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Q73 (CAPF/2021) Polity & Governance › Preamble, Union & Territory, Citizenship › Preamble legal status Answer Verified

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

Result
Your answer: —  Â·  Correct: D
Explanation

Statement 4 is incorrect because the Supreme Court has consistently held that the Preamble serves as a key to the minds of the Constitution's makers and can be used as an aid to interpretation when the language of an article is ambiguous or capable of multiple meanings [3]. Statement 1 is correct as the words 'Socialist' and 'Secular' were added by the 42nd Amendment Act in 1976; originally, the phrase was 'Sovereign Democratic Republic' [2]. Statement 2 is correct because the Kesavananda Bharati case established that the Preamble contains basic elements or fundamental features that form the 'basic structure' of the Constitution [2]. Statement 3 is correct as the Preamble is non-justiciable and not enforceable in a court of law. Therefore, the assertion that the Court rejected the Preamble as an interpretive aid is false.

Sources

  1. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > PREAMBLE AS PART OF THE CONSTITUTION > p. 47
  2. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
  3. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
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