Judicial System

Indian Political System(CSC)

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Indian Economy - Understanding the basics of Indian economic system

With reference to Berubari Case 1960 ,consider the following statement .

1.Supreme court observed that preamble is the integral part of Constitution .

2.Supreme court observed that preamble is a source of substantive power conferred on the government .

2only

Both 1 and 2

1 only

None

The preamble is not a part of constitution ,as Willoughby has observed about the american preamble ," 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".
In the Berubari Case in 1960, the Supreme Court declared that the Preamble is not a part of the Constitution. Later in the Kesavananda Bharati Case in 1973, it held that the Preamble is a part of the Constitution. The Preamble is now an integral part of the Constitution though it is not enforceable in any court of law.
The Berubari Union case has important implications for the power of the parliament to transfer territory to a foreign country. The judgement clearly states that the parliament does not have the power to cede territory under Article 3 of the Constitution, but that it may do so through an amendment under Article 368.