Q. With reference to the Preamble of Indian constitution, consider the following statements:
1. It is a source of power for the legislature and the executive.
2. It can be used by the Judiciary for a legal interpretation of the constitution.
3. It has no legal effect independently of other parts of the Constitution.
4. It shall be enforceable by the courts in India.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Preamble reflects the dreams and aspirations of the founding fathers of the Constitution. Preamble is regarded as the proper yardstick with which one can measure the worth of the Constitution.
Statement 1 is incorrect: The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. The Preamble indicates only the aspirations and goals of the Constitution.
Statement 2 is correct: It is true that preamble can be used for the legal interpretation of the constitution. The Supreme court in Kesavananda Bharati case held that the preamble is of extreme importance and the constitution should be interpreted in the light of noble vision enshrined in the preamble.
Statement 3 is correct: It is true that preamble has no legal effect independently of other parts as Preamble simply serves as the identity card of the whole constitution. It means unless the word mentioned in the preamble finds expression in any other enforceable parts such as Fundamental rights, it will not have any legal effect.
Statement 4 is incorrect: Preamble is neither enforceable nor justifiable in a court of law. This implies that courts cannot pass orders against the government to implement the ideas enshrined in the Preamble.
