Constitution GK

Berubari Case

Berubari Case:

Berubari Case
The preamble to the Constitution of India is an introductory statement that sets out the guiding purpose and principles of the document. The Constitution of India opens with the preamble which contains the essence of the entire constitution. But whether the preamble is an integral part of the Indian Constitution or not was dealt with in two cases – Berubari case and Kesavananda Bharti case.

Berubari case (1960)- In the Berubari case the Supreme Court of India declared that the preamble is not an integral part of the Indian constitution. Therefore it is not enforceable in a court of law [verdict given by Justice Gajendragadkar].

Kesavananda Bharati case (1973) – In Kesavananda Bharati case the Supreme Court of India rejected the above verdict and declared preamble to be a part of the Constitution of India and that where differing interpretations present themselves the preamble may be used to interpret ambiguous areas of the constitution .

In the Union Government Vs LIC of India case (1995) also, the Supreme Court has once again held that Preamble is an integral part of the Constitution.

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