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Eduncle posted an MCQ
October 17, 2019 • 19:59 pm 0 points
  • UGC NET
  • Political Science

In which case was it declared that the Preamble is NOT the part of the Constitution?

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    Eduncle Best Answer

    Preamble as a Part of Constitution ?
     (i) A.K. Gopalan (1950) vs State of Madras in which supreme court's verdict was that - preamble cannot be used for interpretation.
    (ii) In Berubari Case (1960), SC agreed that preamble was the key to the minds of the framers of constitutions and could be used as help for interpretation. Yet preamble was not a part of constitution.
    (iii) Kesavananda Bharti Case (1973), SC opined that preamble is a part of constitution. It does not grant any power but gives a direction and purpose to the constitution which is reflected in Part III and IV.

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