The preamble to the constitution of India is (2020)a) A part of t...
Understanding the Preamble of the Indian Constitution
The Preamble serves as an introduction to the Constitution of India, outlining its guiding principles and philosophy. However, its legal status has been a subject of discussion.
Legal Status of the Preamble
- The Preamble is indeed a part of the Constitution, making it significant in understanding the document's intent.
- However, the Preamble does not confer any rights or impose any duties independently. It merely sets the tone and context for the Constitution.
Interpretation by Courts
- Indian courts have recognized the Preamble's importance in interpreting constitutional provisions.
- The Supreme Court has referred to the Preamble to understand the objectives and values enshrined in various Articles.
Limitations of the Preamble
- While the Preamble is integral to the Constitution, it does not have the same legal effect as the Articles that enumerate rights and duties.
- It cannot be enforced in a court of law, meaning that one cannot claim rights directly from the Preamble.
Conclusion
In summary, the Preamble is a vital part of the Constitution, providing insights into its spirit and intent. However, it does not possess independent legal effect and must be interpreted in conjunction with the Constitution's Articles. Thus, option 'D' accurately reflects its status: a part of the Constitution but lacks independent legal effect.
The preamble to the constitution of India is (2020)a) A part of t...
It is a part of the Constitution as declared by the SC. It certainly does not have a legal effect independently since it cannot be enforced in a court of law. Although not enforceable in court on its own (option C is wrong), the Preamble states the objects of the Constitution and acts as an aid during the interpretation of Articles when language is found ambiguous. Therefore, it begets some kind of legal effect when read along with the constitution, not independent from it. Option D is more appropriate.