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UPSC Prelims 2020 Paper-1 📅 04 Oct, 2020

The Preamble to the Constitution of India is

A
a part of the Constitution but has no legal effect
B
not a part of the Constitution and has no legal effect either
C
a part of the Constitution and has the same legal effect as any other part
D
a part of the Constitution but has no legal effect independently of other parts
Result Summary
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APEDIA

UPSC Prelims
2020 • 04 Oct, 2020 • Paper-1
The Preamble to the Constitution of India is
Correct Answer
a part of the Constitution but has no legal effect independently of other parts
Status as a Part of the Constitution: In the landmark Kesavananda Bharati case (1973), the Supreme Court decisively overturned its earlier Berubari Union stance......
💡 Analysis & Explanation
Status as a Part of the Constitution
In the landmark Kesavananda Bharati case (1973), the Supreme Court decisively overturned its earlier Berubari Union stance and established that the Preamble is indeed an integral part of the Constitution.
Legal Enforceability
Unlike Fundamental Rights, the Preamble is non-justiciable. It cannot be enforced directly in a court of law; thus, it does not possess independent legal effect or direct substantive power on its own.
Role in Interpretation
However, the Supreme Court noted that the Preamble is crucial for interpreting ambiguous provisions of the Constitution. Its legal significance emerges only when read in conjunction with other operative parts of the text to understand the framers' intent.
Conclusion
Consequently, the Preamble is part of the constitution but lacks standalone legal effect unless connected to other constitutional provisions.