What is the legal nature of the Preamble of the Constitution?

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UPPSC Civil Service 2019 Official Paper 1
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  1. It is enforceable 
  2. It is not enforceable 
  3. It may be enforced in special circumstances
  4. None of the above 

Answer (Detailed Solution Below)

Option 2 : It is not enforceable 
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Detailed Solution

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The correct answer is It is not enforceable.

Key Points

  • The Preamble of our constitution is part of the Constitution but is not enforceable by courts.
  • This means that courts cannot pass orders against the government of India to implement the ideas in the Preamble.
  • The courts can take support to the Preamble in order to explain and clarify other provisions of the constitution.

Important Points

  • The Preamble is an opening statement, stating the aims and objectives of the constitution.
  • Accordingly, the preamble to the Indian constitution spells out the basic philosophy contained in the body of the Indian Constitution.
  • The Preamble, in brief, explains the purposes of the Constitution in two ways: one, about the structure of the governance, and the other, about the ideals to be achieved in independent India.
  • It is because of this, the Preamble is considered to be the key to the Constitution.
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