Question

In which of the following cases did the Supreme Court of India hold that the Preamble is \(\textit{not}\) part of the Constitution?

• A. In re: The Kerala Education Bill, 1957, AIR 1958 SC 956
• B. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
• C. In re: The Berubari Union and Exchange of Enclaves, AIR 1960 SC 845
• D. Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789

Hint:

Always remember: Berubari → Preamble NOT part of Constitution; Kesavananda → Preamble IS part.

Answer 1

The Correct Option is C

Step 1: Understanding the issue of the Preamble’s legal status.
The question is based on constitutional interpretation. In the early years of the Constitution, courts debated whether the Preamble forms a part of the Constitution and whether it has legal force.
Step 2: Analyzing the Berubari Union case (1960).
In the Berubari Union case, the Supreme Court held that the Preamble is *not* a part of the Constitution. The Court reasoned that the Preamble is only a guiding light and does not grant any substantive powers. Hence, it is not enforceable in a court of law.
Step 3: Later developments (for clarity).
Although later judgments such as *Kesavananda Bharati (1973)* held that the Preamble is part of the Constitution, this question specifically asks for the case in which the Court held that it is *not* part.
Step 4: Final conclusion.
Thus, the correct answer is the *Berubari Union Case (1960)*.