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Indian Polity > Preamble > Flashcards

Preamble Flashcards

1
Q

What is the principle of the preamble?

A

It is a brief introductory statement that conveys the documents guiding principles

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2
Q

What is the essence of the preamble?

A

It provides a glimpse into the philosophy and goals of the Indian constitution

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3
Q

In the Constitution where is the preamble situated?

A

It is present right at the beginning of the constitution before the main part i.e. Part I

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4
Q

The concept of preamble is borrowed from which constitution

A

American constitution

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5
Q

Which document is known as the blueprint of the preamble?

A

The objective resolution of 1946

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6
Q

When was preamble enacted?

A
  • Preamble was returned towards the end of the session of constituent assembly debate on October 1949 after the rest of the Constitution was already enacted
  • however, objective resolution was accepted the beginning of the constituent assembly debate
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7
Q

The phrase “ we the people of India” signifies what in the preamble?

A

It affirms, the constitution deriving its authority from the people of India

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8
Q

According to preamble what is the nature of Indian states?

A

They are:
- Sovereign
- Socialist
- Secular
- Democratic
- Republic

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9
Q

What are the guiding principles for nations governance as per the preamble?

A

They are:
-Justice
-Liberty
-Equality
-Fraternity

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10
Q

The guiding principles of the preamble were inspired from which revolutions?

A
  • justice: Russian revolution
  • Liberty, equality and fraternity (French revolution)
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11
Q

According to the preamble, what is the adoption date of the Constitution, also known as the Constitution Day or Samvidhan diwas since 2015?

A

26 November 1949

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12
Q

Who can amend the preamble and with what type of majority?

A

The Parliament can amend
With simple majority

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13
Q

How many times has the preamble been amended, under which amendment act, when and what was changed?

A
  • only amended once
  • 42nd amendment act 1976
  • Added three words:
    Socialist
    Secular
    Integrity
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14
Q

What is meant by “sovereign” in the preamble?

A

India is neither a dependent nor dominion of any other nation but is an independent state, free to carry out its own internal and external affairs

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15
Q

Distinguish between external, internal and territorial sovereignty

A

External: India is completely independent and autonomous

Internal: Government will be directly elected by its citizens and create laws

Territorial: India has authority to make decisions regarding acquisition or relinquishment of foreign trade

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16
Q

What does the term socialist mean the Indian preamble?

A

According to Supreme Court of India, Indian socialism is to:
- Eliminate inequality of income and standards of life
- Provide a decent standard of life to working people
- End poverty and diseases

Indian socialism is a democratic socialism

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17
Q

Why was the term socialist absent from the preamble and when was it added?

A

It was absent as the founding fathers did not want the Constitution to be wedded to any political ideology

The term was added to the 42nd constitutional amendment in 1976

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18
Q

The principle of socialism is shown through what parts of the constitution?

A

Through certain directive principles of state policy

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19
Q

Is there a definition of the term socialist in the Constitution?

A

No

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20
Q

The Indian democratic socialism is considered to be a blend of which two socialism ideologies?

A

Marxism and Gandhian Socialism

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21
Q

Difference between Indian democratic socialism and communist socialism

A
  • Indian constitution does not seek to abolish private property altogether, but seeks to put it under restraints
  • It envisages a mixed economy where the private and public sectors grow parallely

Whereas communist socialism tries to nationalise all means of production and abolition of private property

22
Q

Is socialism a basic structure of constitution

A

No

23
Q

What is the meaning of the term secular in the preamble?

A

It means separation of religion and state, government is neutral towards all religion and does not promote or discriminate any religion

24
Q

What’s the term secular always a part of the preamble if not, when was it added

A

No, it was added to the 42nd amendment 1976

25
Q

Was secularism part of the basic structure of doctrine

A

Yes

26
Q

Differentiate between Indian secularism and western secularism

A

Western secularism embodies in negative concept of secularism that is strict separation between religion and state where is Indian secularism and is a positive concept of secularism with equal respect for all regions

Western secularism treats everyone with unified code of law, regardless religion in no public policy can be based on religion
Indian secularism however, takes into consideration religious boards, while dispersing justice and some public policies are also made on religious issues If there is a need

27
Q

What does democratic mean in the preamble?

A

A form of government which gets his authority from the will of people
It entitles, political, social and economical democracy

28
Q

What is the meaning of representative Parliamentary democracy of India?

A

Representative meaning the people of India choose their representatives to govern them
Parliamentary democracy means the executives are responsible to the legislature for all its policies and actions

29
Q

Differentiate between indirect and direct democracy

A

Indirect democracy: representatives, elected by people, exercise powers to carry on the government and make laws

Direct democracy: people exercise the supreme power directly through various methods, namely:
Referendum
Initiative
Recall
Plebiscite

30
Q

Give an example of a direct democracy

A

Switzerland

31
Q

Explain the referendum method in a direct democracy

A

It’s a procedure whereby a proposed legislation is referred to the electorate for settlement by their direct votes

32
Q

Explain the initiative method in a direct direct democracy

A

It’s a method by means of which the people can propose a bill to the legislature for enactment

33
Q

Explain the recall method in a direct democracy

A

It’s a method by means of which the voters can remove a representative or an officer before the expiry of term

34
Q

Explain the plebiscite method in a direct democracy

A

It’s a method where people directly vote for showing their opinion

35
Q

Explain the term Republic in the preamble

A

It specifies that the head of the state i.e. President, is always elected in India through an indirect election for a five year term

36
Q

Differentiate between monarchy and republic

A

Monarchy is when the head of the state is elected by rights of birth through succession

Republic is when the head of state is elected directly or indirectly for a fixed tenure by the public

37
Q

What are the core values of the nation as per the preamble and what is its other name?

A

The other name for the core values are the noble principles

Justice, liberty, equality, fraternity

38
Q

What are the three forms of justice the preamble promises?

A

Social, economic and political

39
Q

How are the justice ideals of the preamble protected through the Constitution?

A

Political justice is given through fundamental rights
Social and economical justice are given through DPSPs

40
Q

Are liberty in the preamble and fundamental rights in the Constitution and absolute or qualified features and why?

A

They are an qualified feature
Which means that these a citizen is qualified for these only if he does not intend to misuse it

41
Q

Mention the three types of equality that the preamble promises

A

Civic, political and economic equality

42
Q

What is meant by the term fraternity in the preamble?

A

It means a sense of brotherhood and support

43
Q

What parts of the Constitution promotes fraternity in preamble?

A

Single citizenship and fundamental duties
Article 51A briefly describes fraternity.

44
Q

In what three aspects does the preamble promise to maintain fraternity?

A

Dignity, unity and integrity

45
Q

According to Dr BR Ambedkar, what three principles are known as the Trinity

A

Liberty, equality and fraternity

46
Q

What is the Berubari Union Case in terms of the preamble when was it held and what was its outcome?

A

1960
-Preamble assist that interpretation of constitution and is not in part of the constitution
-hence preamble cannot be amended according to article 368

47
Q

What is the Keshavananda Bharti Case in terms of the preamble when was it held and what was its outcome?

A

1973
-Preamble is a part of the Constitution and hence can be amended
-It is non-justiceable and hence cannot be enforced in a court of law and has no legal effect independently

48
Q

What is the LIC of India case in terms of the preamble when was it held and what was its outcome?

A

1995
-Preamble is an integral part of the constitution
-Not directly enforceable in court of justice

49
Q

According to the present situation is preamble a part of the constitution

A
  • It is an integral part of the Indian constitution
50
Q

Is the preamble of USA and part of their Constitution, on which the Indian preamble is based?

A

No

Indian Polity (25 decks)

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