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The Preamble to the Constitution of India, is

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


Solution: 

  • The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve.
  • The Supreme Court in the Berubari Union case (1960) held that the “Preamble is not a part of the Constitution.” It further said the Preamble can be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
  • Later in Kesavanand Bharti case (1973), the Supreme Court reversed its ruling and held that the Preamble is a part of the Constitution and can also be amended under Article 368 of the 
  • Constitution. Preamble, therefore, is a part of the Constitution. The preamble states the objects of the Constitution and is not enforceable in court thus has no legal effect independently of other parts.

Ans: (d) 


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