Preamble is part of the Constitution-Kesavananda Bharati Case
Q. Which case/s emphasized that Preamble is part of the Constitution?
1) Kesavananda Bharati Case
2) LIC of India Case
3) Golakhnath Case
4) Berubari Union Case- Published on 15 Feb 17a. 1
b. 1, 2
c. 1, 2, 4
d. All of the above
ANSWER: 1, 2
- While forwarding the Preamble for votes, the president of the Constituent Assembly said, ‘The question is that Preamble stands part of the Constitution’. The motion was then adopted.
- In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution.
- But Preamble is not a part of the Constitution.
- In the Kesavananda Bharati case (1973), the Supreme Court said that Preamble is a part of the Constitution.
- In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.
- Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly.
- But the Preamble is not a source of power for the legislature nor a prohibition on the legislature’s powers.
- It is non-justiciable and cannot be enforced by any court of law.
- Question of amending the Preamble first came up during Kesavananda Bharati case (1973).
- SC allowed amending the preamble under article 368, as long as the basic structure of the constitution is not touched.
