Question

UPSC Prelims 2020 Question:

The Preamble to the Constitution of India is

1. a part of the Constitution but has no legal effect
2. not a part of the Constitution and has no legal effect either
3. part of the Constitution and has the same legal effect as any other part
4. a part of the Constitution but has no legal effect independently of other parts

Answer (Detailed Solution Below)

Option 4: a part of the Constitution but has no legal effect independently of other parts

Detailed Solution

Explanation:

Initially in the Berubari Union case (1960), the Supreme Court specifically opined that Preamble is not a part of the Constitution.
Later, in the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.
In the LIC of India case (1995), the Supreme Court reiterated that the Preamble is an integral part of the Constitution.
The Preamble is not a legally enforceable document. No law can be overturned if it is found to violate only the Preamble.

Therefore, option (4) is the correct answer.

Subject: Polity | Preamble

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