The Preamble to the Constitution of India is

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
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UPSC IAS – 2020
The Supreme Court in the Kesavananda Bharati case (1973) held that the Preamble is a part of the Constitution. However, the Preamble itself is not a source of power to the legislature or a prohibition upon the powers of the legislature. It has no legal effect independently of the other parts of the Constitution. It is used as a key to open the minds of the makers of the Constitution and is used to interpret the provisions of the Constitution where the language is ambiguous. Option D correctly captures this status: it is a part of the Constitution but does not have independent legal effect as a source of enforceable rights or limitations on power.
– The Preamble is considered a part of the Constitution.
– It is not directly enforceable in courts.
– It serves as an aid in interpreting the Constitution.
Prior to the Kesavananda Bharati case, in the Berubari Union case (1960), the Supreme Court had held that the Preamble is not a part of the Constitution. This view was overturned in Kesavananda Bharati case. While it is part of the Constitution, it cannot be used as a source of substantive power or limitation. Its primary value is in understanding the intent and philosophy behind the Constitution.
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