Our Constitution and Its Preamble

The chapter then delves into the Indian Constitution’s genesis: the Constituent Assembly’s role in drafting it, the pivotal Objectives Resolution by Nehru setting national ideals, and Dr. B.R. Ambedkar’s leadership of the Drafting Committee. It notes the Constitution’s adoption on November 26, 1949, and its full enforcement on January 26, 1950 (Republic Day), a date chosen for its historical significance.

A significant portion is dedicated to the Preamble, presented as the Constitution’s philosophical essence. It deciphers key terms: “We, the People of India” (source of authority); Sovereign (independent); Socialist and Secular (values added by the 42nd Amendment, emphasizing equality and religious neutrality); Democratic (people’s rule); and Republic (elected head of state). Further, it explains the Preamble’s commitment to Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity), and Fraternity (promoting unity and individual dignity).

Finally, the chapter briefly touches on the Indian Constitution’s notable features, such as its being the world’s longest written constitution, establishing a parliamentary system, and enshrining fundamental rights and directive principles, all aimed at achieving social justice and a welfare state. In sum, it’s a concise guide to the Indian Constitution’s creation, core values, and guiding principles.

Exercises

Question 1.
What is meant by the term ‘Constitution’?
Ans:

A Constitution is essentially a nation’s foundational blueprint or supreme law. It’s a set of fundamental principles and established precedents that dictate how a state or organization is governed.

Think of it as:

• The Rulebook: It outlines the structure of the government, defining the powers and responsibilities of its various branches (like the legislative, executive, and judicial).
• A Guarantee of Rights: Crucially, it also specifies the rights and duties of its citizens, often protecting them from government overreach.
• Limiting Power: It serves to limit the power of those in authority, ensuring that governance operates within defined boundaries.
• Dynamic Framework: While foundational, it often includes mechanisms for amendment, allowing it to adapt to changing societal needs over time.

Question 2.

What is the ‘Rule of Law’ ?

Ans:

The Rule of Law is an essential tenet of modern governance, a foundational principle that establishes the accountability of all individuals, organizations, and governmental bodies to a shared legal framework. These laws must be publicly accessible, enforced without prejudice, and applied by an impartial judicial system. Moreover, this legal structure must align with fundamental human rights standards.

In essence, this principle can be broken down into a few core components:

• Universal Accountability: The law applies to everyone equally. No individual, regardless of their position or power, is exempt from its authority. Leaders and citizens alike operate under the same set of regulations.
• Legal Clarity and Consistency: They are not arbitrarily changed and are applied consistently across all cases. This predictability allows people to understand their rights and obligations.
• Independent and Fair Adjudication: The resolution of legal disputes is handled by a judicial system that operates independently from political influence. This ensures that legal judgments are based solely on the merits of a case and are delivered in a transparent manner.
• Protection of Fundamental Rights: At its heart, the rule of law serves as a safeguard for fundamental human rights. The legal framework is designed to protect citizens from arbitrary actions by the state and to ensure their liberties are upheld.

Question 3.

Why is our Constitution known as the ‘Fundamental Law of the Land’?

Ans:

Our Constitution is known as the ‘Fundamental Law of the Land’ because it stands as the supreme legal authority in the country.

Here’s why:

• Ultimate Source of Power: All other laws, rules, and government actions must derive their authority from, and be consistent with, the Constitution. No law can contradict its provisions.
• Foundation of Governance: It establishes the framework for how the government operates, defining its structure, powers, and limitations. 
• Guardian of Rights: It guarantees and protects the fundamental rights and freedoms of citizens, acting as a shield against potential government overreach. These rights are inherent and cannot be easily violated.
• Paramountcy: Courts have the power of judicial review to strike down laws that violate constitutional principles.
• Enduring Document: It is designed to be a stable and enduring document, providing continuity and stability to the nation’s governance, even as governments and leaders change. Amendments are possible but typically require a rigorous process, highlighting its foundational status.

Question 4.

Which body framed the Constitution of India?

Ans:

The Constituent Assembly of India.

Question 5.

Name three prominent members of the Constituent Assembly.

Ans:

Leading figures in the Constituent Assembly included:

Jawaharlal Nehru: He served as India’s inaugural Prime Minister and was pivotal in articulating the Constitution’s foundational vision and guiding tenets, notably the Objective Resolution, which later formed the Preamble.

Dr. B.R. Ambedkar: As the head of the Drafting Committee, he was the chief architect of the Indian Constitution, meticulously crafting its various articles and championing the causes of social justice, fundamental rights, and the eradication of untouchability.

Sardar Vallabhbhai Patel: Often referred to as the “Iron Man of India,” he played a crucial role in unifying the nation by integrating the numerous princely states into the Indian Union. He also presided over important committees, such as the Provincial Constitution Committee and the Advisory Committee on Fundamental Rights.

Question 6.

Who was elected as Interim President of the Constituent Assembly?

Ans:

Drawing inspiration from the French parliamentary custom of appointing the most senior member to guide initial proceedings, he presided over the Assembly’s very first session on December 9, 1946. His brief term concluded on December 11, 1946, upon the election of Dr. Rajendra Prasad as the permanent President.

Question 7.

Who was the permanent President of the Constituent Assembly?

Ans:

His election to this role took place on December 11, 1946, merely two days subsequent to the Assembly’s initial convocation, which had been under the temporary stewardship of Dr. Sachchidananda Sinha. Dr. Prasad’s leadership guided the Assembly through the intricate task of formulating the Indian Constitution, and he subsequently assumed the office of India’s inaugural President.

Question 8.

Who was the Chairman of the Constituent Assembly’s Drafting Committee?

Ans:

Dr. B.R. Ambedkar.

Question 9.

When was the Constitution of India enacted and adopted?

Ans:

Subsequently, it was brought into complete effect and became the supreme law of the land on January 26, 1950, a day now commemorated each year as Republic Day.

Question 10.

When did the Constitution of India come into force?

Ans:

India’s pivotal legal framework, the Constitution, officially came into effect on January 26, 1950. While the Constituent Assembly had formally approved the document on November 26, 1949—a date now commemorated as Constitution Day—the full enactment, which brought the majority of its provisions into force, was deliberately deferred. The decision to wait for January 26 was a symbolic one, chosen to honor the “Purna Swaraj” (complete self-governance) declaration that the Indian National Congress had made on the very same date in 1930.

Question 11.

What is the importance of January 26 in India’s struggle for Puma Swaraj (Complete Independence)?

Ans:

January 26th occupies a profound place in India’s journey towards Purna Swaraj, or full independence. 

The story begins in December 1929. At its Lahore session, presided over by Jawaharlal Nehru, the Indian National Congress passed a pivotal resolution. This resolution was a clear departure from previous demands for dominion status within the British Empire; it unequivocally called for Purna Swaraj – complete independence from British dominion.

Following this resolute declaration, the Congress urged the entire nation to observe January 26, 1930, as “Independence Day.” On this significant day, solemn pronouncements of Purna Swaraj resonated throughout the country. It fundamentally reoriented the national movement, shifting its focus from seeking mere concessions to demanding absolute, uncompromised freedom.

The selection of January 26, 1950, as the effective date for the Constitution of India – celebrated as Republic Day – was a deliberate act of homage to the 1930 Purna Swaraj declaration. This choice forged a potent link between the fervent aspiration for complete independence and the eventual establishment of a sovereign, democratic republic. While India achieved its actual independence on August 15, 1947, January 26th was already imprinted in the national memory as the day signifying an unyielding commitment to total self-governance.

Question 12.

Name any two prominent features of the Constitution of India.

Ans:

Here are two key characteristics of the Indian Constitution:

1. Exceptional Scope and Specificity: The Indian Constitution is globally distinctive for its considerable length and intricate detail. This comprehensiveness was a conscious choice, driven by India’s vast diversity—its numerous languages, cultures, and socio-economic realities. To manage such complexity effectively, the framers designed a single, unified document, unlike many federal systems that have separate state constitutions. This consolidated approach required the inclusion of not just overarching principles but also exhaustive administrative guidelines, ensuring clear governance across all levels. The outcome is a meticulously detailed text covering a wide spectrum of topics, from basic rights and guiding principles to electoral procedures and emergency powers.
   
2. Balanced Flexibility in Amendment: The Indian Constitution possesses a unique amendment mechanism that carefully navigates between being too rigid and too pliant. The drafters recognized the need for certain core principles to remain stable, safeguarding the nation’s fundamental character, while also allowing the document to adapt to societal shifts. As such, some provisions demand a “special majority” in Parliament, with critical federal aspects also requiring ratification by most state legislatures, making these changes relatively challenging. This entrenched process protects the Constitution’s essence. Conversely, other provisions can be altered via a “simple majority” in Parliament, similar to ordinary laws. This inherent adaptability permits easier adjustments and updates when minor revisions are needed, without compromising the document’s foundational structure or ethos. This judicious combination ensures both stability and necessary evolution.

Question 13.

What is meant by Universal Adult Franchise?

Ans:

Universal Adult Franchise, also known as universal suffrage, means that all adult citizens of a country have the right to vote in elections, regardless of their gender, race, religion, social status, wealth, or education.

It’s a fundamental principle of modern democracy, ensuring that every adult’s voice has equal weight in choosing their representatives and shaping their government.

Question 14.

What argument was given for lowering the voting age from 21 to 18 years in 1989 ?

Ans:

The primary argument for lowering the voting age from 21 to 18 in India in 1989 (via the 61st Constitutional Amendment Act, 1988) was based on the belief that the youth of the country were mature, literate, enlightened, and politically conscious enough to participate directly in the democratic process.

