CAPF AC PYQ POLITY-2021

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

(a)  The term 'Secular Democratic Republic'was not there in the Preamble originally.

(b) The Preamble contains the basic structure of the Constitution of India. 

(c)  By itself, the Preamble is not enforceable in a court of law.

(d) The Supreme Court has held that the Preamble cannot be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous

 Answer: D

The preamble is based on  Objectives Resolution, which Jawaharlal Nehru authored and moved in the Constituent Assembly on December 13, 1946, and which was accepted by the Constituent Assembly on January 22, 1947.

The Preamble to the Indian Constitution lays out the Constitution's ideas and identifies the sources of its power.

The 42nd Constitutional Amendment Act 1976 changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

 42nd CAA , after the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. As a part of the Constitution, the preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble cannot be amended. Hence the preamble is considered by the constitution as the basic structure of the constitution.

By itself, the Preamble  is not enforceable in a court of law. The Supreme Court has held that the Preamble can be considered as an aid to the legal interpretation of the Constitution, where the language is ambiguous.