The Preamble to the Constitution of India is
Aa part of the Constitution but has no legal effect
Bnot a part of the Constitution and has no legal effect either
Ca part of the Constitution and has the same legal effect as any other part
Da part of the Constitution but has no legal effect independently of other parts
Answer & Solution
Correct answer: D. a part of the Constitution but has no legal effect independently of other parts
Answer: D. The Preamble is A PART OF THE CONSTITUTION BUT HAS NO LEGAL EFFECT INDEPENDENTLY of other parts.
The PREAMBLE TO THE CONSTITUTION of India (Sovereign Socialist Secular Democratic Republic, securing justice, liberty, equality, fraternity) has been the subject of important Supreme Court rulings on its constitutional status.
EVOLUTION OF JUDICIAL POSITION:
1. BERUBARI UNION CASE (1960): Supreme Court held that the Preamble is NOT a part of the Constitution. It described the Preamble as a 'key to open the mind of the makers'.
2. KESAVANANDA BHARATI CASE (1973): The Supreme Court REVISED this position. It held that the PREAMBLE IS A PART OF THE CONSTITUTION and reflects its basic philosophy. The Preamble was treated as integral to the constitutional document.
3. LIC OF INDIA CASE (1995) and others: confirmed the Kesavananda position that Preamble is a part of the Constitution.
KEY LIMITATION on the Preamble's force:
- The Preamble is NOT INDEPENDENTLY ENFORCEABLE. You cannot file a writ petition asserting a violation of 'fraternity' or 'liberty' in the Preamble standing alone. The substantive provisions of the Constitution (Fundamental Rights in Part III, Directive Principles in Part IV, etc.) are what courts enforce.
- The Preamble serves as an INTERPRETIVE GUIDE when the constitutional text is ambiguous (courts read provisions in light of Preamble values like secularism, justice, democracy).
- The Preamble cannot OVERRIDE any specific constitutional provision.
So the Preamble is part of the Constitution but does NOT have legal effect independently of other parts. This is precisely option D.
Why other options are WRONG:
(A) Wrong on legal effect: Preamble is not entirely without legal effect; it has interpretive value and informs basic structure.
(B) Wrong on both counts: Preamble IS a part of the Constitution since Kesavananda.
(C) Wrong: the Preamble does NOT have the same legal effect as substantive parts; it cannot be enforced directly.
Source: Constitution of India Preamble; Berubari Union Case (1960); Kesavananda Bharati vs State of Kerala (1973); NCERT Class 11 Indian Constitution at Work.
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