ValkyaEditorial

Tagged “preamble”

1 article on preamble.

LandmarkSupreme Court of India

In re Berubari Union (1960): the Preamble, and the cession of territory under Article 368

On 14 March 1960, an eight-judge Constitution Bench of the Supreme Court delivered an advisory opinion on a Presidential Reference arising from the Indo-Pakistan boundary settlement. It held that the Preamble is not a part of the Constitution capable of overriding its express provisions, and that the cession of Indian territory to a foreign State cannot be achieved by ordinary law or by a law under Article 3 — it requires a constitutional amendment under Article 368. A digest of the reference, the questions, the holding, and where the case stands after Kesavananda.

Valkya Editorial··8 min