Question 12 from UPSC CSE 2020 - POLITY & GOVERNANC E

Question

The Preamble to the Constitution of India is

Accepted Answer

Correct Option: D. a part of the Constitution but has no legal effect independently of other parts

Strategy: Focus on the Preamble's legal enforceability and its constitutional status. Supreme Court judgments, notably Kesavananda Bharati, affirm it is part of the Constitution but clarify it cannot be enforced independently--meaning it's not a standalone source of legal rights or obligations. Avoid options suggesting it's not part of the Constitution or granting it the same legal effect as substantive provisions. Select statements accurately reflecting its status: part of the Constitution, but with no independent legal effect.

Key Info: The Preamble to the Constitution of India serves as an introductory statement, outlining ideals such as Justice, Liberty, Equality, and Fraternity. It encapsulates the vision, values, and intentions of the Constitution's framers.

Historically, its legal status evolved:
*   **Berubari Union Case (1960):** The Supreme Court initially ruled it was not a part of the Constitution.
*   **Kesavananda Bharati v. State of Kerala (1973):** The Supreme Court reversed its earlier stance, holding that the Preamble *is* part of the Constitution and can be used to interpret ambiguous constitutional provisions.
*   **Union Govt. v. LIC of India (1995):** This position was reiterated, affirming the Preamble's integral but non-justiciable nature.

Despite being part of the Constitution, the Preamble is not directly enforceable in courts. It does not confer substantive rights, nor does it act as an independent source of power or restriction. Its primary value lies as an interpretive guide in constitutional interpretation; it cannot independently invalidate laws or executive acts.

Key terms within the Preamble, like 'secular', 'democratic', or 'republic', are substantively protected under various Articles of the Constitution, rather than by the Preamble itself. The Preamble has been amended only once by the 42nd Constitutional Amendment Act (1976), which added the words 'Socialist', 'Secular', and 'Integrity'.

Answer

Option A: part of the Constitution but has no legal effect

Answer

Option B: not a part of the Constitution and has no legal effect either

Answer

Option C: a part of the Constitution and has the same legal effect as any other part