NIOS Class 12 Introduction to Law Chapter 18 Constitutionalism and Preamble

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NIOS Class 12 Introduction to Law Chapter 18 Constitutionalism and Preamble

Also, you can read the NIOS book online in these sections Solutions by Expert Teachers as per National Institute of Open Schooling (NIOS) Book guidelines. These solutions are part of NIOS All Subject Solutions. Here we have given NIOS Class 12 Introduction to Law Chapter 17 The Constitution of India – its Nature Solutions, NIOS Senior Secondary Course Introduction to Law in Hindi Medium for All Chapter, You can practice these here.

Constitutionalism and Preamble

Chapter: 18

Module – 5 The Constitution of India – I

INTEXT QUESTIONS 18.1

1. Describe briefly the meaning of ‘Constitution’. 

Ans: Constitution contains the Laws and the Principles according to which a State is governed. The Constitution of a country provides the basis for governance of country.

2. What do you mean by the term ‘Constitutionalism’?

Ans: ‘Constitutionalism’ means belief in a Constitutional Government or beliefs in Constitutional Principles. ‘Constitutionalism’ establishes a constitutional government which is controlled or ruled by a written Constitution.

INTEXT QUESTIONS 18.2 

Fill in the blanks: 

1. The Preamble contains the ____________ of the Constitution. 

Ans: Basic Structure.

2. The Preamble explains the ______________ of the Constitution. 

Ans: Objectives.

3. Name any one ingredient or component of ‘Preamble’. 

Ans: Source of Authority of the Constitution.

INTEXT QUESTIONS 18.3 

Fill in the Blanks: 

1. In ____________ case the Supreme Court held the Preamble to the Constitution is the basic structure of the Constitution.

Ans: Keshavananda Bharti Case.

2. In _______________ case the Supreme Court held that the Preamble to the Constitution is not the basic structure of the Constitution. 

Ans: Berubari Case.

3. “The Preamble to the Constitution is a part of the Constitution”. Do you agree with this statement? If yes, cite the relevant case in support of your answer.

Ans: Keshavananda Bharti Case.

INTEXT QUESTIONS 18.4 

1. Discuss briefly, the role of the Preamble in the working of the Constitution. 

Ans: The Preamble plays a vital role in the working of the Constitution as it embodies the philosophy, ideals, and objectives on which the entire constitutional framework rests. It declares India to be a Sovereign, Socialist, Secular, Democratic, and Republic nation and aims to secure justice, liberty, equality, and fraternity for all citizens.

It serves as a guiding light for the interpretation and implementation of constitutional provisions and ensures that laws and policies align with the spirit of the Constitution. The Supreme Court, in cases like Kesavananda Bharati and Minerva Mills, recognized the Preamble as part of the Constitution and as reflecting its basic structure.

Thus, the Preamble directs all organs of the State  Legislature, Executive, and Judiciary — to work toward the establishment of an egalitarian social order and ensures that every action of the government upholds the constitutional ideals and democratic values.

2. “The Preamble to the Constitution plays a predominant role in shaping the Destiny of the Country” Is this statement True or False?

Ans: True.

INTEXT QUESTIONS 18.5 

1. Analyse briefly the role of Preamble as interpreter of the provisions of Constitution itself. 

Ans: The Preamble serves as a guiding light for interpreting the Constitution. It reflects the ideals and objectives of justice, liberty, equality, and fraternity. Though not a source of power, it helps the courts understand the true spirit and intent of the framers. The Supreme Court, in Kesavananda Bharati and Minerva Mills, used it to define the basic structure of the Constitution and ensure all provisions align with its core values.

2. “The Preamble acts as an aid to the interpretation of other Statutes.” Is this statement true or false? 

Ans: True.

3. “The International Documents/Treaties/Conventions/Declarations act as aid to the interpretation of the Preamble.” Is this statement true or false? 

Ans: True.

TERMINAL EXERCISES

1. What is meant by the ‘Constitution’? 

Ans: The Constitution is the document containing the fundamental laws and rules that determine and describe the form of government and define the relationship between the citizens and the government.

As such, a Constitution is concerned with two main aspects i.e. the relation between different organs and different levels of government and between the government and the citizens. The Constitution of a country provides the basis for governance of the country. A Constitution contains basic or fundamental laws of the land and established rule of law.

In short, the Constitution provides the foundation for governance and ensures that the government operates within the framework of the rule of law.

2. Examine in brief the characteristics of a Constitutional Government. 

Ans: Following are the characteristics of a Constitutional Government:

(i) Supremacy of the Constitution: The Constitution is the highest law of the land, and all government authorities must act within its limits.

(ii) Rule of Law: Everyone, including the government, is bound by the law.

(iii) Separation of Powers: The powers of the Legislature, Executive, and Judiciary are clearly divided to prevent misuse.

