Prelims 2020

Q. 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
Correct Answer : d) a part of the Constitution but has no legal effect independently of other parts

Question from UPSC Prelims 2020 GS Paper

Explanation:

Preamble to the Constitution of India

The Preamble to the Constitution of India serves as an introduction to the Constitution and expresses the ideals and aspirations on which the Constitution is based. It outlines the objectives of the Constitution such as Justice, Liberty, Equality, and Fraternity. The Preamble is considered a part of the Constitution, as affirmed by the Supreme Court of India in the Kesavananda Bharati case in 1973. This landmark judgment recognized the Preamble as an integral part of the Constitution.

Role of the Preamble

However, the Preamble, by itself, does not confer any power or enforce any rights or duties like the other provisions of the Constitution. It cannot be a source of any substantive power or limitation. Instead, it provides a guide and a philosophy to interpret the Constitution. Thus, while it is a part of the Constitution, it does not have legal effect independently of other parts. It sets the stage and context for the Constitution but does not directly bear legal consequences on its own.

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