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INDIAN POLITY > 07. Preamble > Flashcards

07. Preamble Flashcards

1
Q

What is the meaning of the term “Preamble”?

A

The Preamble is the introduction or preface to a constitution. It outlines the fundamental purposes, values, and guiding principles on which the document and the nation it governs are founded.

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2
Q

What were the ultimate aims of the framers of the Indian Constitution?

A

Their goal was to establish a welfare state and an egalitarian society, reflecting the desires and goals of the Indian people.

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3
Q

List the five objectives outlined in the Preamble to the Indian Constitution.

A

Sovereign
Socialist
Secular
Democratic
Republic

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4
Q

What are the purposes, as laid out in the Preamble, that the Constitution aims to achieve?

A

Justice (social, economic, political)
Liberty (of thought, expression, belief, faith, and worship)
Equality (of status and opportunity)
Fraternity (assuring dignity of the individual and unity and integrity of the nation)

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5
Q

True or False: All constitutions in the world have a Preamble.

A

False. While many constitutions have a Preamble, there is no universal requirement or standard format for including one.

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6
Q

What was the inspiration for the Preamble of the Indian Constitution?

A

The Preamble is based on the “Objectives Resolution” presented by Pt. Jawaharlal Nehru in the Constituent Assembly.

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7
Q

What were the original three socio-political objectives included in the Objectives Resolution?

A

Sovereign
Republic
Independent

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8
Q

How did the Constituent Assembly modify the Objectives Resolution when creating the Preamble?

A

They replaced the word “independent” with “democratic,” resulting in India becoming a “Sovereign Democratic Republic.”

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9
Q

Which three words were added to the Preamble by the 42nd Amendment Act in 1976?

A

Socialist
Secular
Integrity

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10
Q

What is the meaning of ‘Fraternity’ as used in the Preamble, and where does this idea originate?

A

‘Fraternity’ means brotherhood or a feeling of love for fellow human beings.
The concept was borrowed from the French Revolution and incorporated into the Indian Constitution.

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11
Q

Besides being an introduction, what other purpose does the Preamble serve?

A

It gives insight into the minds of the Constitution’s framers and establishes their fundamental goals and ideas.

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12
Q

How do Preambles tend to vary between different countries’ Constitutions?

A

Preambles can differ in their specific form, what they contain (content), and how long they are (length).

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13
Q

Is the Preamble merely symbolic, or does it hold real importance?

A

While it doesn’t grant specific powers to the state, the Preamble is a part of the Constitution and enshrines the core values and aspirations upon which the nation is built.

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14
Q

What is the meaning of “egalitarianism” as it relates to the Preamble?

A

It refers to a society where social welfare is practiced, the government works for the benefit of all, and the Constitution prioritizes the needs of the less privileged.

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15
Q

True or False: The Preamble is considered a source of power for the government.

A

False. The Preamble outlines ideals and values; it does not directly grant specific powers to the state.

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16
Q

Does the Preamble directly give power to the government?

A

No, the Preamble does not give power. Instead, it outlines core principles and values that guide the government’s use of power.

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17
Q

What is the main function of the Preamble in relation to the rest of the Constitution?

A

The Preamble provides a direction and purpose for the Constitution as a whole, outlining the key goals it seeks to achieve.

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18
Q

Why is the Preamble considered to contain the fundamentals of the Constitution?

A

The Preamble embodies the basic values and guiding philosophy upon which the entire structure of the Constitution rests.

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19
Q

How does the Preamble of a Constitution relate to the Preamble often found in legislation (acts or laws)?

A

Both fulfill a similar purpose: to set out the central reasons behind and objectives of the document they introduce, whether on a grand scale (Constitution) or a specific one (legislation).

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20
Q

What was the initial ruling by the Supreme Court regarding the Preamble’s status within the Constitution?

A

Early cases (A.K Gopalan v. State Madras, Berubari Union Case) ruled that the Preamble was NOT a part of the Constitution and didn’t grant substantive power.

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21
Q

What landmark case changed the understanding of the Preamble’s role in the Constitution?

A

The Kesavananda Bharati Case (1973) declared the Preamble an important part of the Constitution and linked it to the unamendable “Basic Structure.”

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22
Q

Define the “Basic Structure” doctrine introduced in the Kesavananda Bharati Case.

