Q16. 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) 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
Answer: D
- The Preamble is the introductory part of the Constitution. It contains the ideals, objectives, and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble.
- Additional Info:
- In the Berubari Union case 1960, the Supreme Court held that the “Preamble is not a part of the Constitution”. Later, in the Kesavananda Bharati Vs. State of Kerala 1973 case, the Supreme Court ruled that the “Preamble is a part of the Constitution and can be amended” as any other provisions of the Constitution provided the basic structure of the Constitution is not destroyed. In the Union Government Vs. LIC of India case 1995, the Supreme Court has once again held that the Preamble is an integral part of the Constitution but is not directly enforceable in a court of justice in India.
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