. The Preamble to the Constitution of India is -
1) a part of the Constitution but has no legal effect
2) not a part of the Constitution and has no legal effect either
3) a part of the Constitution and has the same legal effect as any other part
4) a part of the Constitution but has no legal effect independently of other parts
Answers
Answer:
The Preamble to the Constitution of India is a brief introductory statement that sets out guidelines, which guide the people of the nation, and to present the principles of the Constitution, and to indicate the source from which the document derives its authority, and meaning[1]. It reflects the hopes and aspirations of the people. The preamble can be referred to as the preface which highlights the entire Constitution. It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic day in India. Preamble was made in 1947 but adopted in 1949.
Explanation:
The Supreme Court of India originally stated in the Berubari case presidential reference[6] 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, over-ruled earlier decisions and recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. 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.
As originally enacted the preamble described the state as a "sovereign democratic republic", to which the terms "Secular" and "Socialist" were later passed by a Captive Parliament during The Emergency in the 42nd Amendment.[7]
The preamble-page, along with other pages of the original Constitution of India, was designed and decorated by the renowned painter Beohar Rammanohar Sinha of Jabalpur who was at Shantiniketan with Acharya Nandalal Bose at that time. Nandalal Bose endorsed Beohar Rammanohar Sinha's artwork without any alteration whatsoever. As such, the page bears Beohar Rammanohar Sinha's short signature Ram in Devanagari lower-right corner. The calligraphy was done by Prem Behari Narain Raizada.
The preamble was amended only once on 18 December 1976, with most of the opposition being jailed during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. Through this amendment, the words "socialist" and "secular" were added between the words "Sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".[7]