A

The Basic Structure doctrine states that the fundamental principles and framework of the Constitution cannot be changed by amendment, safeguarding the core of the document.

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23
Q

What case further solidified the Preamble’s place within the Indian Constitution?

A

The Union Government vs LIC of India case (1995) reinforced the Preamble as part of the Constitution and emphasized its role in declaring rights, the source of the Constitution (the people), and the type of government.

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24
Q

Summarize the current understanding of the Preamble’s role in the Indian Constitution.

A

The Preamble is considered an integral part of the Constitution, embodies the “Basic Structure,” and serves as a guiding force for interpretation.

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25
Q

Can the Preamble be amended?

A

Yes, but only if the amendment does not violate the “Basic Structure” doctrine. The 42nd Amendment in 1976 is an example of an amendment that altered the Preamble.

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26
Q

Why is the Preamble considered a “key of interpretation”?

A

The Preamble helps to clarify the meaning and intent of ambiguous provisions within the Constitution. Courts often refer to its values and ideals when interpreting the law.

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27
Q

How does the Preamble relate to the concept of judicial review?

A

The Preamble, particularly its connection to the “Basic Structure,” gives the courts a framework for reviewing laws and ensuring they align with the founding values of the Constitution.

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28
Q

Has the Preamble of the Indian Constitution ever been amended?

A

Yes, the 42nd Amendment Act of 1976 added the terms “Socialist,” “Secular,” and “Integrity” to the Preamble.

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29
Q

What important principle did the Kesavananda Bharati v. State of Kerala case establish regarding the amendment of the Preamble?

A

The Supreme Court ruled that the Preamble is part of the Constitution and can be amended, BUT its “Basic Structure” (fundamental principles) cannot be changed.

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30
Q

Was there a recent attempt to amend the Preamble?

A

Yes, in 2021 a private member bill was introduced seeking to change the word “Socialist,” but it was never discussed.

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31
Q

What’s the difference between a “public bill” and a “private bill” in the Indian Parliament?

A

Public Bill: Introduced by a government minister.
Private Bill: Introduced by a Member of Parliament who is not a minister (often opposition MPs).

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32
Q

What is the basic definition of “sovereignty”?

A

Sovereignty means the independent authority of a state, free from the control of other states.

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33
Q

What are the two main aspects of sovereignty?

A

External Sovereignty: Independence in relation to other states in the international community.
Internal Sovereignty: The relationship between the state and individuals within its borders.

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34
Q

How does external sovereignty manifest for India?

A

India has the power to acquire or cede territory (within Constitutional limits) and conduct its foreign relations independently.

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35
Q

What is “Parliamentary Sovereignty”?

A

A system where the Parliament has absolute lawmaking power. It can make or change any law, and its laws cannot be challenged by any other authority.

36
Q

Name a country that follows the principle of Parliamentary Sovereignty.

A

The United Kingdom

37
Q

What are the three basic features of Parliamentary Sovereignty?

A

Parliament can modify any law.
No distinction between constitutional and regular law.
No higher authority can declare Parliament’s laws unconstitutional.

38
Q

What’s the fundamental difference between Constitutional Supremacy and Parliamentary Sovereignty?

A

Constitutional Supremacy: Lawmaking power is limited, with checks in place like the Constitution and judicial review.
Parliamentary Sovereignty: Parliament has absolute lawmaking power without such constraints.

39
Q

List two key restrictions placed on Parliament in a system of Constitutional Supremacy.

A

Adherence to the Constitution and its principles.
Judicial review, where courts can evaluate the constitutionality of laws.

40
Q

What are three core features of a system with Constitutional Supremacy?

A

A written, often rigid, Constitution.
Distinction between fundamental Constitutional laws and ordinary laws.
A body (usually the judiciary) empowered to review the constitutionality of laws.

41
Q

How does India balance Parliament’s power with the principle of Constitutional Supremacy?

A

India’s Constitution is supreme – Parliament cannot make laws that violate its core principles. This supremacy is upheld through judicial review.

42
Q

Was “Socialist” included in the original Indian Constitution?

A

No, it was added later by the 42nd Amendment Act in 1976.

43
Q

Why is there no precise definition of “Socialist” in the Constitution?

