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 ✓ UPSC's answer
Why the answer is (d)
• In Kesavananda Bharati (1973) the Supreme Court held that the Preamble is a part of the Constitution (overruling Berubari, 1960) and may be amended, as done by the 42nd Amendment.
• However, the Preamble is neither a source of power nor a source of limitation on power; it is non-justiciable and cannot be enforced on its own — it is used only to interpret ambiguous provisions.
• So it is part of the Constitution but has no legal effect independently of other parts — option (d).
• Options (a) and (b) deny its status; option (c) overstates its enforceability.
• Hence option (d).
Why the other options are wrong
- (a) a part of the Constitution but has no legal effect
- It has interpretive legal value, so 'no legal effect' is too strong.
- (b) not a part of the Constitution and has no legal effect either
- Kesavananda held the Preamble is part of the Constitution.
- (c) a part of the Constitution and has the same legal effect as any other part
- The Preamble is not independently enforceable like other provisions.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2020, held on 4 October 2020. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.