The Preamble to the Constitution of India is

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UPSC Civil Services Exam (Prelims) GS Official Paper-I (Held On: 2020)
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  1. a part of the Constitution but has no legal effect
  2. not a part of the Constitution and has no legal effect either
  3. a part of the Constitution and has the same legal effect as any other part
  4. a part of the Constitution but has no legal effect independently of other parts

Answer (Detailed Solution Below)

Option 4 : a part of the Constitution but has no legal effect independently of other parts
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The correct answer is option 4.

Key PointsThe Preamble:

  • Part of the Constitution:
    • The Preamble is recognized as a part of the Constitution of India.
    • In the Kesavananda Bharati Case (1973), the Supreme Court affirmed its status as an integral component of the Constitution.
  • Legal Effect:
    • While the Preamble outlines the fundamental values and guiding principles of the Constitution, it does not have legal effect on its own.
    • This means that the Preamble cannot be enforced as law independently in a court of law.
  • Relation to Other Parts:
    • The Preamble reflects the aims and aspirations of the Constitution's framers and is intended to be read in conjunction with the provisions of the Constitution, which provide the legal basis for governance and rights.
  • Thus, the correct characterization of the Preamble is that it is a part of the Constitution but has no legal effect independently of other parts. Hence, option 4 is correct.
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