A

The term was meant to be flexible, emphasizing the goal of a better life and equality of opportunity rather than a strict economic model.

44
Q

How does Indian socialism differ from traditional Marxist socialism?

A

Indian socialism doesn’t advocate for complete state ownership of resources or the total elimination of private enterprise.
It operates as more of a “welfare model,” focusing on social equality.

45
Q

What kind of economic system does “Socialist” imply in the Indian context?

A

India follows a mixed economy. The government plays a role in providing public goods (e.g., education, healthcare), while some sectors are left to private enterprise.

46
Q

What was a practical step taken by India to implement a “Socialist” approach to its economy?

A

The nationalization of banks in 1969 was intended to give more access to loans and financial services to underprivileged sections of society.

47
Q

Who was Swaran Singh, and what did he clarify about the term “Socialist” in the Constitution?

A

Swaran Singh, a key figure in the 42nd Amendment, emphasized that “Socialist” embraced the idea of a mixed economy and was primarily about improving the lives of citizens.

48
Q

What were some of the specific aims of Indian socialism as envisioned in the Constitution?

A

Minimizing income inequality
Ensuring equal pay for equal work
Uplifting and protecting the interests of the poor and marginalized

49
Q

Has the term “Socialist” caused any controversy or debate within Indian politics?

A

Yes. Some argue it was added primarily for political purposes during the Emergency (1975-77). Others debate whether modern India has moved away from its socialist ideals.

50
Q

Name two major historical events that spurred the rise of state-centered economic models.

A

The influence of Karl Marx and the Bolshevik Revolution in Russia.
Mao Zedong’s policies in China.

51
Q

What are the core aims of a socialist state economic model?

A

Shared ownership of resources by the public (the state).
Centralized economic planning.
Emphasis on equitable distribution of goods and services.

52
Q

List four defining features of a socialist state economy.

A

State/public ownership of resources.
Planned economy, also called command economy.
Limited or absent market competition.
Restrictions on private property rights.

53
Q

What are different terms used interchangeably with “socialist state” when describing economic models?

A

State economy
Planned economy
Command economy

54
Q

Name two prominent historical examples of countries that implemented socialist state economies.

A

The USSR (Soviet Union)
Maoist China

55
Q

What is the primary difference in how socialism and communism view the ownership of resources?

A

In socialism, the state owns and controls the means of production. In communism, there is no state, and resources are owned communally by all members of society.

56
Q

Describe how resources are distributed under a socialist system.

A

Socialist systems distribute resources based on individual need. The goal is to provide for the well-being of citizens.

57
Q

How are resources distributed in a communist system?

A

In a communist system, resources are distributed equally among all members of society, regardless of individual need or contribution.

58
Q

Can you provide a brief example of a country that has implemented a socialist system?

A

Examples include countries like Denmark, Sweden, and Norway, which have strong social welfare programs and government intervention in the economy.

59
Q

True or False: Communism, in its purest theoretical form, has never been fully implemented by any country.

A

True. While countries have attempted communist revolutions, the ideal of a stateless, classless society with communal ownership has not been fully achieved.

60
Q

What is one key potential benefit of socialism regarding workers?

A

Socialism aims to prevent the exploitation of workers, ensuring they receive fair compensation and treatment in the workplace.

61
Q

How does socialism theoretically address the issue of poverty?

A

Socialism aims to eliminate poverty by redistributing resources to ensure everyone’s basic needs are met.

62
Q

What is a major criticism of socialism regarding individual motivation?

A

Critics argue that if everyone receives the same benefits regardless of effort, it removes the incentive to work hard, potentially harming productivity.

63
Q

Explain the term “red tapism” and how it relates to a potential drawback of socialism.

A

Red tapism refers to excessive bureaucracy and regulations. Critics worry a socialist system could lead to slow, inefficient decision-making due to increased government control.

64
Q

What is the guiding principle captured in the phrase “From each according to his ability, to each according to his needs”?

A

This principle is central to socialism, suggesting that individuals should contribute to society based on their abilities, while resources are distributed to ensure everyone’s needs are met.

65
Q

In D.S. Nakara v. Union of India (1982), what did the Supreme Court of India identify as a principal aim of a socialist state?

A

The Supreme Court held that a key objective of a socialist state is to reduce disparities in income, social status, and living standards.

