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Preamble

 


KM Munshi 
  • Horoscope of our sovereign democratic republic 
Ernst Barker
  • Preamble as the key note of the constitution 
KC Wheare
  • One of the best written preambles
Is Preamble part of C? 
  • Berubari union case, 1960 - not part ( just like USA)
  • 1973 Kesu case - is part, because adopted by CA by the motion.
Can P be amended?
  • can be amended using art 368. why? to ensure harmony b/w P and C's article.
Significance of P -
  • AK Gopalan case,1950 - to be used only when there is ambiguity.
  • Berubari case - Preamble is key to open mind of CA
  • In kesu case, 1973 - P contains the noble vision for the state and C should be interpreted in the light of P.


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