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The Preamble was held to be a part of the Constitution by the Supreme Court in

  • A.Kesavananda Bharati v. State of Kerala
  • B.Berubari Union case
  • C.Golaknath v. State of Punjab
  • D.Minerva Mills v. Union of India

Answer: B

Correct answer: Kesavananda Bharati v. State of Kerala

In Kesavananda Bharati (1973) the Supreme Court held that the Preamble is a part of the Constitution and can be amended under Article 368, provided the basic structure is not destroyed. This reversed the position taken in the Berubari Union reference of 1960, where the Court had said the Preamble was not part of the Constitution and had no substantive power, though it could serve as a key to the framers’ minds where a provision was ambiguous. The practical consequence followed three years later: the 42nd Amendment of 1976 amended the Preamble, inserting socialist, secular and integrity. That remains the only amendment ever made to it. The Preamble is still not a source of enforceable power - no case can be founded on it alone - but the courts use it to interpret ambiguous provisions and to identify the objectives against which laws are tested. Golaknath and Minerva Mills concern the amending power itself.

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