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In Berubari Union case (1960), the Supreme Court held that the Preamble is not part of the Constitution and has no legal force, but this view was later overruled by Kesavananda Bharati (1973) which held that Preamble is part of Constitution and informs basic structure identification.
- True
- False
Answer: True
Berubari Union (1960) Preamble interpretation: (a) Context: Dispute regarding transfer of Berubari territory to Pakistan under Indo-Pakistan Agreement; issue whether Preamble limits Parliament's treaty-making power, (b) Supreme Court holding: (i) Preamble is not part of Constitution; merely introductory statement of objectives, (ii) Preamble has no legal force; cannot limit Parliament's amending power or treaty-making authority, (iii) Constitutional provisions, not Preamble, determine scope of governmental powers, (c) Later developments: (i) Kesavananda Bharati (1973): Overruled Berubari; held Preamble is part of Constitution, amendable under Article 368 but basic structure unamendable, (ii) Interpretive role: Courts use Preamble to resolve ambiguities in statutes and constitutional provisions, (iii) Limiting role: Preamble values form part of basic structure; Parliament cannot amend Constitution to destroy these values, (d) Applications: (i) Puttaswamy: Preamble dignity guided privacy recognition, (ii) Navtej Singh Johar: Preamble equality guided LGBTQ+ rights protection, (iii) SR Bommai: Preamble secularism guided federalism interpretation, (e) Rationale for evolution: (i) Constitutional identity: Preamble contains substantive commitments (socialist, secular, fraternity) integral to constitutional identity, (ii) Comparative context: Indian Preamble more substantive than US Preamble (purely introductory), (iii) Democratic legitimacy: Preamble expresses popular sovereignty; values guide constitutional interpretation, (f) Illustrates living constitutionalism: Judicial understanding of Preamble evolved through democratic practice; Kesavananda recognized Preamble's normative significance for constitutional interpretation, basic structure doctrine.