Question

Originally Preamble was not considered as a part of constitution. But the Supreme Court held that it was a part of Constitution. The Supreme Court gave this verdict in which of the following case ?

• A. Kesavananda Bharati vs State of Kerala
• B. Golak Nath vs State of Punjab
• C. Minerva Mills vs Union of India
• D. A.K. Gopalan vs State of Madras

Answer 1

Answer:

A. Kesavananda Bharati vs State of Kerala

Evolution of the Preamble's Status in the Supreme Court

• The status of the Preamble as a part of the Indian Constitution has been a subject of significant legal debate, addressed through several landmark judgments.

Berubari Union Case (1960)

• In the Berubari Union case (1960), the Supreme Court originally held that the Preamble is not a part of the Constitution.

• The Court stated that while the Preamble serves as a key to open the minds of the makers, it is not a source of any substantive power.

Kesavananda Bharati vs State of Kerala (1973)

• In the historic Kesavananda Bharati case (1973), a 13-judge Bench (the largest-ever Bench) rejected the earlier opinion and held that the Preamble is an integral part of the Constitution.

• The Court observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in it.

• This judgment also introduced the famous Basic Structure Doctrine, ruling that the Preamble can be amended under Article 368, but its 'basic features' cannot be destroyed.

LIC of India Case (1995)

• In the LIC of India case (1995), the Supreme Court once again reiterated that the Preamble is an integral part of the Constitution.

• The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature.

• It is non-justiciable, meaning its provisions are not enforceable in any court of law.

• The Preamble has been amended only once so far, by the 42nd Constitutional Amendment Act (1976), which added three new words: Socialist, Secular, and Integrity.