Question
Download Solution PDFWhat is the legal nature of the Preamble of the Constitution?
This question was previously asked in
UPPSC Civil Service 2019 Official Paper 1
Answer (Detailed Solution Below)
Option 2 : It is not enforceable
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Download Solution PDFThe 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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