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UPSC Prelims & Mains Questions
The Preamble to the Constitution of India is
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)
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

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

Note :

With respect to whether the Preamble is 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 case18 (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.

In both the Berubari Union case (1963) and the Kesavnanda Bharati Case (1973), the Supreme Court of India quoted the following observations of Willoughby about the Preamble to the American Constitution:- It has never been regarded as the source of any substantive power conferred on the Government of the United States, or on any of its departments. Such power embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted. What is true about the powers is equally true about the prohibitions and limitations.

Hence Preamble to the constitution of India is part of the Constitution but has no legal effect independently of other parts

Year : 2020
Category : General Studies
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