SSC Indian Polity and Civics Sample Paper NCERT Sample Paper-6

  • question_answer
    In which case did the Supreme Court hold that the Preamble was not a part of the Constitution?
    (I) Berubari Case
    (II) Golak Nath Case
    (III) Keshavananda Bharati Case
    (IV) None of the above

    A)  I and III           

    B)  II, III and IV

    C)  I and IV           

    D)  I, II, III and IV

    Correct Answer: A

    Solution :

    [a] The vexed question whether the Preamble is a part of the Constitution or not was dealt with in two leading cases on the subject: 1. Berubari case and 2. Kesavananda Bharti case. 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 which come up for consideration by a bench consisting of eight judges headed by B.P. Sinha, C.J. Justice Gajendra gadkar delivered the unanimous opinion of the court. Quoting story, the eminent Constitutional jurist, the court held that the Preamble to the Constitution containing the declaration made by the people of India in exercise of their sovereign will, no doubt is "a key to open the minds of framers of the Constitution" 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. Kesavanada Bharati Case has created a history. For the first time, a bench of 13 Judges assembled and sat in its original jurisdiction hearing the writ petition. 13 Judges placed on record 11 separate opinions. It is not an easy task to find out the ratio of the holding of the court in the same case. It was held in this case: [a] That the Preamble to the Constitution of India is a part of Constitution [b] That the Preamble is not a source of power nor a source of limitations [c] The Preamble has a significant role to play in the interpretation of statues, also in the interpretation of provisions of the Constitution.

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