Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:
Consider the passage given below and answer the following question.
The Preamble was enacted by the Constituent Assembly after the rest of the Constitution was already enacted to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly. In the Berubari Case, the Supreme Court opined that Preamble is not a part of the Constitution. But in the Kesavananda Bharati case, the Supreme Court held that the Preamble is an integral part of the Constitution.
Which of the following statement (s) is/are NOT true about the Preamble of our Constitution?
Options:
Preamble is regarded as 'basic structure' of the Constitution.
The principles laid out in the Preamble are used for interpreting provisions of the Constitution that are vague and ambiguous
The Preamble proclaims the rights and freedoms, provisions of which are contained in the Constitution in various parts and clauses aimed “to secure to all its citizens those rights and freedoms”.
None of the above.
Correct Answer:
None of the above.
Explanation:
All options are correct.
The Constitution of India begins with the Preamble affirming its aims, objectives, and the guiding principles. The principles laid out in the Preamble are used for interpreting provisions of the Constitution that are vague and ambiguous. Preamble is the 'basic structure' of the Constitution. The doctrine of 'basic structure' takes away the amendment power of the Parliament with regards to certain features of the Constitution such as democracy, rule of law, secularism, separation of powers and judicial review. Some of these features appear in the Preamble. The Preamble proclaims the rights and freedoms, provisions of which are contained in the Constitution in various parts and clauses aimed “to secure to all its citizens those rights and freedoms”.