🧠 Berubari Union Case (1960)
🇮🇳 1. What was the problem?
After India got independence in 1947, we divided Bengal between:
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India (West Bengal)
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Pakistan (East Pakistan, now Bangladesh)
But there was confusion about a small area called Berubari Union, in West Bengal.
Both India and Pakistan claimed it.
🤝 2. What did India do?
In 1958, Prime Minister Nehru and Pakistan PM Noon signed an agreement:
Let's divide the Berubari Union and give half to Pakistan.
But people asked:
Can we just give Indian land to another country?
Does Parliament have the power to do that?
So, the President of India asked the Supreme Court for advice.
⚖️ 3. What did the Supreme Court say?
The Court looked at the Constitution — especially:
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Article 3 – for changing states inside India
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Article 368 – for changing the Constitution
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Preamble – India is sovereign
And said:
❌ "No, Parliament cannot give land to another country using Article 3."
Because Article 3 is only for internal changes (like making new states, merging, etc.)
✅ "Yes, you can give land to another country, but only after changing the Constitution using Article 368."
So, to give Berubari to Pakistan, India had to: 👉 Pass a Constitutional Amendment.
📜 4. What about the Preamble?
Some said: “India is sovereign (as written in the Preamble), so we can give land if we want.”
But the Court said:
Preamble shows values (like justice, liberty, sovereignty),
but it doesn’t give legal power.
You must follow the proper articles of the Constitution.
✅ What did the Supreme Court say about the Preamble in the Berubari Union Case (1960)?
Yes, the judgment did say something like:
"The Preamble is not a part of the Constitution."
And also added:
"The Preamble does not confer any power; it is not enforceable in a court of law."
📌 So, is it correct to say:
"The Preamble is not part of the Constitution and it cannot be amended"?
Let’s break this into two parts:
1️⃣ "Preamble is not part of the Constitution" — Was that said in Berubari Case?
✅ Yes, the Berubari judgment (1960) said that:
🔸 The Preamble is just an introduction, not a part of the Constitution.
🔸 It cannot be used to derive powers or override any article.
BUT: ⚠️ This view was later changed by the Supreme Court.
In the Kesavananda Bharati Case (1973), the Court said:
✅ The Preamble IS a part of the Constitution.
✅ It reflects the basic structure and spirit of the Constitution.
So now, in today’s understanding: 👉 Yes, the Preamble is part of the Constitution.
2️⃣ "Preamble cannot be amended" — True or False?
❌ That’s not correct anymore.
👉 The Preamble was amended once — during the 42nd Constitutional Amendment (1976).
These 3 words were added:
"Socialist", "Secular", and "Integrity"
✅ So yes, the Preamble CAN be amended, but only through a Constitutional Amendment under Article 368.
📌 What to write in UPSC answer?
In the Berubari Union Case (1960), the Supreme Court said the Preamble is not a part of the Constitution and cannot be the source of any power.
However, this was later overruled in Kesavananda Bharati (1973), where the Court held that the Preamble is a part of the Constitution and represents its basic structure.
Also, the Preamble was amended in 1976 through the 42nd Constitutional Amendment.
🏛️ 5. What happened next?
India passed the 9th Constitutional Amendment (1960)
➡️ It changed the Constitution to allow giving land to Pakistan.
🧾 6. Key Takeaways (For UPSC)
| Point | Easy Meaning |
|---|---|
| Article 3 | Change inside India (like forming new states) |
| Article 368 | Change the Constitution |
| Preamble | Shows values, but not power |
| Supreme Court said | Giving Indian land to another country needs Constitutional Amendment |
| Example | 9th Amendment for Berubari, 100th Amendment for land swap with Bangladesh |
🎯 How to remember easily?
"Can't give India’s land with just a law — need to change the Constitution!"