It was argued that providing 18-year-olds the right to vote would:

• Integrate them into the political process: Give the previously unrepresented youth an opportunity to express their views and be a part of decision-making.
• Reflect their maturity: Acknowledge that at 18, individuals are considered adults for many legal purposes (like entering contracts, driving, serving in the armed forces), and thus should also have the right to choose their representatives.
• Align with global trends: Many other countries had already set 18 as the voting age.

Question 15.

Define a Welfare State.

Ans:

A welfare state embodies a governance model where the government assumes a central role in safeguarding and advancing citizens’ economic and social welfare. This commitment typically manifests through extensive provisions for social security, healthcare, education, and various public services.

The fundamental principle is that the state bears the responsibility for guaranteeing a baseline living standard for all its populace. It establishes a protective framework against life’s inherent risks, such as joblessness, sickness, or aging, while actively working to diminish disparities. Key features often include universal accessibility to essential services, financed predominantly via taxation, all geared towards fostering a more equitable and robust societal structure.

Question 16.

Mention any two implications of a Democratic Government, as established by the Constitution of India.

Ans:

A democratic government, as enshrined in the Indian Constitution, has several significant implications:

1. Sovereignty of the People: The Constitution establishes that ultimate power rests with the citizens of India. This means that the government derives its authority from the consent of the governed, exercised through regular, free, and fair elections based on universal adult franchise (one person, one vote). Citizens have the right to choose their representatives and hold them accountable, fostering a system where the government is “of the people, by the people, and for the people.”
   
2. Protection of Fundamental Rights and Rule of Law: The Indian Constitution guarantees a set of Fundamental Rights to all citizens, such as freedom of speech, equality before the law, and the right to life and liberty. These rights act as limitations on government power, preventing it from becoming authoritarian. Furthermore, the principle of the ‘Rule of Law’ is a cornerstone, ensuring that everyone, including those in power, is subject to the law, and that justice is administered impartially by an independent judiciary.

Question 17.

What is the opposite of a Secular State? Name any one State that is not Secular.

Ans:

The opposite of a Secular State is typically a Theocratic State or a Religious State.

A secular state maintains neutrality towards all religions, meaning it doesn’t officially endorse or favor any particular religion, nor does it discriminate against any. Its laws and governance are independent of religious doctrine.

In contrast, a theocratic or religious state integrates religious law and principles into its governance. The state may officially recognize a specific religion as its own, and religious leaders or religious law can play a direct role in government and legal systems.

One state that is not secular is Iran. Its government is an Islamic republic, where religious law (Sharia) forms the basis of its legal system and religious leaders hold significant political power.

Question 18.

Mention any two features illustrating the nature of Indian Polity or State.

Ans:

India’s state character is defined by two key features:

1. A Sovereign, Socialist, Secular, Democratic Republic: This means India is an independent nation, free from outside control (Sovereign). It strives for socio-economic equality (Socialist). The state has no official religion and treats all faiths equally (Secular). Its government is chosen by the people through elections (Democratic). Finally, its head of state, the President, is elected, not a monarch (Republic).
   
2. A Federal System with a Unitary Tilt: India operates as a federation, dividing power between the central and state governments, with a clear written constitution outlining their respective domains and an independent judiciary. However, the central government holds considerable sway. This “unitary bias” is evident in the Union’s financial dominance, the ability to impose President’s Rule in states during emergencies, Parliament’s power to alter state borders, a unified judicial system, and centrally recruited All-India Services that serve in states.

Question 19.

Mention any two of the main objects (or ideals) of the Indian Republic as set forth in the Preamble to the Constitution.

Ans:

The foundational principles of the Indian Republic, as enshrined in its Constitution’s Preamble, can be distilled into two paramount ideals:

Justice: This multifaceted ideal ensures fairness across social, economic, and political spheres. Its aim is to dismantle discrimination and guarantee equitable treatment and access to opportunities for every citizen.

Liberty: This principle safeguards the freedom of thought, expression, belief, faith, and worship for all individuals. It empowers citizens to cultivate and articulate their perspectives unhindered, while operating within the established legal framework.

Question 20.

Mention what the Preamble says about ‘Equality’

Ans:

The Indian Constitution’s Preamble unequivocally commits to “Equality” for all citizens, specifically through the aspiration for:

“EQUALITY of status and of opportunity;”

This declaration illuminates two vital facets of equality the Constitution endeavors to embed:

Equality of Status: This principle dictates that no person or segment of society shall receive preferential treatment or face prejudice stemming from attributes such as caste, faith, ethnicity, gender, or birthplace. The objective is to dismantle social hierarchies, ensuring that every individual is accorded equivalent respect and worth.

Equality of Opportunity: This guarantee ensures that all citizens possess equitable and fair avenues for educational pursuits, professional engagement, and personal advancement, free from arbitrary hindrances or preconceptions. It implies the state’s responsibility to cultivate an environment where everyone can achieve their full capabilities, independent of their origins.

Question 21.

Mention what the Preamble states about ‘Fraternity’.

Ans:

The concept of ‘Fraternity’ in India’s Constitution, as outlined in its Preamble, signifies a profound commitment to fostering a collective spirit among all citizens. It goes beyond mere coexistence, aiming instead for a deep-seated sense of shared identity and kinship, irrespective of the myriad distinctions like caste, faith, language, or geographical origin that characterize the nation.

Essentially, it’s about nurturing an atmosphere where individuals coexist with mutual respect and understanding, thereby minimizing discord and strengthening a unified national consciousness. Importantly, this pursuit of brotherhood is intrinsically tied to upholding “the dignity of the individual.” This linkage ensures that the collective spirit is never achieved at the expense of personal rights or self-worth; rather, it’s meant to reinforce and safeguard the inherent dignity of every single person. Ultimately, this principle of fraternity is presented as an indispensable cornerstone for preserving both the cohesion and the territorial wholeness of India, acting as a vital force against any divisive tendencies.

Question 22.

Mention the words introduced in the Preamble by the Constitution Forty-second Amendment Act, 1976.

Ans:

SOCIALIST

SECULAR

INTEGRITY

Question 23.

What is the significance of the Preamble to the Constitution ?

Ans:

A Constitution’s Preamble is more than an introduction; it’s a nation’s foundational declaration. It succinctly captures the country’s core values, guiding philosophy, and aspirations.

Its significance lies in several key aspects:

Firstly, it proclaims the source of authority, typically “We, the People…”, emphasizing that legitimacy derives from citizens, not external powers. This establishes popular sovereignty.

Secondly, it defines the state’s character, clearly outlining its intended nature—for instance, India’s declaration as a “Sovereign Socialist Secular Democratic Republic,” each term reflecting core principles.

Thirdly, it articulates the nation’s objectives and goals, such as securing justice, liberty, equality, and fostering fraternity. These are the ideals the Constitution aims to achieve for its people.

Fourthly, it acts as a vital interpretive guide for courts. Though not directly enforceable, judges refer to the Preamble to understand the framers’ intent and underlying philosophy when interpreting ambiguous constitutional provisions, ensuring consistency with its spirit.

Finally, the Preamble embodies the Constitution’s essence, often described as its “soul.” It encapsulates historical aspirations, the struggles involved in its creation, and the future vision, serving as a moral compass for governance and a constant reminder of foundational values. It thus reflects the collective will to build a specific kind of society.

Question 24.

Is the Preamble a part of the Constitution ?

Ans:

The Preamble is, indeed, recognized as a part of the Indian Constitution.

Initially, its status was debated, notably in the 1960 Berubari Union Case, where the Supreme Court suggested it was not. However, this stance was decisively overturned in the seminal 1973 Kesavananda Bharati case, where the Court unequivocally declared the Preamble an integral element of the Constitution. This position was further reinforced in the 1995 LIC of India case.

Despite being an undeniable part of the Constitution, it’s crucial to understand that the Preamble itself cannot be directly enforced in a court of law. Its fundamental purpose is to encapsulate the Constitution’s foundational philosophy, aspirations, and goals, serving as an invaluable interpretive aid when other provisions require clarification.

Question 25.

What do we mean when we say that the Preamble is a part of the Constitution of India ?

Ans:

Firstly, its constitutional inclusion, established in the landmark 1973 Kesavananda Bharati case, transcends its introductory role, reversing the earlier Berubari Union ruling (1960).

Secondly, this status grants it considerable interpretive power. Though not directly enforceable, the Preamble acts as an essential guide for judges, illuminating the framers’ intent and the Constitution’s core spirit when provisions are unclear.

Thirdly, its amendability under Article 368 comes with a crucial caveat: the “Basic Structure Doctrine” from Kesavananda Bharati. This doctrine dictates that while the Preamble can be amended, its fundamental elements—like “Sovereign, Socialist, Secular, Democratic, Republic,” “Justice, Liberty, Equality, Fraternity”—form an unalterable core.

Ultimately, recognizing the Preamble as a constitutional “part” elevates it beyond a mere preface to a living declaration of national aspirations, guiding legal interpretation and safeguarding the foundational principles that define India’s supreme law.

Question 26.

The Preamble to the’Constitution describes India a Socialist State. What does the expression ‘Socialist’ mean here ?

Ans:

The term “Socialist” in India’s Constitution, added in 1976, doesn’t advocate for rigid state control. Instead, it embodies a democratic socialism focused on:

• Equity and Welfare: Ensuring a fairer distribution of wealth, reducing poverty, and actively providing essential services like healthcare and education.
• Mixed Economic Approach: Fostering a balance between public and private sectors, with the government guiding the economy to achieve social aims, not complete nationalization.

Question 27.

In what sense is India a Republic ?

Ans:

India stands as a Republic, distinguished by its elected, rather than hereditary, Head of State who serves a defined term.

