The Preamble to the Constitution of India is
Correct Answer: Option D
The Preamble is a brief introductory statement of the Constitution, outlining its guiding purpose, principles, and philosophy. It reflects the vision of the constitution makers.
The Preamble is based on the Objectives Resolution, drafted and moved by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946.
Initially, the Supreme Court in the Berubari Case (1960) stated that the Preamble was not an integral part of the Constitution and thus not enforceable in a court of law.
However, in the Kesavananda Bharati case (1973), the Supreme Court overruled its earlier decision, recognizing that the Preamble could be used to interpret ambiguous areas of the Constitution. The court reiterated that the objectives in the Preamble form a part of the Basic Structure of the Indian Constitution.
In the Union Government vs LIC of India case (1995), the Supreme Court again held that the Preamble is an integral part of the Constitution.
While the Preamble is not legally binding in itself and a law cannot be struck down solely for violating it, it serves as a guiding star for interpreting constitutional provisions. The Supreme Court has affirmed this in several decisions.
For example, the term 'secular' in the Preamble is substantiated under Part III (Fundamental Rights), a basic feature of the Constitution. A law violating the 'secular' character would be considered violative of Fundamental Rights, not just the Preamble. Therefore, the Preamble has no independent legal effect in such a case.
While not an essential part of ordinary statutes, nor having legal effect independent of other parts, it is an essential part of Constitutional Law.
Hence, option (d) is the correct answer.
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