Consider the following statements regarding the legal status of the Preamble to the Constitution of India:
1. In the Berubari Union case (1960), the Supreme Court held that the Preamble is an essential part of the Constitution.
2. In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is a part of the Constitution and can be amended under Article 368.
Which of the statements given above is/are correct?

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Accepted Answer

In the Berubari Union case (1960), the Supreme Court ruled that the Preamble is not a part of the Constitution. However, in the landmark Kesavananda Bharati case (1973), the Supreme Court rejected its earlier opinion and held that the Preamble is indeed a part of the Constitution and is subject to the amending power of the Parliament under Article 368, provided the basic structure is not destroyed. This was also reaffirmed in the S.R. Bommai case (1994).

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