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Option 4 : 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.
The correct answer is 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.
- The preamble is based on Jawaharlal Nehru's Objectives Resolution, which he 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 Constituent Assembly passed it on November 26, 1949, and it went into effect on January 26, 1950, India's Republic Day.
- The 42nd Amendment 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". Hence option 1 is correct.
- 42nd Amendment Act, 1976: 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.Hence option 2 is correct.
- By itself, the Preamble is not enforceable in a court of law. Hence statement 3 is correct.
- 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. Hence option 4 is incorrect.
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