GS PrelimsPolityPreamble of the Constitution2020

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: Option D

Explanation

1. The question asks about the status and legal effect of the Preamble to the Constitution of India. 2. The Supreme Court, in the landmark Kesavananda Bharati case (1973), held that the Preamble is indeed a part of the Constitution. This eliminates option (B). 3. However, the Court also clarified that the Preamble is non-justiciable. This means its provisions cannot be enforced in a court of law on their own. It does not grant any substantive power nor does it impose any specific limitation. 4. Option (A) is incorrect because while it acknowledges the Preamble is part of the Constitution, stating it has 'no legal effect' is inaccurate. It has significant interpretive value. 5. Option (C) is incorrect because the Preamble does not have the same legal effect as enforceable parts like Fundamental Rights. 6. Option (D) is the most accurate description. The Preamble is a part of the Constitution and serves as a key to understanding the minds of the constitution-makers and interpreting the provisions of the Constitution. Its legal effect arises only in conjunction with other parts of the Constitution, not independently.

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