UPSC Prelims 2020·GS1·polity-and-governance·constitution

The Preamble to the Constitution of India is

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Last updated 23 May 2026, 3:31 pm IST
  1. Aa part of the Constitution but has no legal effect
  2. Bnot a part of the Constitution and has no legal effect either
  3. Ca part of the Constitution and has the same legal effect as any other part
  4. Da part of the Constitution but has no legal effect independently of other partsCorrect

Explanation

The status of the Preamble to the Constitution of India has been a subject of judicial interpretation. The Supreme Court's stance evolved over time: Berubari Union case (1960): The Supreme Court held that the Preamble is not a part of the Constitution. Kesavananda Bharati case (1973): This landmark judgment reversed the earlier decision and held that the Preamble is indeed a part of the Constitution. However, the Court also clarified the nature of the Preamble's legal effect: The Preamble is not a source of power to the legislature or a source of prohibition upon the powers of the legislature. This means it cannot grant or deny powers on its own. It is not enforceable in any court of law independently. You cannot go to court to enforce a right solely based on the Preamble. Its significance lies in its role as an aid to the interpretation of the Constitution. It embodies the fundamental values and philosophy on which the Constitution is based. In case of any ambiguity in the provisions of the Constitution, the Preamble provides a key to understanding the intent of the framers. Therefore, the most accurate description is that the Preamble is a part of the Constitution but has no legal effect independently of other parts.
polity-and-governance: The Preamble to the Constitution of India is

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