Select the correct chronological order of the following judgements dealing with Fundamental Rights : A. Golaknath v/s State of Punjab B. Kesavananda Bharati v/s State of Kerala C. Minerva Mills v/s Union of india D. A. K. Gopalan v/s State of Madras Select the correct answer :
Correct Answer: C. (D), (A), (B), (C)
Explanation: Is the Preamble a Part of the Constitution? Berubari ● Preamble is not a part of the Union Case Constitution. (1960) ● It can be used only when the language of the Constitution is vague or ambiguous, as a key to know the intent of the framers. ● The Berubari area (Jalpaiguri, West Bengal) was ceded to Pakistan (Bangladesh) through the 9th Constitutional Amendment, 1960. Sajjan Singh v. ● Preamble is the key to the State of minds of the makers. Rajasthan ● But it is not a formal part of (1965) the Constitution. Kesavananda ● Preamble is an integral part of Bharati Case the Constitution. (1973) ● Overruled the Berubari decision . ● The Preamble can be amended under Article 368, but the basic structure cannot be altered. ● Preamble is not justiciable, but important for interpretation. Indira Gandhi ● Preamble cannot override or v. Raj Narain repeal the specific provisions (1975) of the Constitution. ● It is neither a source of power nor a limitation on power. S.R. Bommai ● Reaffirmed that Preamble is an Case (1994) integral part. ● Declared Secularism as part of the Basic Structure of the Constitution. LIC of India ● Reaffirmed that the Preamble Case (1995) is an intrinsic part of the Constitution. PYQ’s Solution English 1 A.K. Gopalan (1950) - ● Not enforceable by the court. ● There is no power source. Golaknath vs State of Punjab case (1967) - Justice Hidayatullah ● The preamble is the spirit of the Constitution Minerva Mills case (1980) - ● The Supreme Court had said, "The foundation of the Indian Constitution is laid on the balance of Fundamental Rights and Directive Principles." PYQ’s Solution English 2 Directive Principles of State Policy