Specifically:

The President of India, though largely fulfilling a ceremonial role, is chosen indirectly by an electoral college. This body consists of members from both parliamentary houses and the legislative assemblies of the states. This mechanism fundamentally differs from a monarchy, where leadership is inherited. The bedrock of India’s governance is the sovereignty of its people. As articulated in the Preamble—”We, the People of India… give to ourselves this Constitution”—all state authority originates from its citizens. This signifies that political power resides with the populace and is exercised through their chosen representatives. All citizens theoretically stand equal before the law, with open access to public office, free from discrimination based on birth or lineage.

STRUCTURED QUESTIONS 

Question 1.
How can you say that the Constituent Assembly of India represented all major and smaller communities of the country ? OR Briefly comment on the statement that the Constituent Assembly looked like a Mini-India.
Ans:

The Constituent Assembly of India, which drafted the Indian Constitution, is often described as a “Mini-India” because of its remarkably diverse composition that genuinely sought to represent the vast mosaic of communities across the subcontinent, not just major groups.

Here’s how it achieved this broad representation:

• Diverse Religious Representation: While Hindus formed the majority, the Assembly had significant representation from Muslims, Sikhs, Christians, Anglo-Indians, Parsis, and even tribal communities. This ensured that the interests and concerns of all major religious groups could be voiced and considered during the drafting process.
• Geographical Inclusivity: Members were drawn from all provinces and princely states, from Kashmir in the north to Travancore (now Kerala) in the south, and from Gujarat in the west to Assam in the east. This wide geographical spread brought regional specificities, cultural nuances, and varying developmental needs into the discussions.
• Varied Professional Backgrounds: The Assembly wasn’t dominated by a single profession. It comprised eminent lawyers (like B.R. Ambedkar, Alladi Krishnaswami Ayyar), doctors, educationists, economists, journalists, civil servants, and even some princely rulers. This mix of expertise enriched the debates with diverse perspectives on governance, law, and social welfare.
• Inclusion of Different Social Strata: Crucially, the Assembly included representatives from marginalized and underrepresented groups. There were members from Scheduled Castes (like B.R. Ambedkar, Jaipal Singh Munda representing tribals), ensuring that the concerns of historically disadvantaged communities were central to the discussions on fundamental rights and social justice.
• Presence of Women: While their numbers were smaller, the presence of 15 women members, including prominent figures like Sarojini Naidu, Hansa Mehta, and Durgabai Deshmukh, ensured that women’s perspectives on equality, education, and rights were articulated. This was particularly significant for a nation embarking on a democratic journey.
• Ideological Plurality (within nationalist consensus): While the Indian National Congress was the dominant party, there were members from other political affiliations and independent members. This allowed for a healthy range of ideological debates, ensuring that the Constitution was not merely the product of one political philosophy but a synthesis of various ideas.

Question 2.

Examine the salient features of the Constitution of India with reference to the following:

(a) Universal Adult Franchise

(b) Single Citizenship

Ans:

The Indian Constitution, ratified in 1949, inaugurated India as a democratic republic, distinguished by its embrace of Universal Adult Franchise and Single Citizenship.

(a) Universal Adult Franchise

Primarily codified in Article 326, this constitutional provision empowers every Indian citizen aged 18 or older with the right to cast their vote, subject only to explicitly defined disqualifications. India’s immediate adoption of universal suffrage upon its founding was a truly revolutionary step, markedly different from many established Western democracies that introduced voting rights in incremental stages over time. This clause meticulously guarantees voting equality for all, irrespective of an individual’s religion, ethnic background, social caste, gender, or financial status, thereby constituting the fundamental cornerstone of India’s representative governance. It unequivocally places the ultimate sovereignty in the hands of individual citizens, consistently contributing to robust voter participation rates and ensuring that governmental authority directly derives its legitimacy from the collective will of the populace.

(b) Single Citizenship

Elaborated in Part II (Articles 5-11) of the Constitution, the principle of single citizenship dictates that every individual holds citizenship solely with the Union of India, rather than simultaneously with a particular state. This framework was strategically crucial for cultivating national cohesion and integration across India’s immense diversity. Its primary objective is to mitigate tendencies towards regionalism by guaranteeing uniform rights and responsibilities for all citizens nationwide, irrespective of their state of birth or residence. This structure simplifies administrative processes and profoundly reinforces an overarching allegiance to the Indian Union, superseding any localized state-specific loyalties. Such an approach stands in deliberate contrast to federal systems found elsewhere, where dual citizenship (encompassing both national and state affiliations) might be a common feature.

Question 3.

Examine the salient features of the Constitution of India with reference to the following:

(a) India is a Welfare State

(b) India is a Secular State

(c) ‘Justice’ and ‘Liberty’ as the basic objects for which the Indian Republic exists. In this context explain the political dimensions of Justice.  

Ans:

The Indian Constitution establishes a unique governance framework anchored in core principles, ensuring a distinct character for the nation.

(a) India as a Welfare State

India’s dedication to functioning as a welfare state is primarily articulated in the Directive Principles of State Policy (Part IV) of its Constitution. These principles, while not directly enforceable by law, act as foundational guidelines for government actions aimed at enhancing citizen well-being. These directives steer state endeavors towards comprehensive socio-economic betterment for all, with particular attention to disadvantaged sections of society.

(b) India as a Secular State

India’s secular essence, formally integrated into the Preamble in 1976, was inherently present from the republic’s very beginning. Unlike conventional Western interpretations, Indian secularism—often referred to as “positive secularism” or “sarva dharma sambhava” (equal respect for all religions)—implies the state refrains from establishing an official religion and treats all faiths with impartiality. Fundamental rights reinforce this position: Article 14 guarantees equality before the law irrespective of religious affiliation; Article 15 prohibits discrimination based on religion; and Article 16 ensures equal opportunities in public employment. Articles 25-28 safeguard freedom of conscience, the right to practice one’s religion, and the right to manage religious institutions, concurrently prohibiting religious taxation and religious instruction in state-funded educational institutions.

(c) ‘Justice’ and ‘Liberty’ as Basic Objects and Political Dimensions of Justice

Justice strives for equity across all spheres: socially (eliminating discrimination based on factors like caste or creed), economically (equitable distribution of wealth and poverty reduction), and politically (equal participation in governance). Liberty guarantees individual freedom essential for personal growth, encompassing elements such as free speech and the right to choose one’s religion.

The Political Dimensions of Justice specifically focus on guaranteeing equitable participation within the political arena. This is maintained through:

• Equal Access to Public Office: All citizens are provided non-discriminatory opportunities to hold positions within the state apparatus.
• Non-discrimination in Political Participation: No citizen faces prejudice in political activities (e.g., forming associations, contesting elections) based on religion, race, caste, sex, or birthplace.
• Fair Representation: The system aims to ensure that all segments of society, including marginalized groups, have their voices acknowledged and interests considered in governance.
• Rule of Law: This foundational principle ensures that governmental decisions strictly adhere to established legal procedures, thereby preventing the arbitrary exercise of power.
• Independent Judiciary: This body functions as a guardian of the Constitution, ensuring that governmental authority remains within defined limits and providing avenues for redress against injustices.

ADDITIONAL QUESTIONS

Question 1.
What is meant by the term Constitution ?
Ans:

A country’s, or even an organization’s, constitution serves as its foundational legal framework. It’s the ultimate set of rules and guiding principles dictating how that entity functions and is managed.

Consider it the essential design for a system. It lays out:

• Governmental Structure: It details the various components of governance (like the law-making body, the executive branch, and the courts), their specific authorities, and how they interact.
• Boundaries of Power: The constitution explicitly states what the governing body is permitted to do, and crucially, what it is not. This frequently involves mechanisms to prevent any single part or person from accumulating excessive power.
• Citizen’s Freedoms and Obligations: Typically, it lists the basic rights and liberties individuals are entitled to, occasionally also outlining their duties towards the state.
• Legislative and Amendment Processes: It establishes the methods for creating new laws and for altering the constitution itself, ensuring both consistency and adaptability.

Question 2.

On the basis of which plan was the Constituent Assembly constituted ?

Ans:

Cabinet Mission Plan of 1946.

Question 3.

What is known as the ‘Objectives Resolution’?

Ans:

On December 13, 1946, Jawaharlal Nehru presented the ‘Objectives Resolution’ to India’s Constituent Assembly. This landmark document articulated the fundamental vision and guiding tenets for the forthcoming Constitution of an independent India.

It essentially proclaimed India’s resolve to be:

• An autonomous, sovereign republic.
• A protector of minorities, as well as historically disadvantaged and tribal communities, through adequate safeguards.
• A guardian of its territorial integrity and its inherent rights over land, sea, and air.
• A contributor to global peace and human welfare.

Question 4.

By whom and when was the Objective Resolution proposed and passed ?

Ans:

Based on your request, I have prepared a unique and plagiarism-free version of the text you provided.

Proposed by Pandit Jawaharlal Nehru on December 13, 1946, during the initial session of India’s Constituent Assembly, the Objective Resolution was a landmark proposal. 

Question 5.

Who was appointed as the Chairman of the Drafting Committee of the Constituent ?

Ans:

Dr. B. R. Ambedkar.

Question 6.

When was the Constitution adopted and passed ? When did it come into force ?

Ans:

India’s foundational legal document, the Constitution, was formally adopted and passed by the Constituent Assembly on November 26, 1949. However, its full implementation and official commencement occurred on January 26, 1950. This significant date is now commemorated annually across the nation as Republic Day.

Question 7.

State the significance of January 26.

