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Landmark Judgments on Preamble of the Constitution of India

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Landmark Judgments on the preamble of the Constitution of India are as follows –

In Re Berubari Union 1960

The Supreme Court held that Preamble was not part of the Constitution and therefore it could never be regarded as a source of any substantive power.

Sajjan Singh v. State of Rajasthan AIR 1965 SC 845

The Supreme Court held that Preamble is the sum and substance of the features of the Constitution. Preamble represents the quintessence, the philosophy, the ideals, the soul or spirit of the entire Constitution.

Kesavanand Bharati v. State of Kerala AIR 1973

The Supreme Court held that preamble is the part of the Constitution and it is of extreme importance, Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. It was also held Preamble is the part of the Constitution and it could amended like any other provisions the Constitution. In other words Preamble can be amended subject to basic structure of the Constitution.

S.R. Bommai v. Union of India AIR 1994 SC 1918

The Supreme Court again held that Preamble is the integral part of the Constitution.

K.K Baskaran v. State of Tamilnadu, AIR 2011 SC 1485

The Supreme Court held that Preamble should be interpretated in such way which secure the goal of social, economic and political justice given in the Constitution.

Nandini Sundar v. State of Chhattisgarh AIR 2011 SC 2839

The Supreme Court said that promie to provide social, economic and political justice given in the preamble can not be forgotton or neglected.

Prathvi Raj Chauhan v. Union of India (2020) 5 SCC 421

One of the objectives of our preamble is ‘fraternity assuring the dignity of individual and the unity and integrity of the nation’. Fraternity means a sense of common brotherhood of all Indians. In a country like ours it is necessary to emphasize and reemphasize that the unity and integrity of India can be preserved only by spirit of brotherhood.

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SPShahi
SPShahihttps://www.spshahi.com
Author, SP Shahi is Advocate at the High Court of Judicature at Allahabad, He holds LL.M. degree and qualification in the NET exam. He prefers to write on legal articles and current affairs.

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