UPSC Prelims 2020 question on Preamble Legal Status

The Preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles, and philosophy of the Indian Constitution. It is the thinking and soul of Constitution makers and the Constituent Assembly.

The Supreme Court of India originally stated in the Berubari Case (1960) presidential reference that the preamble is not an integral part of the Indian constitution, and therefore it is not enforceable in a court of law.

However, the same court, in the 1973 Kesavananda case, overruled earlier decisions and recognized that the preamble may be used to interpret ambiguous areas of the constitution. The Supreme Court in the Kesavananda case reiterated that the objectives given in the Preamble form a part of the Basic Structure of the Indian Constitution. In the 1995 case of Union Government vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Constitution.

The Preamble is not a legally binding document. No law can be struck down if it is found to violate the Preamble only. But its importance lies in its role as a guiding star for interpretation.

Hence option (d) — a part of the Constitution but has no legal effect independently of other parts — is the correct answer.