Ans:

The date of January 26 holds a deep historical and cultural resonance for several nations, particularly two:

India: Republic Day Annually, India commemorates January 26 as Republic Day. This pivotal event solidified India’s transition from a British Dominion into a fully sovereign, socialist, secular, and democratic republic. The selection of January 26 was intentional, paying homage to the “Purna Swaraj” (complete self-rule) declaration issued by the Indian National Congress on January 26, 1930, asserting independence from British dominion. Republic Day is a public holiday celebrated with elaborate parades in New Delhi, highlighting India’s military prowess and rich cultural tapestry.

Australia: Australia Day In Australia, January 26 is observed as Australia Day. While many Australians celebrate this as a national occasion, it is a day of deep contemplation and sorrow for numerous Indigenous Australians. They often refer to it as “Invasion Day” or “Survival Day,” recognizing it as the dawn of colonization and its immense repercussions on their ancestral ways of life.

Beyond these two primary national observances, January 26 has also been the stage for other significant historical occurrences:

• 1926: John Logie Baird presented the first public demonstration of television technology.
• 2001: A devastating earthquake struck Gujarat, India, leading to extensive destruction and significant loss of life.

Question 8.

What is known as the Preamble ? What is the importance of the opening words of the Preamble ?

Ans:

The Preamble to the Indian Constitution begins with the powerful phrase, “WE, THE PEOPLE OF INDIA…” These words are incredibly significant for several key reasons:

Source of Authority

They immediately establish popular sovereignty, meaning the people of India are the ultimate source of all governmental power. The Constitution isn’t imposed; it’s a creation of the people themselves, for themselves.

Democratic Foundation

This opening line forms the bedrock of India’s democratic framework. It emphasizes that power rests with the citizens, and the government is accountable to them, embodying the principle of governance “of the people, by the people, for the people.”

Self-Governance and Legitimacy

“We, the People” signifies India’s commitment to self-governance and self-determination, reflecting the collective will of a nation shaping its own destiny after gaining independence. This collective consent also grants the entire Constitution its legitimacy and validity, making it the binding law of the land.

Setting Aspirations

Finally, this declaration sets the stage for the rest of the Preamble, which outlines the nation’s aspirations for justice, liberty, equality, and fraternity. 

Question 9.

How is the Indian Republic different from that of the USA?

Ans:

Here’s a concise, unique summary of the fundamental differences between the Indian and US democratic republican systems:

While both India and the USA are democratic republics, their operational blueprints diverge significantly. India adopts a parliamentary system, where the Prime Minister (head of government) and cabinet are drawn from and accountable to the legislature, with a largely ceremonial President as head of state. In contrast, the USA employs a presidential system, featuring a President who is both head of state and government, independently elected, and upholding a strict separation of powers among executive, legislative, and judicial branches.

Regarding federalism, India operates a quasi-federal system with a strong central government and no right to secession for states, often described as having a “unitary bias.” The US, conversely, has a more rigid federal system, granting substantial autonomy and clearly delineated powers to its states.

In terms of citizenship, India adheres to single citizenship, meaning all individuals are citizens of India uniformly. The USA, however, permits dual citizenship (federal and state, and potentially with another nation).

Finally, their judicial structures differ: India maintains a unified judicial system with the Supreme Court at its pinnacle, ensuring legal consistency nationwide. The USA, on the other hand, operates a federal judicial system, where each state has its own constitution and supreme court, existing alongside the federal court system.

Question 10.

Explain the significance of the term ‘Sovereign’.

Ans:

The term ‘Sovereign’ denotes ultimate, independent authority. For a state, this means:

• Internal Control: It holds the highest power to govern within its borders, making and enforcing laws for everyone and every organization without any domestic superior.
• External Freedom: It operates free from outside interference, managing its international relations and affairs autonomously, recognized as an equal among other nations.

Question 11.

Why was the word ‘SECULAR’, incorporated in the Preamble ?

Ans:

The word ‘SECULAR’ was incorporated into the Preamble of the Indian Constitution by the 42nd Amendment Act in 1976, during the Emergency period under Prime Minister Indira Gandhi.

The 42nd Amendment made this implicit principle explicit. The primary reason for its inclusion was to reaffirm India’s commitment to religious neutrality and equality for all faiths. It underscored that the state would treat all religions equally, without favoring any particular one as the state religion, and would not interfere with individual freedom of belief, practice, and propagation of religion.

Essentially, it solidified India’s unique model of secularism, where the state maintains a principled distance from all religions while ensuring equal respect and protection for every religious community.

Question 12.

Explain the significance of the term ‘DEMOCRATIC’ in the Preamble.

Ans:

The term ‘DEMOCRATIC’ in the Preamble of the Indian Constitution signifies that India is a government of the people, by the people, and for the people.

In essence, it means:

• Popular Sovereignty: The ultimate power and authority rest with the citizens of India.
• Accountable Government: The government is responsible and answerable to the elected representatives of the people, who in turn represent the people.
• Rule of Law: Everyone, including those in power, is subject to the law, ensuring equality and justice.
• Political, Social, and Economic Democracy: It encompasses not just the right to vote and participate in political processes, but also aims for equality and justice in social and economic spheres, reducing disparities and promoting welfare for all.

Question 13.

What is meant by the term ‘JUSTICE’ as an ideal of the Indian Constitution ?

Ans:

In the context of the Indian Constitution, “Justice” is a fundamental ideal enshrined in its Preamble and woven throughout its provisions. It’s not merely about legal fairness, but a much broader concept encompassing:

1. Social Justice: This aims to eliminate discrimination and inequalities based on caste, religion, race, sex, or place of birth. It seeks to ensure that every individual has equal social opportunities for development, striving to uplift historically disadvantaged and marginalized sections of society through measures like reservations.
   
2. Economic Justice: This focuses on preventing discrimination based on economic factors. It strives for the equitable distribution of wealth and resources, ensuring that everyone has an equal opportunity to earn a livelihood and that economic disparities are reduced.
   
3. Political Justice: This guarantees equal political rights to all citizens, meaning equal access to all public offices and an equal voice in governance, without any discrimination. It ensures that everyone can participate in the democratic process fairly.

Question 14.

Give two examples to indicate that the Preamble to the Constitution has ensured political justice for all.

Ans:

The Preamble to the Indian Constitution secures political justice for all citizens through two fundamental tenets:

1. Universal Suffrage: By establishing India as a “Democratic Republic” where “We, the People” hold ultimate authority, the Preamble implicitly guarantees the right to vote for all adult citizens, regardless of their background. This ensures every individual has an equal say in governance.
   
2. Equitable Opportunity in Public Service: The Preamble’s pledge of “Equality of status and of opportunity” extends to the political arena, ensuring that all citizens can contest elections and hold public office without discrimination.

Question 15.

Mention any two features indicating the significance of the Preamble.

Ans:

1. Philosophical Foundation & Guiding Principles: The Preamble encapsulates the fundamental values and philosophy upon which the entire constitution is built.
2. Source of Authority & Nature of the State: It explicitly declares the “People of India” as the ultimate source of the constitution’s authority, emphasizing the democratic nature of the polity. Furthermore, it defines the state’s character (e.g., sovereign, socialist, secular, democratic, republic), clarifying the type of government and society the constitution aims to establish.

Question 16.

Why did the Muslims League boycott the meetings of the Constituent Assembly ?

Ans:

The Muslim League boycotted the meetings of the Constituent Assembly primarily due to its unwavering demand for a separate sovereign state of Pakistan. This decision stemmed from a combination of political and ideological factors:

Rejection of the Cabinet Mission Plan’s interpretation: While the Cabinet Mission Plan initially proposed a three-tier structure that aimed to keep India united while accommodating Muslim-majority areas, the Muslim League had its own interpretation of the plan as a step toward a separate Pakistan. As the political situation evolved after the Constituent Assembly elections, the League grew to believe that the Congress was not genuinely committed to the spirit of the plan, and that it would ultimately lead to a Hindu-dominated united India.

Fear of Hindu domination: The Muslim League was deeply concerned that within a united India, the Hindu majority would dominate the political process, and the rights and interests of Muslims would not be adequately protected. 

Question 17.

Who represented the Anglo-Indians in the Constituent Assembly ?

Ans:

The Anglo-Indian community was represented in the Constituent Assembly primarily by two key figures: Frank Anthony and Stanley Henry Prater.

Frank Anthony was a highly influential leader within the Anglo-Indian community. He was instrumental in advocating for their rights and was responsible for ensuring that special provisions for the community were included in the Indian Constitution.

Question 18.

Give two objectives of the Indian Republic as set forth in the constitution of India.

Ans:

The Indian Constitution’s Preamble establishes two fundamental objectives: Justice and Liberty. It promises social, economic, and political justice for all citizens, striving to eliminate discrimination and ensure equitable opportunities and entitlements. Concurrently, it guarantees liberty of thought, expression, belief, faith, and worship, safeguarding individual autonomy and fostering a diverse and vibrant society free from state interference.

Question 19.

What is one main strength of the Indian Constitution ?

Ans:

One main strength of the Indian Constitution is its unique blend of rigidity and flexibility.

It’s not so rigid that it cannot adapt to changing societal needs, and not so flexible that it can be easily manipulated or lose its foundational principles. This balance is achieved through various amendment procedures, allowing for both minor adjustments and significant overhauls when necessary, while safeguarding its core values (the “Basic Structure Doctrine”). This adaptability has allowed the Constitution to remain relevant and a living document for over 75 years, despite India’s immense diversity and evolving challenges.

Question 20.

Why is our Constitution known as the ‘Fundamental Law of the Land’?

Ans:

The Constitution is termed the ‘Fundamental Law of the Land’ because it stands as the paramount legal document, the ultimate source from which all other laws gain their legitimacy. It establishes the foundational structure of governance, delineating the powers and responsibilities of the legislative, executive, and judicial branches, while also safeguarding the rights and duties of citizens. Consequently, any law contradicting the Constitution’s provisions can be invalidated, making it the supreme legal authority underpinning the entire legal and political framework.

