Whether the Preamble Is Part of the Constitution (Berubari Case, Kesavananda Bharati Case)
Indian Polity › Preamble · Topic 4.6
In the Berubari case (1960) the Supreme Court said the Preamble is not a part of the Constitution; in the Kesavananda Bharati case (1973) and the LIC case (1995) it held that it is. The Preamble is non-justiciable.
5 min read · UPSC Prelims · Polity · Preamble
At a Glance
- What it is The question whether the Preamble forms part of the Constitution
- Berubari Union case (1960) Preamble is a key to the minds of the makers, but is not a part of the Constitution
- Kesavananda Bharati case (1973) Preamble is a part of the Constitution
- LIC of India case (1995) Preamble is an integral part of the Constitution
- Nature Neither a source of power nor a prohibition; non-justiciable
- Exam link UPSC Prelims, Polity: Preamble
Where Does It Fit?
The earlier topics described the contents of the Preamble. This topic asks about its legal status, which the Supreme Court changed between 1960 and 1973.
What Did the Berubari Case (1960) Say?
In the Berubari Union case (1960), a reference made by the President under Article 143 on the implementation of the Indo-Pakistan agreement of 1958 relating to the Berubari Union and exchange of enclaves, 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. Where the terms used in an article are ambiguous or capable of more than one meaning, some assistance in interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of its significance, the Court specifically opined that the Preamble is not a part of the Constitution.
What Did the Kesavananda Bharati Case (1973) Say?
In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that the Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and that the Constitution should be read and interpreted in the light of the grand and noble vision expressed in it. In the LIC of India case (1995), the Supreme Court again held that the Preamble is an integral part of the Constitution.
| Case | Year | Holding on the status of the Preamble |
|---|---|---|
| Berubari Union | 1960 | Key to the minds of the makers; not a part of the Constitution |
| Kesavananda Bharati | 1973 | A part of the Constitution; the earlier opinion was wrong |
| LIC of India | 1995 | An integral part of the Constitution |
How Did the Constituent Assembly View It?
Like any other part of the Constitution, the Preamble was enacted by the Constituent Assembly, but after the rest of the Constitution had been enacted, so that it would be in conformity with the Constitution as adopted. While forwarding it for votes, the President of the Constituent Assembly said, “The question is that Preamble stands part of the Constitution.” The motion was then adopted. The current opinion of the Supreme Court is therefore in consonance with the opinion of the founding fathers.
What Else Did the Berubari Case Decide?
The Berubari reference arose because the Central Government’s decision to cede part of the Berubari Union (West Bengal) to Pakistan led to political agitation and controversy. The Supreme Court held that Parliament’s power under Article 3 to diminish the area of a state does not cover the cession of Indian territory to a foreign country; Article 3 deals with the internal adjustment of territories of the constituent states. Indian territory can be ceded to a foreign state only by an amendment of the Constitution under Article 368, altering the First Schedule. The 9th Constitutional Amendment Act (1960) was then enacted to give effect to the transfer of the Berubari Union to Pakistan under the Indo-Pakistan (Nehru-Noon) Agreement of 1958.
What Are the Limits of the Preamble?
Two things should be noted. First, the Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature. Second, it is non-justiciable: its provisions are not enforceable in courts of law.
Why Is This Topic Important?
- A settled question The status of the Preamble is a case-based question that can be asked directly
- Interpretation Even when the Berubari case denied it the status of a part, the Preamble could still help interpret ambiguous terms
What Came Next?
The next and last topic of this category asks whether, as a part of the Constitution, the Preamble can be amended.
Key People and Terms
- Berubari Union case (1960) Reference under Article 143; Preamble not a part
- Kesavananda Bharati case (1973) Preamble is a part
- LIC of India case (1995) Preamble is an integral part
- Key to the minds of the makers The Berubari description of the Preamble
- Non-justiciable Not enforceable in courts
Exam Corner
Points to Remember
- Berubari (1960): not a part. Kesavananda (1973): a part. LIC (1995): integral part.
- Berubari was a reference under Article 143.
