Indian Constitution
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Berubari Case

The preamble to the constitution is a key to open the mind of the constitution makers and shows the general purpose for which they made the several provisions in the constitution.

The questions whether the Preamble of the Constitution of India is the part of the Constitution or not is dealt with in two cases i.e. Berubari Case and Kesavananda Bharati Case.

Supreme Court in Beru-Bari Case, 1960 held that the Preamble is not a part of the Constitution of India. Berubari case was the Presidential Reference Under Art. 143(1) of the Constitution of India on the implementation of the Indo-Pak agreement relating to Berubari union and exchange of enclaves. The case is considered by a bench of eight Judges. Justice Gajendragadkar delivered the unanimous opinion of the court.

The Court held that there is no doubt that the declaration made by the people of India in exercise of their sovereign will in the preamble to the Constitution is, in the words of Story, "a key to open the mind of the makers" which may show the general purposes for which they made the several provisions in the Constitution; but nevertheless the preamble is not a part of the Constitution. If the terms used in any of the articles in the Constitution are ambiguous or are capable of two meanings, in interpreting them some assistance may be sought in the objectives enshrined in the preamble

Case Laws MCQs

In which of the following case Supreme Court held that the Preamble of the Constitution is not an integral part of the Indian Constitution?
A. Berubari Case
B. Kesavananda Bharati Case
C. Minerva Mills Case
D. All the above

Answer:

A


In which of the following case Supreme Court held that the Preamble is a part of the Constitution?
A. A.K. Gopalan Case
B. Berubari Case
C. Kesavananda Bharati Case
D. All the above

Answer:

C