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Constitutional foundations

Political Science / Civics

Useful for: UPSC Civil Services, OSSC RHT — Regular High School Teacher, OSEPA Upper Primary — Arts, OSSC Political Science, OSSSC Govt TGT Arts, SSB Lecturer (Degree Colleges), SSB TGT Arts

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Overview

The Preamble and the basic structure doctrine express the Constitution’s philosophy: a sovereign, socialist, secular, democratic republic securing justice, liberty, equality and fraternity.

Key points

The Objectives Resolution was moved by Jawaharlal Nehru on 13 December 1946 and became the basis of the Preamble.
The Preamble declares India sovereign, socialist, secular, democratic and a republic; "socialist", "secular" and "integrity" were added by the 42nd Amendment (1976).
Ideals of liberty, equality and fraternity draw on the French Revolution; social, economic and political justice reflects the Russian Revolution.
In Berubari (1960) the Supreme Court said the Preamble is not part of the Constitution; Kesavananda Bharati (1973) held that it is.
Kesavananda Bharati also laid down the basic structure doctrine: Parliament can amend but not destroy the Constitution’s basic features.
Secularism was held to be part of the basic structure in S. R. Bommai (1994).

Explanation

The Preamble is not enforceable in courts but guides interpretation.
Basic features named by courts include supremacy of the Constitution, judicial review, federalism, secularism, free and fair elections and rule of law.
LIC of India (1995) reaffirmed the Preamble as an integral part of the Constitution.
Indian secularism is "positive": the State keeps equal respect for all religions rather than strict separation.
"Republic" means the head of state is elected, not hereditary.

Step by step

Identify the concept, law or fact asked.
Recall the definition, formula, example or year.
Apply it and eliminate mismatched options.

Examples

Statement: "The Preamble was amended once, in 1976." → Correct (42nd Amendment).
Statement: "The Supreme Court has always held the Preamble to be outside the Constitution." → Incorrect; Berubari (1960) was reversed in Kesavananda Bharati (1973).
Statement: "Secularism is part of the basic structure." → Correct (S. R. Bommai, 1994).

Traps and advanced points

Trap: Saying the Preamble is enforceable in court.
Trap: Dating "socialist" and "secular" to 1950.
Trap: Thinking Parliament cannot amend the Preamble at all (it can, without destroying basic structure).

Quick revision

Nehru’s Objectives Resolution, 13 Dec 1946.
Berubari 1960 → Kesavananda 1973.
Bommai 1994: secularism basic.

Practice MCQs

From the perspective of definition and scope, which one of the following statements about Constitutional Philosophy is correct?
1. Constitutional Philosophy is unrelated to institutions, processes or real-world applications.
2. Constitutional Philosophy has no exceptions or limitations in exam analysis.
3. The Preamble states the nature of the Indian state and constitutional goals such as justice, liberty, equality and fraternity.
4. Parliament may alter the basic structure merely by using the special majority under Article 368.
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Answer: (c) The Preamble states the nature of the Indian state and constitutional goals such as justice, liberty, equality and fraternity.. The Preamble states the nature of the Indian state and constitutional goals such as justice, liberty, equality and fraternity.
Consider the following statements on Constitutional Philosophy, focusing on definition and scope: 1. The Preamble states the nature of the Indian state and constitutional goals such as justice, liberty, equality and fraternity. 2. Constitutionalism means limited government under higher law, not merely the existence of a written constitution. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (c) Both 1 and 2. Both statements are correct.
With reference to Constitutional Philosophy (definition and scope), consider the following statements: 1. The Preamble states the nature of the Indian state and constitutional goals such as justice, liberty, equality and fraternity. 2. Parliament may alter the basic structure merely by using the special majority under Article 368. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (a) 1 only. Only statement 1 is correct.
From the perspective of practical application, which one of the following statements about Constitutional Philosophy is correct?
1. State Election Commissions supervise local-body elections.
2. The basic-structure doctrine limits Parliament’s amending power without freezing every constitutional provision.
3. A joint sitting may be used for certain ordinary legislative deadlocks but not for Money Bills or Constitutional Amendment Bills.
4. Article 19 freedoms are available to citizens, while Article 21 protects persons more generally.
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Answer: (b) The basic-structure doctrine limits Parliament’s amending power without freezing every constitutional provision.. The basic-structure doctrine limits Parliament’s amending power without freezing every constitutional provision.
With reference to Constitutional Philosophy (definition and scope), consider the following statements: 1. Parliament may alter the basic structure merely by using the special majority under Article 368. 2. The Constitution draws authority from the people and combines political democracy with social and economic transformation. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (b) 2 only. Only statement 2 is correct.
Consider the following statements on Constitutional Philosophy, focusing on practical application: 1. Parliament may alter the basic structure merely by using the special majority under Article 368. 2. The basic-structure doctrine limits Parliament’s amending power without freezing every constitutional provision. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (b) 2 only. Statement 2 is correct; Statement 1 is a common misconception.
From the perspective of working mechanism, which one of the following statements about Constitutional Philosophy is correct?
1. Constitutionalism means limited government under higher law, not merely the existence of a written constitution.
2. Some Directive Principles reflect social-democratic goals while others reflect Gandhian or liberal-intellectual principles.
3. An ordinance has the force of law but is temporary and subject to parliamentary control.
4. Public Interest Litigation relaxed traditional locus standi in appropriate public-law cases.
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Answer: (a) Constitutionalism means limited government under higher law, not merely the existence of a written constitution.. Constitutionalism means limited government under higher law, not merely the existence of a written constitution.
With reference to Constitutional Philosophy (working mechanism), consider the following statements: 1. Parliament may alter the basic structure merely by using the special majority under Article 368. 2. The Indian Constitution borrows features from Britain (parliamentary system), USA (FR, judicial review), Ireland (DPSP), Canada (federation with strong centre). Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
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Answer: (b) 2 only. Only statement 2 is correct, so the answer is (B) 2 only. Statement 1 is incorrect — it is an overstated or wrong claim. Correct position: Constitutionalism means limited government under higher law, not merely the existence of a written constitution. Statement 2 is correct.
With reference to Constitutional Philosophy (institutional design), consider the following statements: 1. Parliament may alter the basic structure merely by using the special majority under Article 368. 2. The Preamble states the nature of the Indian state and constitutional goals such as justice, liberty, equality and fraternity. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Read chapter notes · Similar questions
Show answer
Answer: (b) 2 only. Only statement 2 is correct, so the answer is (B) 2 only. Statement 1 is incorrect — it is an overstated or wrong claim. Correct position: Constitutionalism means limited government under higher law, not merely the existence of a written constitution. Statement 2 is correct.
Consider the following statements on Constitutional Philosophy, focusing on working mechanism: 1. Constitutionalism means limited government under higher law, not merely the existence of a written constitution. 2. The basic-structure doctrine limits Parliament’s amending power without freezing every constitutional provision. Which of the statements given above is/are correct?
1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
Read chapter notes · Similar questions
Show answer
Answer: (c) Both 1 and 2. All the given statements are correct, so the answer is (C) Both 1 and 2. Both statements are correct.