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Which statement reflects the Supreme Court’s view of the Preamble in its 1960 Berubari Union advisory opinion?

Question and options

Which statement reflects the Supreme Court’s view of the Preamble in its 1960 Berubari Union advisory opinion?

  1. The Preamble independently conferred power to cede Indian territory.

  2. The Preamble barred Parliament from ceding Indian territory.

  3. The Preamble aided interpretation but lay outside the Constitution.

  4. The Preamble formed part of the Constitution and aided interpretation.

Answer and explanation

Correct answer: C - The Preamble aided interpretation but lay outside the Constitution.

The 1960 Berubari opinion treated the Preamble as an aid to understanding the makers’ purposes and said it was outside the Constitution. Kesavananda Bharati later treated it as part of the Constitution.

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