UPSC CIVIL SERVICES EXAMINATION PRELIMS 2019 SPECIAL · 2018-12-12 · PREAMBLE Preamble refers to...
Transcript of UPSC CIVIL SERVICES EXAMINATION PRELIMS 2019 SPECIAL · 2018-12-12 · PREAMBLE Preamble refers to...
UPSC CIVIL SERVICES EXAMINATION
PRELIMS 2019 SPECIAL
LECTURE 16
MCQs – STATIC – POLITY
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HOLISTIC PREPARATION THROUGHOUT
THE WEEK
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Day Component
Monday Economy
Tuesday Environment and Ecology
Wednesday Polity
Thursday History
Friday Geography
Saturday General Science / Art and
Culture
Sunday Self Study and Revision
PREAMBLE
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Preamble refers to the introduction or preface to the Constitution. It holds the essence as well as the philosophyof the Constitution.
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Preamble to the Indian Constitution is based on the ‘Objective Resolution’ , drafted and moved by Pandit Nehru,and adopted by the Constituent Assembly.
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INGREDIENTS OF PREAMBLE
Components
Source of Authority
Nature of Indian State
Objectives of the
Constitution
Date of adoption of
the Constitution
PREAMBLE OF THE CONSTITUTION
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India is neither a dominion nor a dependency of any other nation, but an independent state. There is no authorityabove it and it is free to conduct its own affairs (both internal and external)
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India’s membership in International Organisation like the Commonwealth or the United Nations (UN) does notaffect its sovereignty.
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Being a Sovereign State, India can either acquire a foreign territory or cede a part of its territory in favour of aforeign state (subject to the provisions and procedures mentioned in the Constitution)
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SOVEREIGN
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The term ‘socialist’ was not a part of the original Preamble to the Constitution of India but was added to it by the42nd Constitutional Amendment Act.
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Even before this amendment, the socialist principles were implicit in the Constitution by virtue of the provisions ofthe Directive Principles of State Policy.
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Since the new economic policy (1991) of Liberalization, Privatization and Globalization the socialist credentials ofthe Indian State have diluted considerably.
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The Indian Socialism differs from the general interpretation of socialism (State Socialism) as it follows the‘Democratic Socialism’.
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SOCIALIST
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Just like the term ‘Socialist’ the term ‘Secular’ was also not a part of the original Preamble, but was added by the42nd Constitutional Amendment Act
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The Articles 25 to 28 which guarantee the fundamental right to the freedom of religion is a testimony thatalthough the word ‘Secular’ did not form the part of the Preamble, yet the Constitution makers wanted toestablish the free India as a Secular State
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The Indian Constitution embodies the positive concept of secularism i.e. all religions in our country (irrespectiveof their strength) have the same status and support from the state.
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SECULAR
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As stipulated in the Preamble, India follows a Democratic Polity that is based on the doctrine of popularsovereignty, that is, possession of supreme power by the people.
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Democracy is of two types—direct and indirect. In direct democracy, the people exercise their supreme powerdirectly as is the case in Switzerland.
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There are four devices of direct democracy, namely, Referendum, Initiative, Recall and Plebiscite.3
DEMOCRATIC
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Referendum – A procedure wherein a proposed legislation is referred to the electorate for settlement by theirdirect votes.
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Initiative is a method by means of which the people can propose a bill to the legislature for enactment.2
Recall is a method by means of which the voters can remove a representative or an officer before the expiry ofhis term, when he fails to discharge his duties properly.
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DEMOCRATIC
Plebiscite is a method of obtaining the opinion of people on any issue of public importance. It is generally usedto solve the territorial disputes.
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In indirect or a Representative democracy, on the other hand, the representatives elected by the people exercisethe supreme power and thus carry on the government and make the laws.
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Representative Democracy can be of two types – Parliamentary and Presidential2
The Indian Constitution provides for representative parliamentary democracy under which the executive isresponsible to the legislature for all its policies and actions.
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DEMOCRATIC
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The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providingopportunities for the development of individual personalities.
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The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through theirFundamental Rights, enforceable in court of law, in case of violation.
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Liberty does not mean ‘license’ to do what one likes, and has to be enjoyed within the limitations mentioned inthe Constitution itself. In brief, the liberty conceived by the Preamble or fundamental rights is not absolute butqualified.
