Prelims 2020 · Polity and Constitution · Question 26
The Preamble to the Constitution of India is
Answer
a part of the Constitution but has no legal effect independently of other parts
- (a) Incorrect. The Supreme Court in Kesavananda Bharati (1973) held that the Preamble is part of the Constitution. But saying it has no legal effect is too absolute; it has interpretative value.
- (b) Incorrect. This was the old view in Berubari (1960), but it is no longer the accepted position after Kesavananda Bharati.
- (c) Incorrect. Though the Preamble is part of the Constitution, it is not enforceable like other substantive provisions and cannot by itself confer powers or rights.
- (d) Correct. The Preamble is part of the Constitution, but it has no independent legal effect; it is mainly used to interpret and understand other constitutional provisions.