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With reference to the BeruBari case(1960), consider the following statements:
1.The Supreme Court observed that the Preamble is an integral part of the Preamble
2.The Supreme Court observed that the Preamble acts as source of substantive power conferred on the Government
Which of the above statements is/are correct?
1 Only
2 Only
Both 1 and 2
Neither 1 nor 2
The SC made following observation in the Berubari case:
There is no doubt that the declaration made by the people of India in exercise of their sovereign will in the preamble to the Constitution is, in the words of Story, “a key to open the mind of the makers” which may show the general purposes for which they made the several provisions in the Constitution; but nevertheless the preamble is not a part of the Constitution, and, as Willoughby has observed about the preamble to the American Constitution, “it has never been regarded as the source of any substantive power conferred on the Government of the United States, or on any of its departments. Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted”.
By: Harman Sandhu ProfileResourcesReport error
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