Q. Consider the following statements:
Statement I: The Preamble is a part of the Constitution of India and can be used as an aid in interpreting ambiguous provisions of the Constitution.
Statement II: In the Berubari Union case (1960), the Supreme Court held that the Preamble is an integral part of the Constitution and enforceable in courts of law.
Which one of the following is correct?

[A] Both Statement I and Statement II are correct, and Statement II is the correct explanation of Statement I

[B] Both Statement I and Statement II are correct, but Statement II is not the correct explanation of Statement I

[C] Statement I is correct, but Statement II is incorrect

[D] Statement I is incorrect, but Statement II is correct

Answer: C
Notes:

Explanation:

  • The Kesavananda Bharati case (1973) held that the Preamble is a part of the Constitution and can be used to interpret provisions, especially where ambiguity exists. This view was reinforced in the LIC of India case (1995).

In the Berubari Union case (1960), the Supreme Court held that the Preamble is not a part of the Constitution and it is not enforceable in a court of law. This view was later overruled by the Kesavananda Bharati judgment.

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