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Which one of the following statements with regard to the Preamble to the Constitution of India is not correct?

  • a)
    The term 'Secular Democratic Republic' was not there in the Preamble originally.

  • b)
    The Preamble does not represent the basic structure of the Constitution of India.

  • c)
    By itself, the Preamble is not enforceable in a court of law.

  • d)
    The Supreme Court has held that the Preamble cannot be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous.

Correct answer is option 'D'. Can you explain this answer?
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Which one of the following statements with regard to the Preamble to t...
Option 4 : The Supreme Court has held that the Preamble cannot be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous.
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Which one of the following statements with regard to the Preamble to t...
Option B is also incorrect because preamble is presenting basic structure of Constitution
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Which one of the following statements with regard to the Preamble to t...
The correct answer is option 'D': The Supreme Court has held that the Preamble cannot be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous.

Explanation:

The Preamble to the Constitution of India is a concise statement that reflects the objectives and ideals of the Constitution. It serves as an introductory statement and provides a brief overview of the principles and values on which the Constitution is based. Here is a detailed explanation of each statement and why option D is not correct:

a) The term Secular Democratic Republic was not there in the Preamble originally:
- This statement is correct. The original Preamble did not explicitly mention the term "Secular Democratic Republic." It was added to the Preamble by the 42nd Amendment Act of 1976.

b) The Preamble contains the basic structure of the Constitution of India:
- This statement is correct. The Preamble lays down the fundamental principles and ideals of the Constitution. It reflects the basic structure of the Constitution, including the concepts of justice, liberty, equality, and fraternity.

c) By itself, the Preamble is not enforceable in a court of law:
- This statement is correct. The Preamble does not grant any enforceable rights and cannot be used directly as a source of law. It is a non-justiciable part of the Constitution, meaning that it cannot be used as a basis for filing a legal suit.

d) The Supreme Court has held that the Preamble cannot be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous:
- This statement is not correct. The Supreme Court has, in fact, held that the Preamble can be used as an aid to the interpretation of the Constitution. It has ruled that the Preamble can be relied upon to understand the spirit, intent, and objectives of the Constitution, especially when the language of a particular provision is ambiguous.

In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Preamble is a part of the Constitution and can be used to interpret ambiguous provisions. The court stated that the Preamble reflects the basic features and structure of the Constitution and can guide the interpretation of its provisions.

Therefore, option D is not correct because the Supreme Court has recognized the importance of the Preamble in aiding the interpretation of the Constitution, especially when the language is ambiguous.
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Which one of the following statements with regard to the Preamble to the Constitution of India isnotcorrect?a)The term Secular Democratic Republic was not there in the Preamble originally.b)The Preamble does not represent the basic structure of the Constitution of India.c)By itself, the Preamble is not enforceable in a court of law.d)The Supreme Court has held that the Preamble cannot be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous.Correct answer is option 'D'. Can you explain this answer?
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