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  1. Home
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Polity·Easy

The Preamble to the Constitution of India is

The Preamble to the Constitution of India is

Options

  1. a.

    A part of the Constitution but has no legal effect

  2. b.

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

  3. c.

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

  4. d.

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

    Correct answer

Explanation

In Beruberi’s case the Supreme Court held that the Preamble was not a part of the Constitution and therefore it could never be regarded as a source of any substantive powers
But in Kesavananda Bharati’s case, the Supreme Court rejected the above view and held that
1. The Preamble is the part of the Constitution.
2. The Preamble is not a source of power nor a source of limitations or prohibitions;
3. Preamble has a significant role to play in the interpretation of statutes, also in the interpretation of provisions of the Constitution.

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