Question 21.

Which body framed the Constitution of India?

Ans:

The Constituent Assembly of India was the body responsible for crafting the nation’s Constitution.

Formed in 1946 in accordance with the British Cabinet Mission Plan, this assembly undertook the monumental task of formulating and ultimately adopting the Constitution for an independent India. While numerous individuals played a part in this colossal undertaking, the Drafting Committee.

Question 22.

Name the three prominent members of the Constituent Assembly.

Ans:

Three prominent members of the Constituent Assembly, each playing a crucial role in shaping India’s Constitution, were:

1. Dr. B.R. Ambedkar: Widely recognized as the “Chief Architect of the Indian Constitution,” he chaired the vital Drafting Committee. His profound legal knowledge and commitment to social justice were instrumental in formulating the final document.
   
2. Jawaharlal Nehru: He moved the historic “Objectives Resolution” which laid down the philosophical foundations and guiding principles for the Constitution, eventually becoming the Preamble.
   
3. Sardar Vallabhbhai Patel: A towering figure in the Indian freedom struggle, Patel served as the Chairman of the Provincial Constitution Committee and the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas.

Question 23.

Who was elected as Interim President of the Constituent Assembly?

Ans:

Dr. Sachchidananda Sinha served as the provisional president of the Constituent Assembly of India, a position he held for only a short time beginning on December 9, 1946. His selection was based on the French custom of choosing the most senior member of the assembly to act as the temporary president. His tenure concluded two days later, on December 11, 1946.

Question 24.

Who was the permanent President of the Constituent Assembly?

Ans:

Dr. Rajendra Prasad served as the permanent President of the Constituent Assembly of India.

Initially, Dr. Sachchidananda Sinha assumed the role of interim President for the Assembly’s nascent period. However, on December 11, 1946, Dr. Rajendra Prasad was elected to the presidential office, a position he held steadfastly until the Constitution was officially adopted. His leadership in the Constituent Assembly paved the way for his eventual election as the first President of independent India.

Question 25.

Who was the Chairman of the Constituent Assembly’s Drafting Committee?

Ans:

His legal knowledge and commitment to the project were crucial, leading to him being recognized as the chief architect of the document.

Key Contributions to the Constitution 

Ambedkar’s influence extended beyond his formal role. He was a strong advocate for social justice, and his ideas are evident in the Constitution’s clauses on equality, fundamental rights, and safeguards for marginalized groups. He also championed a parliamentary government, a unified judicial system, and a single, unified nation, all of which became part of the final constitutional text. His efforts ensured the Constitution served as a vehicle for societal and economic change, not just a political framework.

Question 26.

When was the Constitution of India enacted and adopted?

Ans:

The journey to formalizing India’s Constitution reached its twin peaks on two significant dates.

On November 26, 1949, the Constituent Assembly officially adopted the Constitution of India. This marked the successful conclusion of the extensive drafting process, and the document received the Assembly’s final approval. Crucially, certain vital provisions, such as those pertaining to citizenship, elections, and the provisional parliament, were put into immediate effect from this day.

Following this, on January 26, 1950, the entire Indian Constitution was enacted and fully implemented. This historic day, celebrated annually as Republic Day in India, signified the nation’s profound transition into a sovereign, socialist, secular, and democratic republic. With its full enforcement, the new Constitution replaced the Government of India Act of 1935 as the supreme law governing the land. The choice of January 26 was a deliberate and symbolic one, chosen to commemorate the “Purna Swaraj” (complete independence) declaration made by the Indian National Congress on that very date in 1930.

Question 27.

When did the Constitution of India come into force?

Ans:

While it was adopted by the Constituent Assembly on November 26, 1949 (a day now celebrated as Constitution Day or Samvidhan Divas), the decision to bring it into full effect on January 26 was a deliberate one. This date held significant historical resonance, as it was on January 26, 1930, that the Indian National Congress had declared “Purna Swaraj” (complete independence) from British rule. By commencing the Constitution on this day, India officially transitioned into a sovereign, socialist, secular, and democratic republic, and the date is celebrated annually as Republic Day.

Question 28.

What is the importance of January 26 in India’s struggle for Puma Swaraj (Complete Independence)?

Ans:

January 26th is a crucial date in India’s history because it marks the day the “Purna Swaraj” (Complete Self-Rule) declaration was made, a pivotal moment that redefined the independence movement. 

The Declaration of Purna Swaraj

The Purna Swaraj Declaration of January 26, 1930, was a direct outcome of the Indian National Congress’s resolution passed in December 1929. By declaring this day as “Independence Day,” the Congress officially shifted its goal from achieving dominion status within the British Empire to demanding absolute independence. This act was a powerful form of resistance and a symbolic declaration of sovereignty before the actual independence in 1947.

This proclamation injected new vitality and purpose into the freedom struggle, uniting a broad spectrum of the population behind the singular objective of complete liberation from British rule. It moved the conversation from seeking mere concessions to demanding fundamental rights and self-determination.

Republic Day Connection 🇮🇳

The deep symbolic importance of January 26, 1930, is the reason it was chosen for the official promulgation of the Constitution of India. This decision created a lasting link between the nation’s founding as a republic and the initial, courageous assertion of its right to total independence.

Question 29.

What do you understand by the term ‘Preamble’ to the Constitution?

Ans:

The Preamble acts as the soul of the Indian Constitution, a succinct articulation of its core values and objectives.

It powerfully opens with “WE, THE PEOPLE OF INDIA…”, underscoring that the Constitution’s authority stems directly from its populace, thereby affirming popular sovereignty.

The Preamble proceeds to define India as a “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC.” This denotes an independent nation (Sovereign), dedicated to socio-economic equity (Socialist, incorporated by the 42nd Amendment), maintaining religious neutrality and respect for all faiths (Secular, also a 42nd Amendment addition). It further establishes a government by the people (Democratic) and an elected head of state (Republic).

Question 30.

What do the words “We, the People of India” in the Preamble signify?

Ans:

“We, the People of India” in the Preamble signifies that the ultimate authority and sovereignty of the Indian Constitution rest with the people of India themselves.

It underscores that the Constitution is not imposed by any external power or ruling elite, but rather is a document adopted, enacted, and given to themselves by the citizens, reflecting their collective will and democratic spirit. It establishes the principle of popular sovereignty, meaning the government derives its legitimate power from the consent of the governed.

Question 31.

Preamble to the Constitution describes India as a Sovereign State. What do you understand by the term ‘Sovereign’?

Ans:

When the Preamble to the Constitution describes India as a ‘Sovereign’ State, it conveys a profound meaning about the nature of India’s existence and its relationship with other entities.

Essentially, ‘Sovereign’ implies that India is:

• Independent and Self-Governing: India is not subject to the control, authority, or influence of any other external power or country. It has achieved complete independence from foreign rule and has the inherent right to govern itself in all matters, both internal and external.
• Supreme Authority within its Territory: Within its defined geographical boundaries, India possesses the ultimate and supreme legal authority. This means that its laws, government, and institutions are paramount, and no other domestic or foreign entity can dictate or overrule its decisions.
• Free to Conduct its Own Affairs: As a sovereign nation, India has the absolute freedom to determine its own domestic policies, laws, and governance structures without any external interference. Similarly, in its foreign relations, India is free to formulate its own foreign policy, enter into treaties, and engage with other nations on an equal footing, without being a dependency or a dominion.

Question 32.

Mention any two implications of a Democratic government, as promised by the Preamble to the Constitution?

Ans:

The Preamble to the Constitution of India promises to constitute India into a “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC.” Focusing on the “Democratic” aspect, here are two significant implications:

1. Sovereignty of the People and Representation: A democratic government, as promised by the Preamble, fundamentally implies that the ultimate power and authority reside with the people. This is primarily realized through universal adult franchise (the right of every adult citizen to vote) and periodic free and fair elections. Citizens elect their representatives to various legislative bodies (Parliament at the Centre and State Legislatures), who then form the government. This ensures that the government is not self-appointed or hereditary, but is accountable to the populace. The people have the power to change their government if they are dissatisfied with its performance, thereby ensuring responsiveness and legitimacy in governance.
   
2. Protection of Fundamental Rights and Rule of Law: A democratic system, as envisioned by the Indian Constitution, is intrinsically linked to the protection of individual liberties and the establishment of the rule of law. The Constitution guarantees fundamental rights to its citizens (such as freedom of speech and expression, equality before the law, and freedom of religion). These rights act as limitations on the power of the government, preventing it from becoming authoritarian. This implies an independent judiciary that can interpret the Constitution and safeguard citizens’ rights against any arbitrary actions by the state.

Question 33.

Mention any two steps taken by the Indian Republic in pursuance of its socialist objectives.

Ans:

The Indian Republic’s socialist pursuit of reducing socio-economic disparities focused on two main strategies:

1. State Control of Key Sectors: Post-independence, India nationalized crucial industries like banking, insurance, coal, and heavy industries. This aimed to concentrate economic power in the state’s hands rather than private entities, directing resources towards national development and inclusive growth (e.g., nationalization of banks to boost credit for agriculture and small industries).
   
2. Agrarian Reforms: To address rural inequality, the government implemented comprehensive land reforms. This included abolishing the exploitative Zamindari system, imposing land ceilings to limit individual ownership, and redistributing surplus land to landless and small farmers. The goal was to achieve a more equitable distribution of agricultural land and empower the rural poor.

Question 34.

The Constitution of India stands for a Secular State. What does ‘Secularism’ mean?

Ans:

In the context of the Indian Constitution, ‘Secularism’ means that the State maintains a principled distance from all religions, treating them with equal respect and non-discrimination, rather than having an official state religion or favoring any particular faith.

Here’s a breakdown of what that entails in the Indian context:

• No State Religion: India does not have an official religion. The government cannot promote or patronize any one religion.
• Equal Respect for All Religions (Sarva Dharma Samabhava): This is a key distinguishing feature of Indian secularism. Instead of a strict separation (as often seen in Western models), the Indian state acknowledges the existence and importance of all religions and strives to foster an environment of harmony and equal treatment among them.
• Freedom of Religion: Every individual in India is free to profess, practice, and propagate their religion of choice, or to not follow any religion, without fear of state interference or discrimination.
• Non-discrimination: The state cannot discriminate against any citizen on the basis of their religion in matters of public employment, access to public places, or any other aspect of life.
• State Intervention for Reform: Unlike some Western concepts of secularism, the Indian state can intervene in religious affairs to ensure social justice and reform, particularly if certain religious practices violate fundamental rights or perpetuate social evils (e.g., banning untouchability, intervening in matters of personal law to ensure equality). This is often termed as “principled distance” rather than complete separation.
• Support for Religious Institutions (with neutrality): While the state doesn’t have an official religion, it can provide support to religious institutions for secular purposes (e.g., maintaining historical sites, facilitating pilgrimages) as long as this support is provided equally to all religious communities and doesn’t amount to promoting one over others.

Question 35.

What is the opposite of a Secular State? Name any one State that is not Secular.

Ans:

The antithesis of a Secular State is generally recognized as a Theocratic or Religious State.

In a Secular State, the government maintains impartiality concerning religious affairs, refrains from officially endorsing or favoring any specific religion, and guarantees equitable freedom for all faiths and for those with no religious affiliation. Legislation in such a state is founded on civic principles rather than religious dogma.

Conversely, in a Theocratic (or Religious) State, religious authorities wield political power, and the state’s legal framework is derived directly from religious texts and doctrines. The predominant religion frequently influences or dictates numerous facets of both public and private life.

An illustrative example of a non-secular state (i.e., a Theocratic or Religious State) is:

Vatican City: This stands as perhaps the most distinct instance of a true theocracy. Consequently, all laws and governmental functions within Vatican City are intrinsically linked to the tenets and customs of the Catholic Church.

Question 36.

Mention any two features illustrating the nature of Indian Polity or State.

Ans:

India’s political framework presents a distinctive fusion of federal and unitary features, often characterized as “quasi-federal.” This unique structure incorporates federal attributes such as a clear division of powers, a codified constitution, and an autonomous judiciary. Nevertheless, it exhibits a pronounced unitary bias through a robust central government, a singular citizenship, and the appointment of State Governors by the center, all designed to safeguard national cohesion.

• Socialist: The nation strives for socio-economic equity and fair allocation of resources, pursuing these goals via a mixed economic system.
• Secular: India maintains impartiality towards all faiths, upholding religious freedom without endorsing any state religion.
• Democratic: Governance is rooted in the will of the populace, expressed through universal adult suffrage and unhindered elections.
• Republic: The head of state, the President, is chosen through an indirect electoral process, ensuring that all public offices are accessible to every citizen.

Question 37.

Mention any two of the main objects (or ideals) of the Indian Republic as set forth in the Preamble to the Constitution.

Ans:

The Preamble to the Indian Constitution serves as a succinct articulation of the nation’s core ideals and aspirations. Among its most significant declarations are the principles of Justice and Liberty.

Justice: The Preamble unequivocally commits to ensuring Justice for all citizens, encompassing its social, economic, and political dimensions. This commitment mandates the state to actively work towards eliminating discrimination based on caste, religion, gender, or creed (social justice), striving for an equitable allocation of resources and opportunities (economic justice), and guaranteeing equal political rights and access to public office (political justice).

Liberty: Additionally, the Preamble guarantees every citizen the Liberty of thought, expression, belief, faith, and worship. This tenet embodies the individual’s freedom to cultivate their own opinions, voice them openly, and practice their chosen faith without undue interference, provided these liberties are exercised within sensible boundaries that safeguard public order and moral principles.

Question 38.

Mention what the Preamble says about ‘Equality’.

Ans:

The Preamble of the Indian Constitution unequivocally declares its dedication to ensuring ‘Equality’ for every citizen. It specifically commits to guaranteeing:

“EQUALITY of status and of opportunity;”

This particular phrase underscores two fundamental dimensions of equality that the Indian Constitution strives to uphold:

Equality of Status: This principle means that every person is to be regarded with inherent dignity and respect, free from any prejudice rooted in elements such as caste, belief, sex, faith, ethnicity, or social position. Its purpose is to dismantle societal stratifications and preferential treatments that generate social inequalities. 

Equality of Opportunity: This denotes that all citizens should possess an even chance to pursue their ambitions, cultivate their capabilities, and access governmental services and employment without encountering unjust obstacles or biases. The goal is to ensure a fair competitive environment, enabling everyone to advance and flourish.

Question 39.

Mention what the Preamble states about ‘Fraternity’.

Ans:

The Preamble to the Indian Constitution emphasizes the concept of “Fraternity,” which aims to foster a feeling of brotherhood and solidarity among all Indian citizens. This principle is fundamental for two main reasons: promoting individual dignity and ensuring national unity and integrity.

Upholding Individual Dignity

Fraternity champions the idea that every individual has inherent worth and deserves to be treated with respect. This principle acts as a guide for ensuring that people from all backgrounds—regardless of their caste, religion, language, or gender—are treated with equality and dignity. It encourages a societal ethos where mutual respect is the foundation of interpersonal relations.

🇮🇳 Fostering National Unity and Integrity

In a country as diverse as India, the spirit of fraternity is essential for maintaining a strong and unified nation. Its purpose is to overcome divisions caused by regional, communal, or linguistic differences. By promoting a sense of a shared identity and loyalty to the nation, fraternity helps to build a cohesive society. The inclusion of “integrity” in the 42nd Amendment of 1976 further reinforced the idea that India is an indivisible union.

Question 40.

Mention the words introduced in the Preamble by the Constitution Forty-second Amendment Act, 1976.

Ans:

The Constitution (Forty-second Amendment) Act of 1976, often dubbed the “Mini-Constitution” due to its sweeping alterations, significantly reshaped the Preamble of the Indian Constitution by introducing three key terms: Socialist, Secular, and Integrity.

This landmark amendment brought about two specific revisions to the Preamble:

These insertions mirrored the prevailing political and ideological stance of the then-government, aiming to further articulate the character of the Indian state and its unwavering commitment to these fundamental principles.

Question 41.

What is the significance of the Preamble to the Constitution?

Ans:

The Preamble to the Indian Constitution acts as its concise introduction, articulating the core philosophy, guiding principles, and fundamental goals of the entire document. Often referred to as the Constitution’s “soul” or “identity card,” it’s essential for grasping the supreme law’s essence.

It asserts that power originates from “WE, THE PEOPLE OF INDIA,” affirming a democratic foundation. It defines India as a Sovereign, Socialist, Secular, Democratic Republic: “Sovereign” denotes independence; “Socialist” (added by the 42nd Amendment) aims for socio-economic justice; “Secular” (also 42nd Amendment) ensures state neutrality towards religions; “Democratic” signifies governance by elected representatives; and “Republic” means an elected head of state.

The Preamble also outlines key objectives for citizens: Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity), and Fraternity (promoting unity and individual dignity).

While not directly enforceable, the Supreme Court considers the Preamble an integral part of the Constitution, serving as a crucial guide for interpretation, especially in ambiguous cases, and upholding the Constitution’s basic structure. Ultimately, it embodies the Constituent Assembly’s vision, acting as a moral compass for the nation’s ideals.

Question 42.

Is the Preamble a part of the Constitution?

Ans:

Our comprehension of this concept has been profoundly shaped by pivotal rulings from the Supreme Court of India:

Berubari Union Case (1960): In its initial stance, the Supreme Court determined that the Preamble was not an inherent component of the Constitution and, consequently, beyond the scope of amendment. Its purpose was then perceived solely as an interpretive tool for discerning the intentions of the Constitution’s framers.

Kesavananda Bharati Case (1973): This watershed verdict marked a significant shift, overturning the previous position. The Supreme Court declared the Preamble to be an intrinsic and inseparable part of the Constitution. Crucially, it also stipulated that while amendments to the Preamble are permissible, its fundamental “basic structure” remains inviolable and cannot be dismantled or abrogated. This “basic structure doctrine” has since been enshrined as a cornerstone principle within Indian constitutional jurisprudence.

LIC of India Case (1995): The Supreme Court reaffirmed its position, reiterating the Preamble’s status as an integral element of the Constitution. This ruling underscored the Preamble’s vital role as a guiding beacon for the interpretation of the Constitution’s various provisions.

Question 43.

What do we mean when we say that the Preamble is a part of the Constitution of India?

Ans:

This judgment affirmed that:

• Philosophical Core: The Preamble is not merely an introduction but embodies the Constitution’s fundamental philosophy and guiding principles, forming part of its unamendable “Basic Structure.” While the Preamble can be amended, its core essence cannot be altered.
• Interpretive Aid: It serves as a vital guide for courts, helping them understand the original intent of constitutional provisions when their meaning is unclear.
• Popular Sovereignty: The phrase “We, the People of India” reinforces that the Constitution’s authority stems directly from the citizens, underscoring India’s democratic foundation.
• National Blueprint: It concisely outlines India’s identity as a Sovereign, Socialist, Secular, Democratic, Republic and sets forth the nation’s aspirations for Justice, Liberty, Equality, and Fraternity, providing a clear vision for governance.

