PREAMBLE AS PART OF THE CONSTITUTION

 

Berubari Union case (1960) Supreme Court specifically opined that Preamble is not a part of the Constitution
Kesavananda Bharati case (1973) held that Preamble is a part of the Constitution
LIC of India case (1995) the Supreme Court again held that the Preamble is an integral part of the Constitution
STATUS OF PREAMBLE
  • Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly; but, after the rest of the Constitution was already enacted(INDEPENDENT)
  • The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature
  • It is non-justiciable, that is, its provisions are not enforceable in courts of law.
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