Berubari Union, In re (1960)

Constitutional Law I · The Preamble

Facts.

A dispute arose over transferring part of the Berubari Union territory to Pakistan under an agreement. The President made a reference to the Supreme Court asking, among other things, about the legal status of the Preamble. Issue.

Is the Preamble a part of the Constitution, and can it be used to enlarge the powers it grants?

Held.

The Court held that the Preamble is a key to the minds of the framers but is not a part of the Constitution and cannot override its clear provisions; and that transferring Indian territory requires a constitutional amendment. Why it matters.

This was the early view on the Preamble. It was later

overruled on this point in Kesavananda Bharati (1973), which held that the Preamble is a part of the Constitution — so Berubari is remembered as the “before” in the story of the Preamble.

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