Kevin Moses Paul
18 January 2021
The preamble plays a very crucial role in shaping the destiny of a Nation. The preamble gives a brief idea to the makers of the constitution such that the constituent assembly can prepare plans and formulate the Constitution of the Country.
Yes, there have been a number of cases in India that were decided based upon the Preamble of the Country.
Few of such cases are mentioned below :-
1.) KESAVANANDA BHARTI v/s STATE of KERALA ( AIR 1973 SC 1461)
2.) INDIRA NEHRU GANDHI v/s RAJ NARAIN (AIR 1975) - In this case Article 329(A) was challenged in this case. By calculating all these things, SC said that the basic structure of Indian Constitution is Democracy which means free and fair election. To continue this basic structure, Rule of law and Judicial Review are essential.
3.) MINERVA MILLS v/s UNION of INDIA (AIR 1980 SC 1789; decided on 31st July 1980) - In this case with the help of Preamble, a relationship was established between Fundamental rights and Directive Principles of State Policy.
Down below is a link to a case that was decided on the basis of the Preamble of the country, you can take a look at the matter (to know about the facts of the case) by clicking on the link.
https://www.lawyersclubindia.com/articles/brief-case-analysis-of-state-of-west-bengal-v-anwar-ali-sarkar-7754.asp
