Supreme Court Ruling on Preamble as Part of Constitution
The question asks to identify the Supreme Court case where it was held that the 'Preamble is the part of the constitution'. This landmark decision clarified the status of the Preamble within the Indian constitutional framework.
Key Case: Kesavananda Bharati v/s State of Kerala
In the significant case of Kesavananda Bharati v/s State of Kerala (1973), the Supreme Court definitively ruled that the Preamble is a part of the Constitution. This judgment upheld the Preamble's importance and its integral role in interpreting the Constitution.
Context of Previous Rulings
While the Berubari Union case (1960) initially suggested the Preamble was not a part of the Constitution, the Supreme Court revisited this position in later cases. The ruling in Kesavananda Bharati v/s State of Kerala solidified the view that the Preamble is indeed an essential component of the Constitution, alongside establishing the basic structure doctrine.
Conclusion
Therefore, the Supreme Court held that 'the preamble is the part of the constitution' in the case of Kesavananda Bharati v/s State of Kerala.
Important Questions from Constitution Law
- Clause(5) of article-15 has been added to the constitution by :
- Rights of a citizen under Article-19 are automatically suspended during the period of emergency, if emergency under Article-352 is declared on the grounds of :
- In which of the following cases the supreme court has held that the word 'law' in Article-21 does not mean merely an enacted piece of law but must be just, fair and reasonable law ?
- Which cannot be done directly, cannot be done indirectly.' – This statement epitomises the doctrine of :
- Which of the following statements is/are correct ?
(i) When the court declares certain provisions of the Act as invalid and affects the validity of that Act, this principle is known as Doctrine of Severability.
(ii) It is the perspective character of Article 13(1) which gives rise to the Doctrine of Eclipse.
(iii) The American doctrine of waiver of Fundamental Rights is part of the Indian Constitution.
(iv) The doctrine of perspective overruling was not applied in I.C. Golaknath vs State of Punjab.
Choose the correct answer from the code given below :
