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With reference to the Preamble to the Constitution of India, consider the following statements:
1. It is neither a source of power nor a prohibition upon the powers of legislature.
2. It is non-justiciable in courts of law.
3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.
Which of the statements given above is/are correct?
1. It is neither a source of power nor a prohibition upon the powers of legislature.
2. It is non-justiciable in courts of law.
3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.
Which of the statements given above is/are correct?
- a)1 and 2 only
- b)2 only
- c)1 and 3 only
- d)2 and 3 only
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
With reference to the Preamble to the Constitution of India, consider ...
• In the Kesavananda Bharati case (1973), the Supreme Court held that Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. The current opinion held by the Supreme Court that the Preamble is a part of the Constitution, is in consonance with the opinion of the founding fathers of the Constitution.
• Also, the Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. Hence, statement 1 is correct.
• It is non-justiciable, that is, its provisions are not enforceable in courts of law. Hence, statement 2 is correct.
• In the Berubari case of 1960, the court held that the Preamble to the Constitution containing the declaration made by the people of India in exercise of their sovereign will, no doubt is a key to open the minds of framers of the Constitution which may show the general purposes for which they made the several provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.
• In the Kesavananda Bharati case (1973), however, the Court held that the Preamble is a part of the Constitution.
• Regarding amendability, the Supreme Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’. In other words, the Court held that the basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368. Hence, statement 3 is not correct.
• The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words— Socialist, Secular and Integrity—to the Preamble. This amendment was held to be valid.
• Also, the Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. Hence, statement 1 is correct.
• It is non-justiciable, that is, its provisions are not enforceable in courts of law. Hence, statement 2 is correct.
• In the Berubari case of 1960, the court held that the Preamble to the Constitution containing the declaration made by the people of India in exercise of their sovereign will, no doubt is a key to open the minds of framers of the Constitution which may show the general purposes for which they made the several provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.
• In the Kesavananda Bharati case (1973), however, the Court held that the Preamble is a part of the Constitution.
• Regarding amendability, the Supreme Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’. In other words, the Court held that the basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368. Hence, statement 3 is not correct.
• The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words— Socialist, Secular and Integrity—to the Preamble. This amendment was held to be valid.
Most Upvoted Answer
With reference to the Preamble to the Constitution of India, consider ...
Preamble to the Constitution of India - Correct Statements
The Preamble to the Constitution of India is the introductory statement that sets out the objectives and purposes of the Constitution. The Preamble does not grant any specific powers to the government or impose any limitations on the powers of the legislature. It is a non-justiciable part of the Constitution, meaning that it cannot be enforced in a court of law. However, it has been interpreted by the judiciary in various cases to understand the intent and spirit of the Constitution.
1. It is neither a source of power nor a prohibition upon the powers of legislature.
The Preamble is a statement of the ideals and principles that the Constitution seeks to establish. It does not confer any powers on the government or impose any restrictions on the powers of the legislature. The powers of the government are derived from other parts of the Constitution, such as the fundamental rights, directive principles of state policy, and the legislative lists.
2. It is non-justiciable in courts of law.
The Preamble is not enforceable in a court of law, and no legal rights or obligations can be derived from it. However, the Supreme Court has held that the Preamble can be used as a guide to interpret the Constitution and to understand the overarching principles that underpin the Constitution.
3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.
The Berubari Case was a landmark case in which the Supreme Court upheld the power of Parliament to amend the Preamble. The Court held that the Preamble is a part of the Constitution and can be amended like any other provision of the Constitution. However, the Court also held that the essential features of the Constitution cannot be amended, and any amendment that violates the basic structure of the Constitution would be invalid.
In conclusion, the correct statements with reference to the Preamble to the Constitution of India are 1 and 2 only.
The Preamble to the Constitution of India is the introductory statement that sets out the objectives and purposes of the Constitution. The Preamble does not grant any specific powers to the government or impose any limitations on the powers of the legislature. It is a non-justiciable part of the Constitution, meaning that it cannot be enforced in a court of law. However, it has been interpreted by the judiciary in various cases to understand the intent and spirit of the Constitution.
1. It is neither a source of power nor a prohibition upon the powers of legislature.
The Preamble is a statement of the ideals and principles that the Constitution seeks to establish. It does not confer any powers on the government or impose any restrictions on the powers of the legislature. The powers of the government are derived from other parts of the Constitution, such as the fundamental rights, directive principles of state policy, and the legislative lists.
2. It is non-justiciable in courts of law.
The Preamble is not enforceable in a court of law, and no legal rights or obligations can be derived from it. However, the Supreme Court has held that the Preamble can be used as a guide to interpret the Constitution and to understand the overarching principles that underpin the Constitution.
3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.
The Berubari Case was a landmark case in which the Supreme Court upheld the power of Parliament to amend the Preamble. The Court held that the Preamble is a part of the Constitution and can be amended like any other provision of the Constitution. However, the Court also held that the essential features of the Constitution cannot be amended, and any amendment that violates the basic structure of the Constitution would be invalid.
In conclusion, the correct statements with reference to the Preamble to the Constitution of India are 1 and 2 only.
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With reference to the Preamble to the Constitution of India, consider the following statements:1. It is neither a source of power nor a prohibition upon the powers of legislature.2. It is non-justiciable in courts of law.3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'A'. Can you explain this answer?
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With reference to the Preamble to the Constitution of India, consider the following statements:1. It is neither a source of power nor a prohibition upon the powers of legislature.2. It is non-justiciable in courts of law.3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the Preamble to the Constitution of India, consider the following statements:1. It is neither a source of power nor a prohibition upon the powers of legislature.2. It is non-justiciable in courts of law.3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the Preamble to the Constitution of India, consider the following statements:1. It is neither a source of power nor a prohibition upon the powers of legislature.2. It is non-justiciable in courts of law.3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'A'. Can you explain this answer?.
With reference to the Preamble to the Constitution of India, consider the following statements:1. It is neither a source of power nor a prohibition upon the powers of legislature.2. It is non-justiciable in courts of law.3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'A'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the Preamble to the Constitution of India, consider the following statements:1. It is neither a source of power nor a prohibition upon the powers of legislature.2. It is non-justiciable in courts of law.3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the Preamble to the Constitution of India, consider the following statements:1. It is neither a source of power nor a prohibition upon the powers of legislature.2. It is non-justiciable in courts of law.3. For the first time, the amendability of the Preamble was upheld in the Berubari Case.Which of the statements given above is/are correct?a)1 and 2 onlyb)2 onlyc)1 and 3 onlyd)2 and 3 onlyCorrect answer is option 'A'. Can you explain this answer?.
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