Examine the legal status and enforceability of the Preamble to the Indian Constitution: 1. The Preamble indicates the source from which the Constitution derives its authority, namely the people of India. 2. The Supreme Court in the Berubari Union case held that the Preamble is an integral part of the Constitution and can be amended under Article 368. Which of the statements given above is/are correct?

💡 Solution & Explanation

Statement 1 is correct because the Preamble starts with We, the people of India, establishing popular sovereignty as the ultimate source of constitutional authority. Statement 2 is incorrect because in the Berubari Union case of 1960, the Supreme Court held that the Preamble is not a part of the Constitution. It was only later, in the landmark Kesavananda Bharati case of 1973, that the Supreme Court reversed its stance and declared the Preamble to be an integral part of the Constitution.