Question 44.

The Preamble to the Constitution describes India a Socialist State. What does the expression ‘Socialist’ mean here?

Ans:

When India’s Preamble calls it a “Socialist State,” it refers to democratic socialism, not a communist model. This means achieving social and economic equality through democratic means, respecting individual rights within a mixed economy. The core aim is social and economic justice: reducing inequalities, ensuring equitable wealth distribution for the common good, and fostering a welfare state that provides essential services and opportunities for all, especially the marginalized. It rejects discrimination and advocates for both public and private sectors to operate with a focus on social welfare, preventing exploitation and monopolies.

Question 45.

In what sense is India a Republic?

Ans:

India’s fundamental character as a Republic stems from the fact that its head of state is an elected official, rather than a hereditary monarch. This stands in stark contrast to monarchical systems where the head of state typically assumes their position through inheritance, often for life.

Here’s what this republican nature signifies for India:

Elective Head of State: The defining feature of India as a Republic is that its President, who serves as the formal head of state, is indirectly elected for a set five-year term. This ensures that the nation’s highest office is accessible to any qualified citizen, irrespective of their birth or lineage.

Popular Sovereignty: The very essence of India’s republicanism is that ultimate authority rests with its populace. The Preamble to the Indian Constitution emphatically declares “We, the People of India,” underscoring that governmental power originates from its citizenry.

Absence of Dynastic Rule: Unlike nations with monarchies, India operates without a system of hereditary succession for its paramount political roles. This guarantees that leadership is determined by democratic choice, not by birthright.

Open Access to Public Office: In a republican framework, all public offices, including the most senior ones, are open to every citizen who fulfills the specified criteria. There are no inherent impediments based on social standing, caste, creed, or familial background.

Constitutional Governance and Rule of Law: A republic functions under the principle of the rule of law, codified in a written constitution. This constitution serves as the supreme legal document, delineating the government’s powers and limitations, and safeguarding the rights and liberties of its citizens. Decisions are made in accordance with established laws, not at the arbitrary discretion of any individual.

Democratic Framework: While “republic” and “democracy” are interconnected concepts, they are not interchangeable. India is a democratic republic, meaning that not only is its head of state elected, but the government itself is constituted by representatives chosen by the people through free and fair elections. This ensures broad public engagement in governance.

Structured Questions:

Question 1.
With reference to the making of Indian Constitution explain the following:
(a) When and how were the members of the Constituent Assembly elected ?
(b) How was the membership of the Constituent Assembly reduced as a result of partition of the country?
(c) How do you say that the Constituent Assembly gave adequate representation to all sections of the Indian Society?
Ans:

Here’s a concise, unique, and plagiarism-free explanation of the points regarding the making of the Indian Constitution:

(a) Election of Constituent Assembly Members: The Constituent Assembly members were chosen in July-August 1946 through an indirect electoral process. They were elected by the Provincial Legislative Assemblies, with seats allotted proportionally to population (approximately one per million people). Proportional representation with a single transferable vote was used within the Provincial Assemblies.

(b) Impact of Partition on Membership: The partition of India on August 15, 1947, significantly reduced the Constituent Assembly’s membership. The original strength of 389 members, comprising representatives from British Indian provinces, princely states, and Chief Commissioner’s provinces, was affected as regions forming Pakistan withdrew. Consequently, the Indian Constituent Assembly’s strength decreased to 299 members, with 229 from the remaining British Indian provinces and 70 from princely states that acceded to India.

(c) Comprehensive Representation in the Constituent Assembly: Despite the indirect election method, the Constituent Assembly demonstrated a commitment to broad societal representation. It included diverse political viewpoints, with members from the dominant Indian National Congress alongside minority parties. Specific religious communities (Muslims, Sikhs, Christians, Parsis, Anglo-Indians) had designated representation. Importantly, leaders from Scheduled Castes and Tribes participated, ensuring their concerns were addressed. Geographical diversity was evident through members from all regions. A notable 15 women members contributed significantly, and the Assembly benefited from a wide range of professional expertise, including lawyers, academics, and administrators. The eventual integration of representatives from princely states also broadened its representativeness.

Question 2.

With reference to the Objective Resolution explain the following:

(a) When was the Resolution passed by the Constituent Assembly ?

(b) What were the main points of the Objective Resolution?

(c) What did the Resolution propose ?

Ans:

The provided information on the Objective Resolution is summarized below, with a focus on its originality and historical significance.

Adoption and Purpose

This pivotal document was the ideological precursor to the Preamble of the Indian Constitution, outlining the fundamental vision and principles for a free and independent India.

Key Principles 🇮🇳

The resolution articulated several core tenets for the future nation:

• Sovereign Republic: It envisioned India as a fully independent and self-governing republic.
• Federal Structure: The resolution proposed a union of diverse territories, including former British provinces and princely states, with a decentralized structure where these units would have significant autonomy.
• Source of Authority: It clearly stated that the power and authority of the state would emanate directly from the people of India.
• Guaranteed Rights: It pledged to secure justice, equality, and fundamental freedoms—including speech, belief, and association—for all citizens.
• Protection of Vulnerable Groups: The resolution committed to providing safeguards for minorities, tribal communities, and other marginalized groups.
• National Integrity: It affirmed the nation’s resolve to maintain its territorial integrity and sovereign rights over its land, sea, and air.
• International Role: It expressed India’s aspiration to contribute actively to world peace and human welfare.

Philosophical Significance 

The Objective Resolution served as a philosophical blueprint for independent India, defining its aspirations and core values. It was a foundational text that articulated a commitment to social justice, the protection of vulnerable communities, and the promotion of international harmony. By encapsulating ideals such as justice, liberty, equality, and fraternity, it became the guiding spirit and the basis for the Preamble that would later be enshrined in the Indian Constitution.

Question 3.

With reference to commencement of the Constitution explain the following:

(a) The changes effected in the administration of the country with the commencement of the Constitution.

(b) The clause relating to citizenship was put into effect immediately after signing of the Constitution.

Ans:

Here’s a rephrased explanation of the points, aiming for uniqueness and avoiding plagiarism:

(a) Transformative Administrative Blueprint at Inception:

This seminal event transitioned India from its colonial past into a self-governing, socialist, secular, and democratic republic. This momentous shift brought forth several crucial institutional changes:

• Republican Foundation: India shed its colonial ties to the British monarchy, establishing its own head of state, the President, as the ultimate symbol of its complete sovereignty.
• Federal Architecture: A precisely delineated division of powers was instituted between the central (Union) government and the individual states, clearly defining their respective legislative, executive, and fiscal authorities.
• Entrenched Fundamental Rights: Citizens were endowed with a set of legally enforceable fundamental rights, providing a robust safeguard for individual liberties against potential governmental overreach.
• Autonomous Judiciary: An independent judicial system was put in place, vested with the power of judicial review to interpret the Constitution and uphold citizen entitlements.
• Universal Adult Suffrage: The right to vote was extended to all adult citizens, fundamentally empowering the populace within the democratic framework.
• Integration of Princely States: The Constitution provided the legal framework for the seamless amalgamation and eventual absorption of numerous princely territories, thereby forging a unified administrative and legal structure across the entirety of India.

Collectively, these transformations marked a definitive departure from a fragmented, colonial administrative model towards a unified, democratic, and citizen-centric system of governance.

(b) Immediate Impact of Citizenship Provisions:

While the bulk of the Indian Constitution became effective on January 26, 1950, certain crucial articles, particularly those concerning citizenship (Articles 5, 6, 7, 8, and 9), were brought into force immediately upon the Constitution’s adoption and signing on November 26, 1949.

The instant activation of these citizenship provisions was of paramount importance. In the tumultuous aftermath of the recent Partition of India and Pakistan, there was an urgent imperative to precisely define who would be considered a citizen of the newly formed Indian Republic. By promptly establishing clear criteria for citizenship, a potential vacuum regarding identity and belonging for the populace was averted. This immediate clarification facilitated governmental operations, legal processes, and was vital for the impending general elections, ensuring the nascent state could forthwith identify its citizens and grant them their rightful legal and political entitlements. Without these provisions taking effect without delay, the new nation would have encountered significant hurdles in stabilizing its population and administrative framework.

Question 4.

With reference to the Preamble of the Indian Constitution, answer the following:

(a) What became the basis of incorporating the Preamble in the Indian Constitution ?        

(b) Give the significance of  We the people’ in the Preamble.

(c) How have the objectives of the Indian Constitution been emphasised in the Preamble?

Ans:

Here are the answers, rephrased for uniqueness and conciseness:

(a) Basis of Preamble: The Preamble’s inclusion in the Indian Constitution stems directly from the Objectives Resolution. Moved by Jawaharlal Nehru on December 13, 1946, this resolution laid down the fundamental ideals and aspirations for an independent India, which the Preamble effectively encapsulates.

(b) Significance of ‘We the people’: It establishes that the Constitution is a manifestation of the collective will of the populace, not an external imposition, thereby highlighting the nation’s democratic essence.

(c) Emphasis of objectives: The Preamble underscores the Indian Constitution’s objectives through its commitment to Justice, Liberty, Equality, and Fraternity, ensuring fairness, freedoms, equal opportunity, and unity. 

5. With reference to the Preamble of the Indian Constitution, answer the following questions:

Question 5(a) .

Explain the significance of the Preamble.

Ans:

The Preamble to the Indian Constitution is an introductory statement that encapsulates the core values and objectives of the nation’s legal framework. It outlines the foundational philosophy and guiding principles upon which the Constitution is built.

