Q107 · UPPSC Prelims 2019 · Set A · General Studies

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What is the legal nature of the Preamble of the Constitution?

A It is enforceable
B It is not enforceable
C It may be enforced in special circumstances
D None of the above

Correct answer: (b) It is not enforceable

Explanation

  1. A

    It is enforceable

    (a) It is enforceable. Courts do not issue a writ to enforce the Preamble as if it were a fundamental right or a statute.

  2. B

    It is not enforceable

    (b) It is not enforceable. The Preamble is a part of the Constitution (Kesavananda) and an aid to interpretation, but it creates no independently justiciable right. (b) Official key.

  3. C

    It may be enforced in special circumstances

    (c) It may be enforced in special circumstances. There is no special-circumstance writ of the Preamble; enforcement still runs through Parts III, IV and the amending power.

  4. D

    None of the above

    (d) None of the above. The legal nature is settled: useful, non-justiciable as a stand-alone command—so (b) already names it.

Summary. Official key is (b). The Preamble is not enforceable in a court as a free-standing right. It remains a key to meaning and, after Kesavananda, part of the Constitution, including the basic-structure idea of its ideals.