SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-3

  • question_answer
    Which one of the following statements regarding the Preamble is correct?

    A)  It is not enforceable in a Court of law

    B)  The Supreme Court has recently ruled that it is not a part of the Constitution

    C)  It has been amended twice

    D)  All the above are correct

    Correct Answer: A

    Solution :

    [a] The Preamble of our constitution is part of the Constitution but is NOT enforceable by courts. Preamble is NON-Justifiable. This means that courts cannot pass orders against the government in India to implement the ideas in the Preamble. The courts can take recourse to the Preamble in order to explain and clarify other provisions of the constitution. This view was given by the Supreme Court in the Berubari Union Case 1960 and Kesavand Bharti Case 1973. KM Munshi quoted Preamble as "Political Hosrocope". Thakurdas Bhargav quoted Preamble as "Soul of the Constitution". NA Palkhiwala called it the identity card of the constitution. The preamble has been amended only once so far. On 18 December 1976, 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"

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