Legal Status of the Preamble
Question
The Preamble to the Constitution of India is
Options
a part of the Constitution but has no legal effect
not a part of the Constitution and has no legal effect either
a part of the Constitution and has the same legal effect as any other part
a part of the Constitution but has no legal effect independently of other parts
Explanation
In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is a part of the Constitution. However, it is non-justiciable and cannot override explicit provisions of the Constitution. It holds legal significance primarily as an interpretative tool when read in conjunction with other parts. > One-line conceptual takeaway: The Preamble is integral to the Constitution but derives its functional weight only when read together with substantive provisions. Answer: (d).
Question details
Year
2020
Paper
GS Paper 1
Question
Q16
Subject
Polity
Sub-topic
Constitution: Framework & History
Type
Factual single
Difficulty
Medium
Nature
Static
Source hint
Kesavananda Bharati case / LIC of India case
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