Difficulty: Medium
Correct Answer: 1, 2 and 3
Explanation:
Introduction / Context:
This question focuses on the nature and role of the Preamble to the Constitution of India. The Preamble is a brief introductory statement that sets out the ideals, objectives, and basic philosophy of the Constitution. It is often called the identity card of the Constitution. To answer correctly, you must know whether the Preamble is legally enforceable, what objectives it contains, and whether it indicates the ultimate source of constitutional authority.
Given Data / Assumptions:
Concept / Approach:
The Preamble begins with the words We, the people of India, showing that the ultimate authority of the Constitution flows from the people themselves. It then lists objectives such as justice, liberty, equality, fraternity, and securing the dignity of the individual and the unity and integrity of the nation. The Supreme Court has held that while the Preamble is an integral part of the Constitution, it is not directly enforceable in court; it does not confer independent legal rights or obligations. However, it can be used as a guiding light to interpret ambiguous provisions of the Constitution and statutes. Using these principles, we can evaluate each statement.
Step-by-Step Solution:
Step 1: Consider Statement 1. Courts have consistently stated that the Preamble is not a source of enforceable rights by itself. You cannot file a case claiming direct violation of the Preamble alone. Therefore Statement 1, which says the Preamble is not enforceable in a Court of Law, is correct.Step 2: Consider Statement 2. The Preamble clearly lays down objectives like justice, liberty, equality, and fraternity, and notes that the Constitution aims to secure these ideals for all citizens. Hence it does state the objectives that the Constitution seeks to establish and promote. Statement 2 is therefore correct.Step 3: Consider Statement 3. The opening words We, the people of India show that the Constitution derives its authority from the people, not from any external power or monarch. The Preamble thus indicates the source of constitutional authority. Statement 3 is correct as well.Step 4: Since all three statements are correct, the appropriate option is 1, 2 and 3.
Verification / Alternative check:
Important Supreme Court decisions, such as the Kesavananda Bharati case, have described the Preamble as part of the Constitution and a key to its basic structure, but they also make it clear that the Preamble alone does not create directly enforceable rights. They frequently quote the objectives listed in the Preamble and the phrase We, the people to underline democratic sovereignty. Standard polity textbooks echo this by stating that the Preamble is non justiciable, declares the objectives of the Constitution, and indicates its ultimate source, confirming that all three statements are correct.
Why Other Options Are Wrong:
Option 1 and 2 only is wrong because it leaves out Statement 3, even though the Preamble clearly indicates that the Constitution derives its authority from the people of India.
Option 1 and 3 only is incorrect because it ignores Statement 2, despite the obvious role of the Preamble in setting out the objectives of justice, liberty, equality, and fraternity.
Option 2 only is clearly wrong because it excludes the vital facts that the Preamble is non enforceable and that it declares the people as the source of authority, both of which are well established in constitutional law.
Common Pitfalls:
Some candidates mistakenly think that because the Preamble is described as a part of the Constitution, it must be directly enforceable, which leads them to doubt Statement 1. Others may not recognise that the phrase We, the people is legally significant and shows the source of authority, causing them to dismiss Statement 3. To avoid such mistakes, remember that the Preamble guides interpretation but does not itself provide a cause of action, and that it is the people of India who give the Constitution its legitimacy as reflected in the opening words.
Final Answer:
All three statements are correct, so the right answer is 1, 2 and 3.
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