(iv) Protection of Fundamental Rights: The Constitution guarantees certain basic rights to citizens that cannot be violated.

(v) Limited Government: The powers of the government are restricted to prevent tyranny and protect individual liberty.

(vi) Independent Judiciary: Courts act as guardians of the Constitution and protect citizens’ rights.

3. Describe briefly the term ‘Constitutionalism’.

Ans: Constitutionalism refers to the principle or system in which the powers of the government are limited by a written Constitution, ensuring that authority is exercised according to established laws and not by arbitrary decisions. It stands for the idea that government should function within a framework of laws that protect the rights, freedoms, and dignity of individuals.

A constitutional government is one that derives its power from the Constitution and remains accountable to it. The concept of constitutionalism goes beyond merely having a Constitution; it emphasizes the effective implementation of constitutional principles such as the rule of law, separation of powers, protection of fundamental rights, and independence of the judiciary.

Constitutionalism ensures that no organ of the government Legislature, Executive, or Judiciary—acts beyond its constitutional limits. It promotes checks and balances to prevent misuse of power. The growth of the judicial system in democratic countries, including India, is a direct result of the growth of constitutionalism, as the judiciary plays a vital role in interpreting and safeguarding the Constitution.

4. Examine the role of Preamble in interpreting the Constitution. 

Ans: The Preamble plays a crucial role in interpreting the Constitution. It sets out the philosophy, ideals, and objectives on which the entire constitutional framework is based. It reflects the intentions of the framers and serves as a key to understanding the spirit of the Constitution.

Although the Preamble is not a source of power or limitation, the Supreme Court has used it as an interpretative tool in several landmark cases. In Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980), the Court relied on the Preamble to determine that the basic structure of the Constitution — such as justice, liberty, equality, and fraternity — cannot be altered by Parliament.

The Preamble thus guides the judiciary in interpreting constitutional provisions in harmony with its core ideals. It ensures that all laws, policies, and amendments remain true to the spirit of the Constitution and the goals of a sovereign, socialist, secular, and democratic republic.

5. Discuss briefly Preamble as an aid in interpreting the other Statutes framed under the Constitution. 

Ans: The Preamble serves as an important aid in interpreting other statutes framed under the Constitution. It expresses the fundamental philosophy, ideals, and purposes of the Constitution, and therefore, provides valuable guidance in understanding the true intent behind any law enacted by the Legislature.

According to Justice Jaganmohan Reddy, the Preamble is a key to open the mind of the framers and helps interpret not only the Constitution itself but also the laws made under it.

 It may be used:

(a) When there is ambiguity or doubt in the meaning of statutory provisions.

(b) To avoid absurd interpretations even when the language appears clear.

(c) To ensure that the statute’s interpretation is in harmony with the constitutional spirit of justice, liberty, equality, and fraternity.

However, the Preamble cannot be used to enlarge or create new powers not given by the Constitution. Its true role is to explain and clarify the nature, scope, and purpose of powers actually conferred.

Thus, the Preamble acts as a guiding light to interpret statutes consistently with constitutional principles and the objectives of the Indian democratic framework.

6. “The Preamble is an integral Part of the Constitution.” Examine this statement in the light of relevant cases. 

Ans: The Preamble is indeed an integral part of the Constitution, as affirmed by the Supreme Court in several landmark cases. Initially, in the Berubari Union Case (1960), the Court held that the Preamble was not a part of the Constitution and could not confer any powers or restrictions.

However, this view was overruled in the Kesavananda Bharati v. State of Kerala (1973) case, where the Supreme Court held that the Preamble is a part of the Constitution and reflects its basic structure. It embodies the philosophy, ideals, and objectives that guide the interpretation of all constitutional provisions. Later, in S.R. Bommai v. Union of India (1994), the Court reaffirmed that the Preamble forms the foundation of the constitutional framework and represents the identity and spirit of the Constitution.

Thus, the Preamble is not merely an introduction but an integral and guiding part of the Constitution, expressing its essence and ideals — justice, liberty, equality, and fraternity.

7. Explain briefly the constitutional values mentioned in the Preamble which gives us dignity of existence as a Nation in the International Community.

Ans: The Preamble reflects the constitutional values that uphold India’s dignity and identity as a sovereign nation in the international community. 

These values are:

(i) Sovereignty: India is free to make its own laws and decisions without external control, ensuring political independence.

(ii) Socialism: It aims to reduce inequality and promote social and economic justice for all.

(iii) Secularism: The State maintains neutrality toward all religions, ensuring freedom of faith and belief.

(iv) Democracy: Power ultimately rests with the people, who elect their representatives through free and fair elections.

(v) Republic: The head of the State is elected, symbolizing equality among citizens.