⚖️ Polity & GovernanceUPSC 2020Salient Features of RPA

The Preamble to the Constitution of India, is:

apart of the Constitution but has no legal effect
bnot a part of the Constitution and has no legal effect either
ca part of the Constitution and has the same legal effect as any other part
da 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
ExplanationThe Preamble to the Constitution of India is part of the Constitution but lacks independent legal force.It outlines guiding principles like justice, liberty, and equality.The Supreme Court in Keshavananda Bharati (1973) affirmed it as integral to understanding the Constitution’s philosophy, although it doesn’t confer enforceable rights.It serves as a guiding tool for interpreting the Constitution’s objectives.In 1976, Preamble was amended by the 42nd Constitutional Amendment Act to add "Socialist, Secular, and Integrity".In the Berubari Union Case (1960), the Supreme Court had earlier held that the Preamble is not a source of power or substantive rights and has no independent legal effect.It also held that Preamble is not an operative part of the Constitution and lacks legal force.33

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