2020 GS Paper I, all questions

UPSC Prelims 2020 · GS Paper I

Question 16: Polity and Governance

The Preamble to the Constitution of India is

aa part of the Constitution but has no legal effect
bnot a part of the Constitution and has no legal effect either
ca part of the Constitution and has the same legal effect as any other part
da part of the Constitution but has no legal effect independently of other parts

AnswerUPSC’s answer is (d).

In Kesavananda Bharati (1973) the Supreme Court held that the Preamble is part of the Constitution, departing from the Berubari Union view of 1960. But it is neither a source of power nor a limit on it, and it cannot override specific provisions or be enforced on its own. It guides interpretation where the text is ambiguous. So it is part of the Constitution without independent legal force.

Why each option is right or wrong
  • (a) Wrong: it has legal effect as an aid to interpretation.
  • (b) Wrong: the Court has held it is part of the Constitution.
  • (c) Wrong: it is not enforceable like an operative provision and cannot override one.
  • (d) Right: part of the Constitution, but no force independent of other provisions.

Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.

Source: UPSC, Civil Services (Preliminary) Examination 2020, General Studies Paper I, Series A. The paper on upsc.gov.in.