Minimalist IAS
Prelims 2020 paper

UPSC CSE Prelims 2020 · Question 16 · Making of the Constitution, Preamble & features

The Preamble to the Constitution of India is

The Preamble to the Constitution of India is

Answer & explanation

Answer: (d) a part of the Constitution but has no legal effect independently of other parts

In Kesavananda Bharati (1973) the Supreme Court held that the Preamble is a part of the Constitution. But it is non-justiciable: it neither grants nor limits powers on its own, and is used to interpret the other provisions, so it has no legal effect independently of them.

  • ✓ (d) The Preamble is part of the Constitution but cannot be enforced in a court by itself; its force comes through helping courts read ambiguous provisions.
  • ✗ (b) The 1960 Berubari opinion had said the Preamble was not part of the Constitution, but Kesavananda Bharati (1973) overruled that view.
  • ✗ (c) It does not carry the same force as operative articles: it cannot override specific provisions, and where the two conflict, the provisions prevail.

Remember · Preamble: part of the Constitution (Kesavananda Bharati, 1973), amendable without touching the basic structure, amended once (42nd Amendment, 1976), non-justiciable, an aid to interpretation.

Sources

  • Institute of Secretariat Training and Management (ISTM), Study material on the Constitution of India ↗ “The Supreme Court in the Kesavananda Bharati Vs State of Kerala (1973) case overruled its earlier decision of 1960 and made it clear that it is a part of the Constitution … The Preamble is non-justiciable in nature, like the Directive Principles of State Policy, and cannot be enforced in a court of law. It can neither provide substantive power (definite and real power) to the three organs of the State, nor limit their powers”

Question and answer: UPSC's official GS Paper I (2020, Series A) — paper ↗ · answer key ↗. Explanation: Minimalist IAS, checked 30 Sept 2026 (how we verify). ·

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