Question

In which of the following case Supreme Court urged that the Preamble can't be amended as it is not a part of the Constitution?

• A. Sajjan singh case
• B. Kesavananda Bharti case
• C. Minerva mill case
• D. Berubari union case

Answer 1

The correct option is D Berubari union case

One of the controversies about the Preamble is as to whether it is a part of the Constitution or not. In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution.