Q16 · UPSC Prelims 2020 · Set A · Polity and Governance

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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

Correct answer: (d) a part of the Constitution but has no legal effect independently of other parts

Explanation

  1. A

    part of the Constitution but has no legal effect

    Part but no legal effect. Too weak after Kesavananda / LIC.

  2. B

    not a part of the Constitution and has no legal effect either

    Not a part. Berubari was overtaken.

  3. C

    a part of the Constitution and has the same legal effect as any other part

    Same legal effect as any article. The Preamble is not independently enforceable like a right.

  4. D

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

    A part of the Constitution but no legal effect independently of other parts. Kesavananda: Preamble is part; it aids interpretation, it is not a free-standing writ clause.

Summary. Official key is (d). The Preamble is part of the Constitution. It has no independent, enforceable legal effect apart from the rest of the text; it guides reading of the other parts.

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