CAPF AC 2021 Q73: Indian Polity – Constitutional Framework & Development
- (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 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.
Explanation
The Preamble
How to think: test each statement against three facts: what the 42nd Amendment added, what the Supreme Court said in Kesavananda Bharati, and whether the Preamble is enforceable.
| Statement | Verdict | Reason |
|---|---|---|
| The term Secular Democratic Republic was not there originally | True | Originally Sovereign Democratic Republic; Socialist and Secular were added in 1976 |
| The Preamble contains the basic structure | True | Its ideals are treated as basic features in Kesavananda Bharati (1973) |
| By itself not enforceable in a court | True | It is not a source of power or of rights |
| The Court held it cannot be an aid to interpretation where language is ambiguous | False | The Court held the opposite |
The correct position: in Kesavananda Bharati (1973) the Supreme Court held that the Preamble is a part of the Constitution.
It can be used as a key to interpret provisions whose language is ambiguous.
Earlier, in Berubari (1960), the Court had said it was not a part of the Constitution.
Answer: (d).
Why each option is right or wrong
- (a) Incorrect. This is true: Secular was added by the 42nd Amendment in 1976.
- (b) Incorrect. This is true: the Preamble's ideals reflect the basic structure.
- (c) Incorrect. This is true: the Preamble is not enforceable on its own.
- (d) CORRECT. This is wrong: the Court held the Preamble can guide interpretation of ambiguous provisions.
Key point
Berubari (1960): Preamble not part of the Constitution. Kesavananda Bharati (1973): it is a part, can be amended without damaging basic features, and aids interpretation. 42nd Amendment (1976): added Socialist, Secular and Integrity. Not enforceable in court.
Remember
Preamble: part of the Constitution, aid to interpretation, not enforceable.
Common mistakes
- Stopping at Berubari (1960) and forgetting that Kesavananda Bharati reversed it.
- Thinking the Preamble is enforceable because it is part of the Constitution.
- Missing the word cannot in statement (d), which reverses the real ruling.
Exam tip
Educated guess: the Preamble is called the key to the minds of the makers. A key that cannot be used when the text is unclear would be pointless, so (d) must be the wrong statement.
Sources
- Kesavananda Bharati v. State of Kerala (1973) and In re Berubari Union (1960), Supreme Court of India
- NCERT Class XI Political Science — Indian Constitution at Work, Chapter 10: The Philosophy of the Constitution