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.

Same topic · past papers

UPPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2020 · Q116 · UPPGS

    Given below are two statements, one is labelled as Assertion (A) : and the other as Reason (R): Assertion (A): The nature of Indian Political System embodies the elements of 'continuity and change'. Reason (R): The Indian Political System contains the elements of the following political system such as the modern style, the traditional style and saint style. Select the correct answer from the codes given below.

    View answer →

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