What is preamble & is it amendable?

What is preamble & is it amendable?

#Preamble.

Original Preamble.

Preamble is the preface or introduction to the constitution.

The Preamble is the soul of the Indian Constitution. It contains the noble vision of the Constituent Assembly which drafted the constitution. It is based on the OBJECTIVE RESOLUTION which was drafted & moved by Pt. Jawahar Lal Nehru & was also adapted by the constituent assembly. 

# Is it amendable?

Yes but it can be amended  (Art. 368) only when the amendment does not makes any changes in the “basic features” of the constitution or fundamental features of the constitution.

The SC in its historic judgement of KESAVANANDA BHARATI case (1973) held that preamble can be amended subject to the condition that it doesn’t alters the “basic features” of the constitution.

The SC also held in the Kesavananda Bharati case that preamble is part of the constitution. Again in 1995 in LIC of India case, SC held that preamble is a part of the constitution. 

So far, preamble has been amended only once in 1976, 42nd Constitutional Amendment Act which added 3 new words ~ Socialist, Secular & Integrity in preamble. 

Let’s see how much you have understood:

Q. 1. Which one is correct?

The preamble:

(A) can be amended because it is part of the constitution 

(B) cannot be amended because it is not the part of the constitution

Ans: (A) Preamble can be amended as long as the amendment doesn’t infringes the basic features doctrine of the constitution.

With Great Love,

Er. Amit Yadav

http://www.stayfoolish.in

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s