LIC of India case
Also called: LIC of India v. Consumer Education and Research Centre (1995) · Topic: Preamble and the Philosophy of the Constitution · NCERT: Beyond NCERT
Meaning
The LIC of India case (1995) is a Supreme Court judgment, or court decision, on the Preamble's legal status. It reaffirmed that the Preamble is an integral part of the Constitution. This followed Kesavananda Bharati (1973), which had held that the Preamble is part of the Constitution and can be amended, but not in a way that destroys the basic structure. The basic structure means the core features of the Constitution that Parliament cannot destroy. Even so, the Preamble stays non-justiciable, which means no court can enforce it directly. It is neither a source of power nor a limit on power. Courts use it to clear up unclear provisions.
Example
For an exam timeline on the Preamble: Berubari (1960) said it was not part of the Constitution. Kesavananda (1973) said it was. LIC (1995) reaffirmed that it is an integral part. Balram Singh (2024) upheld the words "socialist" and "secular".
Don't confuse with
- Berubari Union case (1960): this was an advisory opinion under Art. 143. It held the opposite, that the Preamble is not part of the Constitution. Later cases overturned that view.