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Consider the following statements in the context of the Preamble as part of the Indian
Constitution:
In the Berubari Union Case (1960), Supreme Court held that Preamble is the source of interpretation of the provisions of the constitution.
In the LIC of India Case (1995), Supreme Court held that the Preamble is an integral part of the Constitution.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements in the context of the Preamble as p...
- In the Berubari Union case (1960), Supreme Court recognized the significance of the Preamble. Supreme Court mentioned that assistance from Preamble could be taken in the interpretation of articles that are ambiguous or capable of more than one meaning. Hence statement 1 is correct.
- It also mentioned that Preamble shows general purposes behind several provision in the constitution and is thus a key to the minds of the makers of the constitution. However, Supreme Court specifically mentioned that the Preamble is not a part of the constitution.
- In Kesavananda Bharati Case (1973), Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution. It observed that Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. The Supreme Court also held that the Preamble could be amended as long as basic features of the Constitution enshrined in the Preamble are not amended.
- In the LIC of India Case (1995) also, Supreme Court again held that the Preamble is an integral part of the constitution. Hence statement 2 is correct.
Community Answer
Consider the following statements in the context of the Preamble as p...
Explanation:
The Preamble of the Indian Constitution is a concise statement that outlines the objectives and aspirations of the Constitution. It serves as an introduction to the Constitution and provides guidance for its interpretation and implementation. The Preamble has been subject to interpretation by the Supreme Court in various cases.
Statement 1: In the Berubari Union Case (1960), the Supreme Court held that the Preamble is the source of interpretation of the provisions of the Constitution.
In this case, the dispute was regarding the transfer of certain territories between India and Pakistan. The Supreme Court examined the Preamble and held that it is a key to understanding the spirit and purpose of the Constitution. The Court stated that the Preamble is an aid to interpretation and can help in resolving ambiguities or conflicts in the provisions of the Constitution. Therefore, statement 1 is correct.
Statement 2: In the LIC of India Case (1995), the Supreme Court held that the Preamble is an integral part of the Constitution.
In this case, the Supreme Court was examining the constitutional validity of the government's decision to privatize the Life Insurance Corporation of India (LIC). The Court emphasized the significance of the Preamble and held that it is an integral part of the Constitution. The Court stated that the Preamble contains the basic structure and fundamental principles of the Constitution. Therefore, statement 2 is correct.
Conclusion: Both statements 1 and 2 are correct. The Supreme Court has recognized the importance of the Preamble in interpreting the provisions of the Constitution and has considered it as an integral part of the Constitution. The Preamble serves as a guiding light for the interpretation and implementation of the Constitution and helps in understanding the underlying principles and values of the Indian polity.
The Preamble of the Indian Constitution is a concise statement that outlines the objectives and aspirations of the Constitution. It serves as an introduction to the Constitution and provides guidance for its interpretation and implementation. The Preamble has been subject to interpretation by the Supreme Court in various cases.
Statement 1: In the Berubari Union Case (1960), the Supreme Court held that the Preamble is the source of interpretation of the provisions of the Constitution.
In this case, the dispute was regarding the transfer of certain territories between India and Pakistan. The Supreme Court examined the Preamble and held that it is a key to understanding the spirit and purpose of the Constitution. The Court stated that the Preamble is an aid to interpretation and can help in resolving ambiguities or conflicts in the provisions of the Constitution. Therefore, statement 1 is correct.
Statement 2: In the LIC of India Case (1995), the Supreme Court held that the Preamble is an integral part of the Constitution.
In this case, the Supreme Court was examining the constitutional validity of the government's decision to privatize the Life Insurance Corporation of India (LIC). The Court emphasized the significance of the Preamble and held that it is an integral part of the Constitution. The Court stated that the Preamble contains the basic structure and fundamental principles of the Constitution. Therefore, statement 2 is correct.
Conclusion: Both statements 1 and 2 are correct. The Supreme Court has recognized the importance of the Preamble in interpreting the provisions of the Constitution and has considered it as an integral part of the Constitution. The Preamble serves as a guiding light for the interpretation and implementation of the Constitution and helps in understanding the underlying principles and values of the Indian polity.
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Consider the following statements in the context of the Preamble as part of the IndianConstitution: In the Berubari Union Case (1960), Supreme Court held that Preamble is the source of interpretation of the provisions of the constitution. In the LIC of India Case (1995), Supreme Court held that the Preamble is an integral part of the Constitution. Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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