UPSC Previous Year Question | Prelims GS | 2020

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. a 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

Correct Answer

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

Explanation

In Kesavananda Bharati (1973) the Supreme Court held that the Preamble is part of the Constitution. It is not a source of power and is not enforceable by itself, so it has no independent legal effect apart from the other provisions.

Topics: constitution - features & philosophy, legal status of the preamble, polity & governance, preamble