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The ideals of liberty, equality and fraternity in our Preamble have been taken from the French Revolution.4
LIBERTY
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The term ‘equality’ means the absence of special privileges to any section of the society, and the provision ofadequate opportunities for all individuals without any discrimination. (Prelim 2017)
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The Preamble secures to all citizens of India equality of status and opportunity. This provision embraces threedimensions of equality—civic, political and economic.
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EQUALITY
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The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity andintegrity of the nation.
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The word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment (1976).2
The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions ofnational integration.
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FRATERNITY
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the term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is electedindirectly for a fixed period of five years.
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A republic also means vesting of political sovereignty in the people and not in a single individual like a king.2
On account of being Republic and not a Monarch there is an absence of any privileged class in India and hence allpublic offices being opened to every citizen without any discrimination.
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REPUBLIC
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JUSTICE
Social Justice
Economic Justice
Political Justice
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Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race,religion, sex and so on.
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It means absence of privileges being extended to any particular section of the society, and improvement in theconditions of backward classes (SCs, STs and OBCs) and women.
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SOCIAL JUSTICE
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Economic justice denotes the non-discrimination between people on the basis of economic factors. It involvesthe elimination of glaring inequalities in wealth, income and property.
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A combination of social justice and economic justice denotes what is known as ‘distributive justice’2
ECONOMIC JUSTICE
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Political justice implies that all citizens should have equal political rights, equal access to all political offices andequal voice in the government.
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The ideal of justice—social, economic and political—has been taken from the Russian Revolution (1917).2
POLITICAL JUSTICE
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It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of thefounding fathers of the Constitution.
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According to K M Munshi, a member of the Drafting Committee of the Constituent Assembly, the Preamble is the‘horoscope of our sovereign democratic republic’.
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SIGNIFICANCE OF PREAMBLE
The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to theConstitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worthof the Constitution
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In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behindthe several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution.
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Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preambleis not a part of the Constitution.
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PREAMBLE PART OF THE CONSTITUTION
In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble isa part of the Constitution.
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It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted inthe light of the grand and noble vision expressed in the Preamble.
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Q. Consider the following statements:
1) He chaired the Union Constitution Committee of the Constituent Assembly .
2) He drafted the Objectives Resolution.
3) He was the first president of the National Planning Committee
Which of the following is being referred to in the above statements?
a) Dr. B.R. Ambedkar
b) Sardar Vallabhai Patel
c) Pandit Jawaharlal Nehru
d) Motilal Nehru
Answer : c
QUESTION 1
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Q. Which of the following is a component of the Preamble of the Indian Constitution?
1) Source of authority of the Constitution of India
2) Nature of Indian State
3) Objectives of the Constitution
4) Date of enforcement of the Constitution
Select the correct code:
a) 1 and 2 only
b) 1, 2 and 3 only
c) 1, 3 and 4 only
d) All of the above
Answer : b
QUESTION 2
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Q. Consider the following keywords mentioned in the Preamble of the Indian Constitution:
1) Sovereign
2) Socialist
3) Secular
4) Liberty
5) Fraternity
6) Integrity
Which of the above were not included in the original Preamble of the Constitution?
a) 1, 2 and 3 only
b) 1, 2 and 6 only
c) 2, 3 and 5 only
d) 2, 3 and 6 only
Answer : d
QUESTION 3
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Q. In context of Constitution of India, which of the following correctly describe the
characteristics of Indian Secularism?
1. Indian Constitution embodies complete separation of State from the Religion
2. Indian Secularism is characterized by the philosophy of ‘principled distance’
Select the correct code:
a) 1 only
b) 2 only
c) Both statements are
d) None of the above
Answer : b
QUESTION 4
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Q. In context of the Constitution of India, enforcement of Social Justice will essentially entail
the absence of _______.
Select the correct option:
a) Constraints
b) Privileges
c) Competition
d) None of the above
Answer : b
QUESTION 5
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Q. Which of the following statements regarding the Preamble are false?
1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of
legislature
2. It is non justiciable and non amendable
Select the correct option:
a) 1 only
b) 2 only
c) Both of the above
d) None of the above
DO IT YOURSELF
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