All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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42.

It was held by the Supreme Court of India that preamble was not a part of the constitution in the case of -------------------- and this has been overruled in the case of ---------------------------

A: In re Berubari Union; Keshavananda Bharathi vs. State of Kerala
B: A. K. Gopalan vs. State of Madras; Maneka Gandhi vs. Union of India
C: Ajay Hasia vs. Khalid Mujib; Som Prakash vs. Union of India
D: I.C. Golaknath vs. State of Punjab; Shankari Prasad vs. Union of India

The answer is: A

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Explanation

The correct option is A. In re Berubari Union; Keshavananda Bharathi vs. State of Kerala. 

In re Berubari Union was a case decided by the Supreme Court of India in 1960, in which the court held that the preamble is not a part of the constitution and therefore it cannot be amended or used to interpret the provisions of the constitution. The court also held that the preamble is not a source of any substantive powers or rights.

However, this view was overruled by the Supreme Court in Keshavananda Bharathi vs. State of Kerala, a landmark case decided in 1973, in which the court held that the preamble is a part of the constitution and reflects its basic structure and philosophy. The court also held that the preamble can be amended, but only to the extent that it does not alter or destroy the basic features of the constitution. The court also held that the preamble can be used as an aid to interpret the provisions of the constitution, especially when there is ambiguity or conflict.