Preamble & History — Set 5

Correct Answer: B. 42nd Amendment 1976

The 42nd Constitutional Amendment of 1976 added the words 'Integrity' to the Preamble. Before this amendment, the Preamble referred to 'the Unity of the Nation'. After 1976, it became 'the Unity and Integrity of the Nation'. This change was aimed at strengthening national integration.

Correct Answer: B. Article 253

Article 253 enables Parliament to make laws for the whole or any part of India for implementing international treaties, agreements, or conventions. This power is an exception to the normal federal division of powers as it allows Parliament to legislate even on State List subjects. Many important laws like the Wildlife Protection Act have been enacted using this Article. This power ensures India can fulfill its international obligations even when they touch on state subjects.

Correct Answer: B. 389

The Constituent Assembly of India originally had 389 members — 296 seats were to be filled by election from British India provinces, and 93 seats were reserved for representatives from princely states. After partition in 1947, the Pakistani representatives left, reducing the effective strength to 299 members. The Assembly had representatives from all provinces and communities.

Correct Answer: B. Enforce Article 17 and 23, and to prescribe punishment for Article 20 violations

Article 35 empowers Parliament to make laws for giving effect to specified Fundamental Rights. Parliament has power to legislate: on matters under Articles 16(3), 32(3), 33, 34 and to prescribe punishment for acts declared offences under Part III (particularly Articles 17, 23). Parliament alone has power to legislate on these matters, to the exclusion of state legislatures. This ensures uniform laws across India for protecting Fundamental Rights.

Correct Answer: C. You shall have the body

Habeas Corpus is a Latin phrase that literally means 'you shall have the body.' It is a writ issued by a court to a person detaining another, requiring the detainee to be brought before the court to examine the legality of detention. If the detention is found to be unlawful, the court orders release. The Habeas Corpus writ is considered the most important safeguard of personal liberty. In India, it can be issued by both the Supreme Court (Article 32) and High Courts (Article 226).

Correct Answer: A. USA

The Preamble to the Indian Constitution was largely influenced by the Preamble of the US Constitution, which also begins with 'We the People'. The US Preamble's format and style were followed. However, the content and specifics of the Indian Preamble — social, economic, and political justice — are uniquely Indian in their comprehensive articulation of goals.

Correct Answer: C. Command a public authority to perform its duty

Mandamus (Latin for 'we command') is a writ issued by a court ordering a public authority, government official, lower court, or tribunal to perform a duty that is mandatory in nature and which they have refused or failed to perform. It can be issued against government authorities, corporations, and even inferior courts. Unlike habeas corpus which protects personal liberty, mandamus is used to compel performance of public duties. It cannot be issued against the President or Governors of states.

Correct Answer: B. Right to Freedom of Speech and Expression

The Right to Information Act, 2005 gives practical effect to the fundamental right of freedom of speech and expression under Article 19(1)(a) of the Constitution. The Supreme Court had held in several cases that freedom of speech includes the right to receive information. The RTI Act enables citizens to obtain information from government authorities within 30 days. It has been described as a revolutionary instrument for promoting transparency and accountability in government.

Correct Answer: A. Article 19 (by implication)

Freedom of the press is not explicitly mentioned in the Indian Constitution but is implied within the freedom of speech and expression under Article 19(1)(a). The Supreme Court has held in several cases including Romesh Thapar vs State of Madras (1950) that freedom of press is an essential part of freedom of speech and expression. Restrictions on press freedom must meet the reasonable restrictions test under Article 19(2). This implies freedom of journalism and media.

Correct Answer: B. The Preamble is not a part of the Constitution

In the Berubari Union case (1960), the Supreme Court held that the Preamble is not a part of the Constitution and cannot be relied upon to extend or restrict the meaning of constitutional articles. This view was later overruled in the Kesavananda Bharati case (1973), where the Court held that the Preamble is an integral part of the Constitution. The judiciary plays a crucial role in upholding the Constitution and protecting citizens' fundamental rights.