Q. The Preamble to the Constitution of India is

  • a part of the Constitution but has no legal effect
  • not a part of the Constitution and has no legal effect either
  • a part of the Constitution and has the same legal effect as any other part
  • a part of the Constitution but has no legal effect independently of other parts

Answer: (d) a part of the Constitution but has no legal effect independently of other parts

Notes:
  • The Preamble to the Constitution is a reflection of the core constitutional values that embody the Constitution. It declares India to be a Sovereign Socialist Secular Democratic Republic committed to Justice, Equality and Liberty for the people.
  • In the Kesavanada Bharati Case (1973), the Supreme Court said that the Preamble is part of the Constitution.
  • The Preamble sets out the aims and aspirations of the people and these have been embodied in various provisions of the constitution.
  • It certainly does not have a legal effect independently since it cannot be enforced in a court of law.
Status of Preamble
  • The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases.
    • Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.
      • Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.
    • Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:
      • The Preamble of the Constitution will now be considered as part of the Constitution.
      • The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
      • So, it can be concluded that preamble is part of the introductory part of the Constitution.
    • In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.