Question 9 from UPSC CSE 2017 - Polity and
Governance

Question

The mind of the makers of the Constitution of India is reflected in which of the following?

IASCODEX · Accepted Answer

Correct Option: A. The Preamble

Strategy: The question hinges on the specific phrase **'mind of the makers'**. This is a classic constitutional interpretation term directly and famously associated with the Preamble. While Fundamental Rights and DPSPs are core components, the Preamble is considered the summary or essence of the entire constitutional philosophy, embodying the grand vision of its framers. Fundamental Duties can be quickly eliminated as they were added much later, in 1976, and were not part of the original constitution drafted by the makers.

Key Info: ### Preamble
The Preamble to the Constitution of India is an introductory statement that sets out the guiding purpose, principles, and philosophy of the document. It is based on the 'Objectives Resolution' drafted and moved by Jawaharlal Nehru on December 13, 1946.

- **Significance:** The Supreme Court, in several judgments, has described the Preamble as the 'key to the mind of the makers of the Constitution'. It reflects the basic structure and the fundamental values upon which the Constitution is based.
- **Status:** In the landmark *Kesavananda Bharati case (1973)*, the Supreme Court held that the Preamble is a part of the Constitution and can be amended under Article 368, provided the 'basic structure' is not altered. It is not justiciable, meaning its provisions are not enforceable in courts of law, but it serves as a crucial aid in the interpretation of the Constitution.

### Fundamental Rights (Part III)
Contained in Part III (Articles 12-35) of the Constitution, Fundamental Rights are the basic human rights guaranteed to all citizens. They are often called the 'Magna Carta' of India.

- **Nature:** These rights are justiciable, meaning they are enforceable by the courts. They are primarily aimed at protecting individuals from arbitrary state action and ensuring political democracy. They are not absolute and are subject to reasonable restrictions.

### Directive Principles of State Policy (DPSP) (Part IV)
Contained in Part IV (Articles 36-51), the DPSPs are ideals that the State should keep in mind while formulating policies and enacting laws. They are inspired by the Irish Constitution.

- **Nature:** They are non-justiciable, meaning they are not legally enforceable by the courts. They aim to establish a social and economic democracy, promoting the concept of a 'welfare state'.

### Fundamental Duties (Part IV-A)
Contained in Part IV-A (Article 51-A), the Fundamental Duties were not part of the original Constitution. They were added by the 42nd Constitutional Amendment Act, 1976, upon the recommendations of the Swaran Singh Committee.

- **Nature:** These duties are non-justiciable. Initially, there were 10 duties; an 11th (providing educational opportunities for one's child) was added by the 86th Amendment Act, 2002.

IASCODEX · Answer

Option B: The Fundamental Rights

IASCODEX · Answer

Option C: The Directive Principles of State Policy

IASCODEX · Answer

Option D: The Fundamental Duties