Preamble & History — Set 14

Correct Answer: A. Justice P.N. Bhagwati

Justice P.N. Bhagwati of the Supreme Court made the famous remark that the Preamble is the 'key to open the minds of the makers of the Constitution'. This remark emphasizes that the Preamble reveals the objectives and values that the Constitution-makers intended to achieve and can be used to interpret the Constitution in light of these objectives. Justice Bhagwati was also known for expanding the scope of fundamental rights through PIL (Public Interest Litigation).

Correct Answer: D. It cannot be used for constitutional interpretation

All the other options are correct statements about the Preamble. The Preamble IS used for constitutional interpretation — courts regularly refer to it to understand the intent of constitutional provisions. The Supreme Court in Kesavananda Bharati (1973) affirmed that the Preamble is part of the Constitution and can be used for interpretation. The incorrect statement is option D — the Preamble CAN and IS used for constitutional interpretation.

Correct Answer: B. 2 years, 11 months, 18 days

The Constituent Assembly of India took 2 years, 11 months, and 18 days to frame the Constitution. The Assembly first met on December 9, 1946 and the Constitution was adopted on November 26, 1949. It held 166 days of actual deliberations over 11 sessions. The Constitution came into force on January 26, 1950. The Constitution is one of the most comprehensive in the world, originally containing 395 articles, 8 schedules, and 22 parts.

Correct Answer: A. Nehru Report 1928

The Nehru Report (1928), prepared by Motilal Nehru as the Secretary, recommended that India should have a written constitution with a declaration of fundamental rights, parliamentary form of government, cabinet system, and dominion status. It was the first detailed blueprint for Indian governance by Indians. The report also proposed that English and Hindi should be official languages. Though the report was not implemented, it laid the groundwork for the Constitution-making process.

Correct Answer: A. True

The correct answer is True. India's Constitution is one of the most amended constitutions in the world. By 2024, it has been amended 106 times. The frequency of amendments is because India has many specific provisions that require constitutional amendments for policy changes (unlike the USA which has broad constitutional provisions and relies on legislation/judicial interpretation). India's Constitution is also written and rigid for most provisions, requiring formal amendment procedures.

Correct Answer: B. November 26

November 26 is celebrated as 'Constitution Day' (Samvidhan Diwas) in India, commemorating the day the Constituent Assembly adopted the Constitution in 1949. The celebration of November 26 as Constitution Day was introduced in 2015 to mark the 125th birth anniversary of Dr. B.R. Ambedkar. January 26 is celebrated as Republic Day (the day the Constitution came into force in 1950). December 9 is the day the Constituent Assembly first met.

Correct Answer: B. Articles 14-16

The 'Equality of status and of opportunity' mentioned in the Preamble is primarily given effect through Articles 14-16 of the Constitution: Article 14 — Right to equality before law and equal protection of laws; Article 15 — Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth; and Article 16 — Equality of opportunity in matters of public employment. These articles together implement the principle of equality mentioned in the Preamble. Understanding this constitutional provision is essential for competitive examinations and civic awareness.

Correct Answer: B. Article 13

Article 13 provides that all laws inconsistent with or in derogation of Fundamental Rights shall be void. It makes the Constitution the supreme law of the land. Pre-constitutional laws that are inconsistent with Fundamental Rights become void to the extent of inconsistency. Post-constitutional laws that violate Fundamental Rights are void ab initio (from the beginning). This constitutional supremacy is the basis of judicial review in India, which is part of the basic structure.

Correct Answer: B. Once

The Preamble of the Indian Constitution has been amended only once — by the 42nd Constitutional Amendment Act, 1976. This amendment added the words 'SOCIALIST', 'SECULAR', and 'INTEGRITY' to the Preamble. Originally, the Preamble described India as a 'Sovereign Democratic Republic' — after the amendment it became 'Sovereign Socialist Secular Democratic Republic'. The amendment also changed 'Unity of the Nation' to 'Unity and Integrity of the Nation'.

Correct Answer: B. Preamble is part of the Constitution and can be used for interpretation

In the Berubari Union case (1960), the Supreme Court held that the Preamble is NOT a part of the Constitution. However, in Kesavananda Bharati v. State of Kerala (1973), the Supreme Court overruled this and held that the Preamble IS a part of the Constitution and can be used to interpret ambiguous constitutional provisions. The Preamble cannot be used to override specific constitutional provisions but can aid in their interpretation. This is the current legal position.