Key Aspects of the Preamble

The Preamble serves several crucial functions:

• Source of Authority: It establishes that the ultimate authority of the Constitution lies with the people of India. The phrase “We, the people of India” signifies that the nation’s governance is based on the will of its citizens, affirming India’s democratic and sovereign character.
• Core Principles: The Preamble defines the nature of the Indian state by enshrining key principles. India is a sovereign nation, meaning it’s free from external control. It’s socialist, aiming for social and economic equity. It’s a democratic country, governed by the people. Lastly, it’s a republic, where the head of state is elected.
• Aid to Interpretation: While the Preamble itself isn’t legally enforceable, it is a vital tool for judicial interpretation. In cases where a constitutional provision is unclear, courts often refer to the Preamble to understand the original intent of the framers. It acts as a guide to the spirit and purpose of the Constitution.
• Reflection of Aspirations: It mirrors the hopes and ideals of the Indian people who fought for independence. The Preamble is a constant reminder of the national goals and aspirations for a just and equitable society.

Question 5(b) .

What is the significance of the words, ‘Sovereign Socialist Democratic Republic’ as given in the Preamble ?

Ans:

The Preamble to the Indian Constitution, through terms like “Sovereign Socialist Democratic Republic,” succinctly defines the nation’s character. “Socialist,” incorporated in 1976, highlights a commitment to democratic socialism, aiming for equitable distribution of wealth and welfare without total nationalization. “Democratic” signifies governance by the people, ensuring their participation through rights and elections. Lastly, “Republic” establishes an elected head of state, the President, making all public offices accessible to citizens and vesting ultimate power in the populace.

Question 6.

Explain the meaning following terms:

(a) Liberty

(b) Fraternity

(c) Equality.

Ans:

Here’s a concise and unique explanation of the terms:

(a) Liberty: Liberty denotes the unhindered capacity for individuals to conceptualize, articulate, and execute choices, free from unwarranted external coercion. This freedom is inherently bounded by the imperative not to encroach upon the legitimate rights or general welfare of others. It fundamentally encapsulates liberation from arbitrary dominion and the concurrent provision of avenues for an individual’s complete personal actualization.

(b) Fraternity: Fraternity encapsulates a collective ethos of kinship and mutual belonging among all members of a citizenry. It cultivates an atmosphere of cohesion, reciprocal esteem, and collective accountability, thereby championing solidarity and peaceful cohabitation within a societal framework, irrespective of inherent differences.

(c) Equality: Equality mandates the principle of uniform and unbiased treatment for all persons, guaranteeing equivalent prospects and standing, devoid of prejudice stemming from attributes such as lineage, belief system, sex, or societal position. Its core objective is to dismantle disparities and furnish every individual with an equitable chance to flourish.

Question 7.

How do you regard the Constitution of India as a real guide for the successive Governments in respect of the following:

(a) The Preamble

(b) Incorporation of Fundamental Rights and Directive Principles.

Ans:

The Constitution of India fundamentally shapes governance through its Preamble, Fundamental Rights, and Directive Principles, collectively establishing the nation’s core ideals and operational framework.

The Preamble acts as the Constitution’s essence, outlining India’s character as a Sovereign, Socialist, Secular, Democratic Republic. It guides governments to uphold national independence, promote equality, ensure religious neutrality, derive authority from the people, and maintain an elected head of state. Furthermore, it sets forth the objectives of Justice, Liberty, Equality, and Fraternity, serving as guiding principles for policymaking and aiding in constitutional interpretation.

Fundamental Rights (Part III) are legally enforceable limitations on state power, preventing governments from infringing upon individual freedoms. They establish boundaries for governmental action, safeguard personal liberty and dignity, advance social justice (e.g., through anti-discrimination provisions), and ensure government accountability via judicial review.

They provide aspirational goals for a welfare state, covering socio-economic justice, Gandhian ideals, and liberal-intellectual principles. DPSPs serve as a moral guide for policymakers and have directly inspired numerous laws and social programs, thereby complementing Fundamental Rights by providing affirmative directives for societal development.

Question 8.
How can you say that the Constituent Assembly of India represented all major and smaller communities of the country?

OR

Briefly comment on the statement that the Constituent Assembly looked like a Mini-India.

Ans:

The Constituent Assembly truly embodied a “Mini-India” despite being indirectly elected. Its members, drawn from nearly all provinces and princely states, represented India’s vast geographical, linguistic, and cultural tapestry. Significant representation was given to diverse religious groups (Hindus, Muslims, Sikhs, Christians, Parsis, Anglo-Indians) and various social strata, including Scheduled Castes, Scheduled Tribes, and backward classes, ensuring their voices were heard. The Assembly also showcased a broad ideological spectrum, encompassing liberals, socialists, Gandhians, and conservatives, fostering robust debate. Crucially, it included accomplished professionals, intellectuals, and 15 women members, enriching discussions with diverse expertise and perspectives on social justice and equality.

Question 9.

The Preamble to the Constitution declares India to be a Secular-Democratic Republic. In this context, answer the following questions:

(a) What does the expression ‘Secular’ mean here?

(b) Do you agree with the view that the Indian Constitution promises not only political and social democracy, but economic democracy as well?

Ans:

Here are the unique and plagiarism-free answers, in short:

(a) Meaning of ‘Secular’ in the Indian Constitution: ‘Secular’ in the Indian Constitution means the state maintains an impartial distance from all religions, neither endorsing nor favoring any. It guarantees equal respect and protection for all faiths, ensuring individual freedom to practice, profess, or not practice any religion without state interference. This embodies positive neutrality, treating all religions equally, and allowing state intervention only for social welfare and upholding fundamental rights. It ensures religious harmony within a diverse citizenry.

(b) Indian Constitution’s Promise of Economic Democracy: Yes, the Indian Constitution absolutely promises economic democracy in addition to political and social democracy. This is evident in:

• Directive Principles of State Policy (DPSP): These principles guide the state to achieve economic justice through provisions like ensuring adequate means of livelihood, equal pay, preventing wealth concentration, and guaranteeing rights to work and social assistance.
• Preamble: Explicitly lists “Justice – social, economic, and political” as a core objective.
• Enabling Framework: The Constitution provides the basis for legislative actions like land reforms (e.g., abolition of Zamindari) and the implementation of progressive taxation and welfare schemes aimed at reducing economic disparities and promoting equitable resource distribution. While not always directly enforceable, these principles are fundamental to governance, driving the state towards economic equality.

Question 10.

The Preamble states ‘Justice’ and ‘Liberty’ as the basic objects for which the Indian Republic exists. In this context explain the social, economic and political dimensions of Justice.

Ans:

The Preamble to the Indian Constitution artfully articulates “Justice” across three vital, interwoven facets:

Social Justice: This dimension strives to dismantle discriminatory practices and foster a society where every citizen enjoys parity, irrespective of their caste, belief system, skin color, faith, gender, or origin. Its objective is to eradicate societal imbalances, empower disadvantaged groups (such as Scheduled Castes, Scheduled Tribes, and Other Backward Classes), and guarantee equitable access to prospects and dignity for all. It champions the notion of a fair and equal playing field.

Economic Justice: This aspect centers on ensuring an equitable allocation of prosperity, assets, and chances to mitigate disparities in income and wealth.This encompasses tenets like equal remuneration for equivalent labor and strategies that bolster the financial well-being of all, particularly the vulnerable.

Political Justice: This guarantees comprehensive political entitlements to all citizens, encompassing the right to vote (universal adult suffrage), the prerogative to participate in elections, and impartial access to all public positions. It ensures a government that is both representative and answerable to its populace, where every opinion carries equal significance in the democratic process, independent of social or economic status.

Question 11.

Explain the following terms in the context of the Preamble to the Constitution:

(a) Liberty

(b) Equality

Ans:

The Preamble to India’s Constitution enshrines core values, notably “Liberty” and “Equality.”

Liberty signifies the freedom of individuals to think, express, believe, have faith, and worship without undue interference. This isn’t absolute, but operates within constitutional limits, safeguarding others’ rights. It specifically guarantees freedom of thought, expression, belief, faith, and worship, all further protected as Fundamental Rights in Part III of the Constitution, subject to reasonable restrictions for public order and security. 

Equality means the absence of special privileges and the provision of equal opportunities for all, free from discrimination based on caste, creed, religion, race, gender, or social status. It pledges “Equality of status,” meaning all citizens are equal before the law, and “Equality of opportunity,” ensuring everyone has an equal chance to pursue aspirations and access public services. This principle is deeply woven into the Constitution’s Fundamental Rights (Articles 14-18), which prohibit discrimination. While upholding formal equality, the Constitution also allows for affirmative action to uplift historically disadvantaged groups and achieve genuine equality of opportunity.

Question 12.

What is the significance of the Preamble to the Constitution?

Ans:

The Preamble to the Constitution of India is highly significant as it serves as a concise introductory statement encapsulating the entire document’s philosophy, core values, and objectives.

Essentially, it acts as a “mini-Constitution,” providing the guiding principles and aspirations that shape the nation’s governance and the rights and duties of its people. It’s often referred to as the “soul” or “identity card” of the Constitution, illuminating the framers’ vision and serving as a crucial aid in interpreting ambiguous constitutional provisions.

Question 13.

What do you know about the Composition of the Constituent Assembly which framed the Constitution of India?

Ans:

The Constituent Assembly, responsible for crafting India’s Constitution, was designed to be broadly representative. Initially, it comprised 389 members: 292 elected from British Indian Provinces, 93 nominated from Princely States, and 4 from Chief Commissioners’ Provinces. After the 1947 Partition, its strength reduced to 299. Members from British Indian Provinces were indirectly elected by provincial assemblies, while princely state representatives were nominated. The Assembly was diverse, including prominent political figures, legal experts, and 15 women, ensuring a wide range of perspectives were considered in the nation’s foundational document.