66
Q

Describe two fundamental characteristics of a mixed economy.

A

A mixed economy features both state involvement and a competitive market.
It blends principles from both capitalism and socialism.

67
Q

What role does the government play in a mixed economy?

A

The government intervenes with regulations and taxation to guide the market while maintaining areas of social welfare.

68
Q

How does a mixed economy balance private and public interests?

A

A mixed economy allows for-profit enterprises in the private sector while also providing essential services through the state/public sector.

69
Q

What major historical event led to challenges for pure capitalism and spurred the rise of mixed economies?

A

The Great Depression (1929) exposed the weaknesses of purely free-market capitalist systems.

70
Q

Summarize the main criticism of Adam Smith’s “invisible hand” principle put forward by John Maynard Keynes.

A

Keynes argued that an unregulated free market could lead to economic inequality and suffering. He believed that a lack of balance between wages and consumer demand could cause economic downturns.

71
Q

List the key solutions proposed by Keynes to address economic crises.

A

Government intervention in the economy
Increased government spending
Lower interest rates to encourage borrowing and spending
Policies to boost overall demand and supply

72
Q

What is one key advantage of a mixed economy regarding economic freedom?

A

A mixed economy allows private businesses and entrepreneurs a degree of freedom to operate and pursue profits, unlike a fully planned economy.

73
Q

Describe a potential trade-off between government intervention and private sector freedom in a mixed economy.

A

While government regulation aims to protect consumers or ensure fairness, excessive control can hinder innovation and growth in the private sector.

74
Q

How does a mixed economy attempt to address social inequality?

A

A mixed economy often includes social welfare programs like healthcare, education, or unemployment benefits, designed to provide a safety net and reduce disparities.

75
Q

What is the fear of nationalization, and how does it relate to concerns about mixed economies?

A

The fear of nationalization is the concern that the government in a mixed economy could seize control of private industries. This raises worries about excessive state power and potential loss of economic freedom.

76
Q

Why might a public sector be seen as potentially inefficient within a mixed economy?

A

Critics argue that government-run enterprises might lack the profit motive that drives efficiency in the private sector. They could become burdened with bureaucracy or political influence.

77
Q

What is the original Latin root of the word ‘secular’, and what does it signify?

A

The word ‘secular’ comes from the Latin word ‘saeculum’, which means an indefinite or long period of time. It implies a focus on the present world.

78
Q

How does the development of secularism in India differ from its origins in the West?

A

In the West, secularism arose from a conflict between religious institutions (the Church) and the state. In India, secularism stemmed from a desire for fairness and equality among diverse religious communities, and a commitment to freedom of religion.

79
Q

What does Article 25 of the Indian Constitution guarantee, and how does this relate to secularism?

A

Article 25 guarantees the freedom to practice, profess, and propagate one’s religion. This is a core principle of secularism, ensuring religious liberty for all.

80
Q

Summarize the three key concepts that define secularism.

A

Separation of religious institutions from the state.
Freedom of religion or belief, including the right to change religion or have no religion.
Equality regardless of religious affiliation.

81
Q

What historical movement in Europe spurred the questioning of religious dominance and influenced the development of secularism?

A

The Renaissance, with its emphasis on scientific thinking and reason, challenged the Church’s authority and paved the way for secular ideas.

82
Q

Why was the word “secularism” added to the Indian Constitution in 1976?

A

The addition of “secularism” in the 42nd Amendment aimed to explicitly reinforce India’s commitment to religious pluralism and equal treatment of all religions.

83
Q

Explain the connection between the French Revolution and the development of secularism.

A

The French Revolution, driven by ideals of liberty, equality, and fraternity, challenged the monarchy’s entanglement with religion. This led to the concept of “laïcité” – a strict separation between the state and religion.

84
Q

How might secularism be seen as a way to protect religious freedom?

A

By separating religion from state power, secularism prevents any single religion from dominating the public sphere. This allows individuals to practice their faith freely without government interference or coercion.

85
Q

What are some potential challenges to upholding secularism in a diverse society?

A

Challenges may include:
Balancing religious freedom with the need to prevent discrimination or harm based on religion.
Addressing communal tensions or conflicts that arise from religious differences.
Ensuring that secularism does not become a tool to suppress minority religious expression.

INDIAN POLITY (40 decks)

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