3.3.2. Kesavananda Bharaticase, 1973

In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion (in the Berubari Case) and held that the Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.

Explanation provided by the Supreme Court:

♤ The Preamble may not be an essential part of ordinary statute, but it is an essential part of Constitutional Law.

♤ Supreme Court admitted that a few facts regarding the Preamble were not noticed in the Berubari Case. These facts established Preamble as a part of the Constitution.

o It has been adopted by the Constituent Assembly in the same manner as other parts.

o The motion by which the Preamble was adopted said: “The question is that Preamble stands part of the Constitution”.

o The Preamble was enacted after rest of the Constitution was already enacted. The Preamble was inserted in the end to ensure that there is no inconsistency between the Preamble and other provisions of the Constitution. This was unlike USA where the Preamble was enacted first.