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Q16·GS Paper 1 · Prelims 2020

Legal Status of the Preamble

PolityConstitution: Framework & HistoryFactual singleMediumStatic

Question

The Preamble to the Constitution of India is

Options

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

Answer

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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