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Which among the following judgements ruled that the Preamble was not a part of the Constitution?

  • a)
    Gopalan Case, 1950

  • b)
    Berubari Case, 1960

  • c)
    LIC Case, 1995

  • d)
    S. R Bommai Case, 1994

Correct answer is option 'B'. Can you explain this answer?
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Which among the following judgements ruled that the Preamble was not a...
The correct answer is option 'B' - Berubari Case, 1960.

Explanation:

The Berubari Case of 1960 was a landmark judgement by the Supreme Court of India that dealt with the question of the constitutional status of the Preamble. The case arose out of a dispute between India and Pakistan over the ownership of the Berubari Union of West Bengal.

The Indian government sought to transfer the Berubari Union to Pakistan under the Nehru-Noon Agreement of 1958. However, the transfer required an amendment to the Indian Constitution, which would have affected the territorial integrity of India. The amendment was challenged in the Supreme Court on the grounds that it violated the basic structure of the Constitution.

In its verdict, the Supreme Court held that the Preamble was not a part of the Constitution and therefore, it could be amended without affecting the basic structure of the Constitution. The court held that the Preamble was a mere introductory statement and did not confer any rights or impose any obligations.

The court observed that the Preamble was not a source of power or an instrument of limitation, but merely a key to understanding the Constitution. The court also held that the Preamble was not enforceable in a court of law and did not confer any justiciable rights.

This judgement had far-reaching implications for the interpretation of the Indian Constitution. It established the principle that the Preamble was not a part of the Constitution and therefore, it could be amended without affecting the basic structure of the Constitution. However, this view has been challenged in subsequent judgements, such as the Kesavananda Bharati case of 1973, which held that the Preamble was a part of the Constitution and formed an integral part of its basic structure.
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Which among the following judgements ruled that the Preamble was not a...
The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic case of Kesavananda Bharati (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’.
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Which among the following judgements ruled that the Preamble was not a part of the Constitution?a)Gopalan Case, 1950b)Berubari Case, 1960c)LIC Case, 1995d)S. R Bommai Case, 1994Correct answer is option 'B'. Can you explain this answer?
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