UPSC Prelims 2020 GS Paper I · Q16 of 99 Polity & Governance medium

The Preamble to the Constitution of India is

  1. (a) a part of the Constitution but has no legal effect
  2. (b) not a part of the Constitution and has no legal effect either
  3. (c) a part of the Constitution and has the same legal effect as any other part
  4. (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.

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