Which case/s emphasized that Preamble is part of the Constitution?

1) Kesavananda Bharati Case

2) LIC of India Case

3) Golakhnath Case

4) Berubari Union Case

a. 1

b. 1, 2

c. 1, 2, 4

d. All of the above

ANSWER: 1, 2

Explanation:

While forwarding the Preamble for votes, the president of the Constituent Assembly said, ‘The question is that Preamble stands part of the Constitution’. The motion was then adopted.

In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution.

But Preamble is not a part of the Constitution.

In the Kesavananda Bharati case (1973), the Supreme Court said that Preamble is a part of the Constitution.

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

Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly.

But the Preamble is not a source of power for the legislature nor a prohibition on the legislature’s powers.

It is non-justiciable and cannot be enforced by any court of law.

Question of amending the Preamble first came up during Kesavananda Bharati case (1973).

SC allowed amending the preamble under article 368, as long as the basic structure of the constitution is not touched.