Reviewed case brief
In Re: The Berubari Union and Exchange of Enclaves
AIR 1960 SC 845
AIR 1960 SC 845 · Supreme Court of India (Presidential Reference under Article 143)
- Court
- Supreme Court of India (Presidential Reference under Article 143)
- Year
- 1960
- Subjects
- Constitutional Law I
- Reviewed
- 2026-08-02
Rule established
The Preamble is not a part of the Constitution and is not enforceable in a court of law, though it can be used as an aid to interpretation when the language of a provision is ambiguous; cession of Indian territory to a foreign state requires a constitutional amendment under Article 368, not merely ordinary legislation.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR 1960 SC 845; standard casebook authority on Preamble's legal status
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.