In the “Berubari Union case” (1960), the Supreme Court mentioned that the Preamble is not a part of the operative provisions of the Indian Constitution.
This case dealt primarily with territorial disputes between India and Pakistan, and while discussing the Preamble’s status, the Court observed that the Preamble doesn’t contain any substantive provision that confers rights or imposes duties.
The Court highlighted that the Preamble lacks any legislative or executive powers and is more of a declaratory statement rather than an operational part of the Constitution.
The case where the Preamble was expressly considered as an integral part of the Indian Constitution is the “Kesavananda Bharati v. State of Kerala” case in 1973.
This landmark judgment by the Supreme Court established the principle that the Preamble is a part of the Constitution and is vital in understanding its basic structure and essential features.
The court ruled that while Parliament has the power to amend the Constitution, it cannot alter its basic structure, which includes the Preamble’s principles. This case affirmed the significance of the Preamble as an essential component guiding the interpretation and application of the Indian Constitution’s provisions.
