CLAT Sample Paper CLAT Sample Paper-8

  • question_answer
    In which case the Supreme Court held that the preamble is not the part of the Constitution?

    A)  AK Gopalan case          

    B)         Berubari case   

    C)         Minerva Mills case         

    D)         AK Antony case

    Correct Answer: B

    Solution :

    That the preamble is not an integral part of the Indian Constitution was first decided upon by the Supreme Court of India in the Beru Ban Case. Therefore it is not enforceable in a court of law. However, the Supreme Court of India has in the Kesavananda case, recognized that the preamble may be used to interpret ambiguous areas of the Constitution where differing interpretations present themselves. In the 1995 case of Union Government vs UC of India also the Supreme Court has once again held that the Preamble is an integral part of the Constitution.

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