5.1. Berubari Case

♤ Preamble has limited significance in the interpretation of the Constitution.

♤ The Preamble cannot be invoked when the provisions of the Constitution are explicit. (A. K Gopalan case, 1950). In the Gopalan case, the SC clarified that the Preamble will not be invoked to explain or interpret explicit provisions. In this case, the SC held that the term ‘law’ used in Article 21 (life & liberty) denotes a ‘law made by the State’ and not ‘natural law’.

♤ It however acknowledged that the Preamble may be used if there is an ambiguity in the provisions of the Constitution. According to the SC, Preamble is the key to unlock the minds of the Constituent Assembly.