Preamble is the part of the basic structure of the constitution and can be amended only if no change in the basic structure is made is it true ?
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Yes, the Preamble of the Constitution can be amended under Article 368 of the Constitution *. It is a part of the Constitution, as opined by the Supreme Court of India in the landmark Kesavananda Bharati v. State of Kerala case of 1973.
However, the amendment is subject to the condition that it should not alter the “basic structure” of the Constitution. The doctrine of “basic structure” was devised by the Supreme Court in the Kesavananda Bharati case to prevent any misuse of the amending power granted to the Parliament. The Supreme Court stopped short of defining or clarifying what all constitutes the basic structure of the Constitution. In its various judgments, the Supreme Court has come to include some principles as the part of the basic structure. The ones relevant to the Preamble are:
Supremacy of the ConstitutionSovereign, democratic, republican nature of the Indian politySecular character of the ConstitutionUnity and integrity of the nationWelfare stateRule of lawIndependent judiciaryPrinciple of equalityEffective access to justiceFreedom and dignity of the individual
The Preamble has only once been amended till date (i.e. 2017): in 1976, by the 42nd Constitutional Amendment Act. The Act added three new words: “socialist”, “secular” and “integrity” to the Preamble.
However, the amendment is subject to the condition that it should not alter the “basic structure” of the Constitution. The doctrine of “basic structure” was devised by the Supreme Court in the Kesavananda Bharati case to prevent any misuse of the amending power granted to the Parliament. The Supreme Court stopped short of defining or clarifying what all constitutes the basic structure of the Constitution. In its various judgments, the Supreme Court has come to include some principles as the part of the basic structure. The ones relevant to the Preamble are:
Supremacy of the ConstitutionSovereign, democratic, republican nature of the Indian politySecular character of the ConstitutionUnity and integrity of the nationWelfare stateRule of lawIndependent judiciaryPrinciple of equalityEffective access to justiceFreedom and dignity of the individual
The Preamble has only once been amended till date (i.e. 2017): in 1976, by the 42nd Constitutional Amendment Act. The Act added three new words: “socialist”, “secular” and “integrity” to the Preamble.
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