Q1 · UPPSC PCS Mains 2023 · GS II · 8 marks · ~125 words in the hall · 1 min read

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Why the Preamble is called the Philosophy of the Indian Constitution?

Topic: Indian Constitution. Syllabus: Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Same official PYQ from year-wise 2023 and Indian Constitution.

Revision summary

The Preamble compresses Nehru’s Objective Resolution into the Constitution’s moral charter. It names popular sovereignty and a sovereign socialist secular democratic republic. Justice, liberty, equality, and fraternity guide Fundamental Rights, DPSPs, and duties. Kesavananda uses the Preamble as a key to the basic structure. It aids interpretation; it does not itself confer enforceable rights.

Model answer

Introduction

The Preamble is the short moral charter of the Constitution. It is called the philosophy of the text because it states the kind of polity the Assembly wanted and because courts read later Articles in its light.

Body

Why it is called the philosophy

  • Jawaharlal Nehru’s Objective Resolution of 13 December 1946 supplied the ideals that the Drafting Committee compressed into the Preamble adopted on 26 November 1949.
  • It names the source of authority as We, the People, and the form of the State as a sovereign, socialist, secular, democratic republic, which is a statement of political philosophy, not a mere title.
  • Justice, liberty, equality, and fraternity are the four ends that Parts III, IV, and IVA then try to make justiciable, directive, or dutiful.

How that philosophy works in the Constitution

  • In Kesavananda Bharati v. State of Kerala (1973) the Supreme Court treated the Preamble as a key to the basic structure, so Parliament cannot use Article 368 to empty those ideals.
  • The Forty-second Amendment, 1976, added socialist, secular, and integrity, showing that even later politics still argued in Preamble language.
  • Berubari Union (1960) once called it a key to the minds of the makers; later cases use it as an aid to interpretation, not as a source of independent rights.

Flow diagram

flowchart TD
  O[Objective Resolution 1946] --> P[Preamble]
  P --> I[Justice liberty equality fraternity]
  I --> T[Parts III IV IVA]
  P --> B[Basic structure reading]

Conclusion

The Preamble is the philosophy of the Constitution because it records popular sovereignty and the four social ideals that the rest of the book is written to serve. Articles give those ideals legal teeth; the Preamble tells courts and legislatures what the teeth are for.

Quick related

Students also ask

  • Why the 42nd Amendment is called a revision of the Indian Constitution?

    Next question in the 2023 paper (Q2). View answer →

  • Is the Preamble a justiciable part of the Constitution?

    It is part of the Constitution after Kesavananda, but it does not by itself create enforceable rights. Rights come from later Articles.

  • Can Parliament amend the Preamble?

    Yes, as in 1976, but it cannot use Article 368 to destroy the basic features that the Preamble expresses.

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More from this paper

Q2 · UPSC Mains 2023 · UPGS2 · 8 marks

Why the 42nd Amendment is called a revision of the Indian Constitution?

Indian Constitution

The Forty-second Amendment Act, 1976, is called a mini-Constitution because of its range. It changed the Preamble and added Article 51A duties and new DPSPs. It bound the President, extended House terms, and moved several subjects to the Concurrent List. It tried to shield constitutional amendments from judicial review. The Forty-fourth Amendment and Minerva Mills rolled much of that rewriting back.

Q3 · UPSC Mains 2023 · UPGS2 · 8 marks

Mention three demerits of Judicial Activism.

Indian Constitution

Judicial activism uses Articles 32 and 226 and PIL to fill governance gaps. First demerit: it blurs the separation of powers and lets judges write policy. Second demerit: PIL can be abused and crowd out ordinary criminal and civil work. Third demerit: courts lack ministerial data, so sweeping directions often fail on the ground. The cost is weaker Cabinet accountability and later political backlash.

Q4 · UPSC Mains 2023 · UPGS2 · 8 marks

How is the power of the Governor to pardon different from the power of the President under Article 72 of the Indian Constitution?

Indian Constitution

Article 72 gives the President clemency over Union offences, courts-martial, and death sentences. Article 161 gives the Governor clemency only where the State’s executive power extends. The Governor cannot pardon a death sentence; only suspend, remit, or commute it. Both act on Council of Ministers’ advice, not as a personal monarch. Armed-forces and Union-law sentences stay off the Governor’s file.

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