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With regard to the Preamble of the Indian Constitution, consider the following statements:
1. In the event of a conflict between the Preamble and a specific provision of the Constitution the former will prevail.
2. The Preamble is a part of the Constitution.
3. It was held by the Supreme Court as not a part of the Constitution in Berubari Union Case.
Which of the above statements are correct?
1&2 only
1&3 only
2&3 only
All the above
The Preamble embodies the basic philosophy and fundamental values—political, moral and religious on which the Constitution is based. The Preamble cannot override the specific provisions of the Constitution. In case of any conflict between the two, the latter shall prevail. PREAMBLE AS PART OF THE CONSTITUTION One of the controversies about the Preamble is as to whether it is a part of the Constitution or not. In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable ofmore than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution.
By: Shubham Tiwari ProfileResourcesReport error
Mandeep
how specific provision will prevail?
Kindly revisit.
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