- The Preamble was enacted after the rest of the Constitution.
- It is neither a source of power nor a prohibition on the legislature.
- It is non-justiciable.
Do Not Confuse With
- Berubari and Kesavananda Berubari said the Preamble is not a part; Kesavananda said it is a part
- Source of power and aid to interpretation The Preamble does not give power, but helps interpret ambiguous terms
- Part of the Constitution and justiciable Being part of the Constitution does not make its provisions enforceable
Memory Hook
Berubari: not a part. Kesavananda: a part. LIC: integral. Always non-justiciable.
Mains Angle
Questions on this topic ask how the Supreme Court changed its view and what the Preamble can do. Use these points to add depth.
- A change of position The Court reversed the Berubari opinion in Kesavananda Bharati
- Interpretation The Constitution is to be read in the light of the vision of the Preamble
- Consonance with the Assembly The Assembly voted that the Preamble stands part of the Constitution
- Limits It neither gives power nor prohibits, and cannot be enforced in court
A Question You May Face
An original practice question, not a past paper question.
“Trace the Supreme Court’s changing view on whether the Preamble is a part of the Constitution.”
How to Answer
- Introduction The question and its importance.
- Berubari and Kesavananda Holdings of 1960 and 1973; LIC in 1995.
- Assembly view Enactment last; the motion that the Preamble stands part.
- Conclusion A part, but non-justiciable and not a source of power.
GS Relevance
Frequently Asked Questions
Is the Preamble a part of the Constitution?
Yes. The Supreme Court held in the Kesavananda Bharati case of 1973 that the Preamble is a part of the Constitution, and in the LIC of India case of 1995 that it is an integral part. This reversed the opinion expressed in the Berubari Union case of 1960.
What did the Berubari case say about the Preamble?
In the Berubari Union case of 1960 the Supreme Court said the Preamble shows the general purposes behind the provisions and is a key to the minds of the makers of the Constitution, and can help interpret ambiguous terms, but it is not a part of the Constitution.
What was the Berubari case about?
The Berubari Union case was a reference made by the President to the Supreme Court under Article 143 in 1960, on the implementation of the Indo-Pakistan agreement of 1958 relating to the Berubari Union and the exchange of enclaves.
What did the Kesavananda Bharati case say about the Preamble?
In the Kesavananda Bharati case of 1973 the Supreme Court rejected its earlier opinion and held that the Preamble is a part of the Constitution. It said the Preamble is of extreme importance and the Constitution should be read in the light of the vision it expresses.
Why was the Preamble enacted at the end?
The Preamble was enacted after the rest of the Constitution to ensure it was in conformity with the Constitution as adopted. The President of the Constituent Assembly put the question that the Preamble stands part of the Constitution, and the motion was adopted.
Is the Preamble a source of power for the legislature?
No. The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature. It is also non-justiciable, so its provisions cannot be enforced in courts of law.
What did the LIC of India case decide?
In the LIC of India case of 1995 the Supreme Court again held that the Preamble is an integral part of the Constitution, confirming the position taken in the Kesavananda Bharati case of 1973 and the opinion of the founding fathers.
Can the Preamble help in interpreting the Constitution?
Yes. Where the terms used in an article are ambiguous or capable of more than one meaning, some assistance in interpretation may be taken from the objectives enshrined in the Preamble. The Constitution should be read in the light of the vision expressed in it.
PYQ Practice — Statement Analysis
1 In the Berubari Union case (1960), the Supreme Court held that the Preamble is a part of the Constitution.
It held that the Preamble is not a part of the Constitution, though it is a key to the minds of the makers.
2 In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is a part of the Constitution.
The Court rejected its earlier opinion.
3 The Preamble is enforceable in courts of law.
It is non-justiciable.
4 The Berubari Union case was a reference made by the President under Article 143.
It related to the Indo-Pakistan agreement of 1958 on the Berubari Union and the exchange of enclaves.
5 The Preamble is a source of power to the legislature.
It is neither a source of power to the legislature nor a prohibition upon its powers.
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