Tag: preamble of the indian constitution

Questions Related to preamble of the indian constitution

In which case, it was held by the Supreme Court that 'Preamble is the basic structure of the Constitution of India?

  1. Golaknath case, (1967) 2 SCR 769

  2. Maneka Gandhi case, AIR 1978 SC 597

  3. Swarn Singh case, AIR 1989 SC 188

  4. Keshvananda Bharti case, AIR 1973 SC 1461


Correct Option: D
Explanation:

The Kesavananda Bharati judgment or His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. (case citation: (1973) 4 SCC 225) is a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Constitution.

The provision in respect of Comptroller and Auditor-General of India are provided under which of the following Articles  of Constitution?

  1. Article 148 to Article 151

  2. Article 145 to Article 148

  3. Article 140 to Article 145

  4. Article 135 to Article 139


Correct Option: A
Explanation:

The Constitution of India provides for an independent office of the Comptroller and Auditor General of India (CAG). Article 148 to Article 151 are the provisions in respect of CAG. He is the head of the Indian Audit and Accounts Department. He is the guardian of the public purse and controls the entire financial system of the country at both the levels- the Centre and the State. 

Which of the following is correct statement in D.C. Wadhwa v. State of Bihar _____________________.

  1. President is entitled to promulgate ordinances during the recess of the Parliament

  2. Colourable re-promulgation of ordinances in unconstitutional

  3. Article 123 of Constitution empowers the President to issue successive ordinances

  4. Governor's power of re- issuances of ordinances cannot be questioned in Court of law


Correct Option: B
Explanation:

The case of D.C. Wadhwa v. the State of Bihar is a fine example of the abuse of Ordinance-making power. In this case, the Bihar Governor promulgated 256 Ordinances and all of them were kept alive for period ranging from 1-14 years by re-promulgation from time to time. Out of 256, 69 were re-promulgated several times with the prior permission of the President. The Court, in this case, held that the colorable re-promulgation of ordinances is unconstitutional, as it amounts to fraud on the Constitution. 

In keshvananda Bharti's case justice Sikri had tried to tabulate the basic feature of the Constitution, they are:
(i)  supremacy of the Constitution
(ii) republican and democratic form of Government
(iii) secular character of the Constitution
(iv) separation of power.

  1. (i), (iii)

  2. (i), (ii)

  3. (ii), (iv)

  4. (i), (ii), (iii), (iv)


Correct Option: D
Explanation:

In Keshvananda Bharti's case the Supreme Court explained that Directive Principles and fundamental rights together belonged to the basic structure of the Constitution. However, the Court did not outline the basis of what constituted the basic structure of the Constitution but merely reserved for itself the right to pronounce what constituted the basic structure. Justice Sikri tried to tabulate the basic feature of the Constitution as the supremacy of the Constitution, republican and democratic form of government, secular character, separation of power and federal character.

Which one of the following is incorrect regarding the conditions of Governor's office as given in Article 158 of Constitution ____________________.

  1. The Governor shall not hold any office of profit

  2. the Governor must not be a member of either House of Parliament re State Legislature

  3. the emoluments and allowance if the Governor shall not be diminished during his tenure in the office

  4. the Governor shall be eligible to draw salary from all the States as full.


Correct Option: D
Explanation:
Article 158 provides for the condition to the Governor’s office. Among other things lister here it further says that the governor shall be entitled to such emoluments and allowances as Parliament may by law determine, and until provision in that behalf is so made, such emoluments, allowances, and privileges as are specified in the Second Schedule.
Where the same person is appointed as Governor of two or more States, the emoluments and allowances payable to the Governor shall be allocated among the States in such proportion as the President may by order determine.

What is the purpose of the Preamble in the Constitution?

  1. It is like an introduction to the constitution.

  2. It is not a part of the contents but it explains the purposes and objectives with which the Constitution has been written

  3. It provides the guidelines of the Constitution.

  4. All of the above.


Correct Option: D
Explanation:

  • The Preamble is an introduction to the Constitution which gives the insight or summary of the Constitution. The Indian judiciary has realised the significance of the preamble and declared it to be an integral part of the constitution. It contains the ideals and philosophy of the constitution.
  • The Preamble is like an introduction or preface of a book. As an introduction, it is not a part of the contents but it explains the purposes and objectives with which the document has been written. So is the case with the Preamble to the Indian Constitution. As such the Preamble provides the guidelines of the Constitution.
  • The Preamble, in brief, explains the objectives of the Constitution in two ways: one, about the structure of the governance and the other, about the ideals to be achieved in independent India. It is because of this, the Preamble is considered to be the key to the Constitution.

Which of the following statements is not true about the Preamble of the Indian Constitution?

  1. It contains the basic principles, values and essence of the Constitution

  2. It is a gist of values and principles of the Constitution.

  3. It is based on Nehru's Objectives Resolution

  4. It was added by the 42nd Amendment


Correct Option: D
Explanation:

Preamble is an introductory statement that states the source of authority, date of adoption, guiding principles, etc. Also, it specifies character and values like sovereign, socialist, secular, democratic, republic, justice, liberty, equality, Preamble is based on the Objectives resolution drafted and moved by jawaharlal Nehru in 1946. It was originally present in the Constitution and wasn't added through 42nd CAA.