Question

In which case of 1973, the Supreme Court corrected its previous decision and said that the Preamble is a part of the Constitution?
1. Berubari Union vs Unknown
2. Kesavananda Bharati vs State of Kerala
3. People's Union for Civil Liberties vs Union of India
4. Common Cause vs Union of India

Answer 1

Correct Answer - Option 2 : Kesavananda Bharati vs State of Kerala

The correct answer is Kesavananda Bharti vs the State of Kerala.

• In the Kesavananda Bharati vs State of Kerala (1973), the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution.
  • And it can be amended under Article 368 of the Constitution.
  • Again, in the LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.
• Kesavananda Bharati, the seer of Edneer Mutt in Kasargod district of Kerala, whose petition challenging the Kerala Land Reforms (Amendment) Act 1969 led to the landmark “basic structure” doctrine judgment delivered by the Supreme Court in 1973.

• Berubari Union:-
  • In this Case, the States of Punjab and Bengal were to be partitioned.
  • A commission was appointed as Sir Cyril Redcliffe as its chairman.
  • . A boundary was fixed between India and Pakistan and known as the Redcliffe line.
• Common Cause vs. Union of India:-
  • In this case, the Apex Court concluded that a person of competent mental faculty is entitled to execute an advance medical directive.
• People's Union for Civil Liberties vs Union of India:-
  • In this case, the court issued a strong judgment which found the right to life was imperilled due to the failure of the schemes.