The Preamble to the Constitution of India is
Detailed Explanation:
Answer: Option 4 — a part of the Constitution but has no legal effect independently of other parts.
The Preamble is an integral part of the Indian Constitution as established by the Supreme Court in the Kesavananda Bharati v. State of Kerala (1973) case. However, it is not directly enforceable in a court of law and cannot be used independently to challenge the validity of any law. The Preamble serves as a key to interpret ambiguous provisions of the Constitution and reflects its underlying philosophy, but it derives its legal effect only when read in conjunction with other substantive provisions of the Constitution.
📝 Short Notes: Legal Status of the Preamble
| Aspect | Details |
|---|---|
| Nature | Integral part of the Constitution (Kesavananda Bharati case, 1973) |
| Legal Effect | Not independently enforceable; cannot be used alone to strike down laws |
| Function | Interpretive tool for ambiguous constitutional provisions; embodies the spirit and philosophy of the Constitution |
| Amendability | Can be amended under Article 368 (42nd Amendment, 1976 added 'Socialist', 'Secular', and 'Integrity') |
| Key Judgment | Berubari Union case (1960) - initially held not part of Constitution; overruled by Kesavananda Bharati case (1973) |
| Components | WE, THE PEOPLE OF INDIA → Sovereign, Socialist, Secular, Democratic, Republic → Justice, Liberty, Equality, Fraternity |
Question 2 of 5 Meaning and Significance
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