CLAT CLAT Solved Paper-2010

  • question_answer
    Directions: From the four options given, shade the appropriate correct option in the space provided for it on the OMR Answer Sheet.
    Supreme Court held that Preamble as a basic feature of Constitution cannot be amended in the case of

    A) Golaknath v/s State of Punjab

    B) Maneka Gandhi v/s Union of India

    C) S.R. Bommai v/s Union of India

    D) Kesavananda Bharati v/s State of Kerala

    Correct Answer: D

    Solution :

    Ans.   The preamble delineates the basic structure of the Constitution of India. It does not contain laws enforceable in a court, but no law can be enacted or amended in a manner that violates the spirit of the preamble. The Supreme Court, in the case of Kesavananda Bharati vs. The State of Kerala, recognized that the Preamble may be used to interpret ambiguous areas of the Constitution where differing interpretations present themselves. However, the Preamble is useful as an interpretive tool only if there is an ambiguity in the article itself and should not be treated as a rights bestowing part of the Constitution.

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