring individual freedom and safeguarding the rights of all citizens. Equality, another crucial aspect, aims to eliminate any form of discrimination and provide equal opportunities to every individual. Lastly, fraternity emphasizes the need for harmony, unity, and a sense of brotherhood among the diverse people of India.The 42nd Amendment to the Indian Constitution was enacted in 1976 under the leadership of the then Prime Minister, Indira Gandhi. It brought significant changes to various aspects of the Constitution.One of the key changes introduced by the 42nd Amendment was the addition of three words to the Preamble - "socialist," "secular," and "integrity." These words were incorporated to explicitly emphasize the values and goals of the Indian state. By including "socialist," the Amendment aimed to reinforce the commitment of the Indian state to achieving socialism through democratic means. The term "secular" was added to highlight the principle of state neutrality towards religion and equal treatment of all religious communities. Additionally, "integrity" was included to emphasize the importance of maintaining the territorial integrity of India.The 42nd Amendment also introduced several changes to fundamental rights, making them subject to the principle of reasonable restrictions. It expanded the power of the executive and restricted judicial review. Several amendments were made to the distribution of powers between the central and state governments.Moreover, this amendment enhanced the powers of the Parliament by making certain provisions non-amendable. It also curtailed the power of the judiciary to review constitutional amendments. The 42nd Amendment brought about significant changes to the balance of power between different branches of the government, leading to debates and controversies over its constitutionality.In conclusion, the Preamble sets the tone and provides the foundation for the Indian Constitution, reflecting the ideals and aspirations of the people. The 42nd Amendment, on the other hand, brought about substantial changes to various aspects of the Constitution, including the Preamble itself, sparking significant debates and discussions regarding its impact on the democratic fabric of the nation.
Question :
 "The Preamble to the Indian Constitution serves as a guiding light for the interpretation and application of its provisions. It was adopted on 26th November 1949 and reflects the aspirations of the people of India." What does the term 'Fraternity' in the Preamble of the Indian Constitution imply?

 

A country is experiencing rapid technological advancements and globalization. The government aims to ensure that the legal framework provides citizens with the ability to adapt to these changes, protect their digital rights, and maintain national security.What is the primary objective of a constitution in the following situation?

 A nation has recently emerged from a period of civil war and conflict between various ethnic and religious groups. The government aims to establish a stable and inclusive society where all citizens are treated equally, irrespective of their ethnic or religious background.

Concepts Covered - 1

Objectives of the Indian Constitution

Introduction

  • The Preamble of the Indian Constitution serves as a guiding light, illuminating the fundamental values, principles, and objectives that the Constitution seeks to achieve. 
  • It is a concise yet powerful statement that reflects the collective aspirations of the people of India. 

Objectives of the Indian Constitution

  • Sovereignty: The Preamble begins with "We, the people of India," signifying that ultimate authority lies with the citizens. India is a sovereign nation, free from external interference.

Example: The Kesavananda Bharati case (1973) reinforced the principle of sovereignty when the Supreme Court ruled that the Parliament cannot alter the basic structure of the Constitution, as it would infringe upon the sovereignty of the Constitution itself.

  • Socialist: The term "socialist" was added to the Preamble by the 42nd Amendment Act in 1976, emphasizing the goal of achieving social and economic equality.

Example: Various policies and laws, such as the National Rural Employment Guarantee Act (NREGA) and the Right to Education Act (RTE), are in line with the socialist objective, aiming to reduce economic disparities.

  • Secular: India is a secular state, meaning it does not promote any particular religion and maintains an equal distance from all religions.

Example: The Supreme Court's landmark judgment in the S.R. Bommai case (1994) upheld the secularism principle when it invalidated the imposition of President's Rule in a state on the grounds of religious discrimination.

  • Democratic: India's commitment to democracy ensures that the power to govern rests with the people, who elect their representatives.

Example: In the case of Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the importance of democratic principles by stating that anti-defection laws promote democracy by curbing political defections.

  • Republic: India is a republic, where the head of state is an elected representative, not a hereditary monarch.

Example: The election of the President of India by an electoral college of elected representatives is a manifestation of the republicanism principle.

  • Justice: The Preamble emphasizes the need for social, economic, and political justice to ensure a fair and equitable society.

Example: The introduction of reservations for marginalized sections of society in education and government jobs aims to achieve social justice.

  • Liberty: Liberty guarantees individual freedoms, such as freedom of speech, expression, and movement.

Example: In the Maneka Gandhi case (1978), the Supreme Court expanded the scope of personal liberty, stating that the right to travel abroad is part of personal liberty unless restricted by law.

  • Equality: The Constitution strives to eliminate discrimination and promote equality among all citizens.

Example: The abolition of untouchability, as mandated by Article 17, is a significant step towards achieving equality.

  • Fraternity: Fraternity implies a sense of brotherhood and unity among all citizens, transcending barriers of caste, religion, or region.

Example: The 'One Nation, One Tax' concept introduced through the Goods and Services Tax (GST) fosters economic fraternity by creating a unified taxation system across states





 

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