The Preamble cannot be altered by an amendment under Article (TNPSC)a)...
The Court held that the basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368.
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The Preamble cannot be altered by an amendment under Article (TNPSC)a)...
Article 368 of the Indian Constitution deals with the power of the Parliament to amend the Constitution. It provides the procedure for amending various provisions of the Constitution, including the Preamble.
The Preamble is an introductory statement that outlines the fundamental principles and values of the Constitution. It is not a part of the enforceable provisions of the Constitution, but it is an essential component that reflects the spirit of the Constitution.
Amending the Preamble
The Preamble can be amended by following the same procedure as provided for the amendment of other provisions of the Constitution under Article 368. The process includes the following steps:
- The Parliament can initiate the process of amending the Preamble by introducing a Bill to amend the Constitution in either House of Parliament.
- The Bill must be passed by a two-thirds majority of the members present and voting in each House of Parliament.
- The Bill must also be ratified by at least half of the state legislatures before it is presented to the President for his assent.
- If the President gives his assent, the amendment becomes a part of the Constitution.
However, it is important to note that the basic structure of the Constitution cannot be amended, including the Preamble. The Supreme Court has held that the basic structure doctrine is an essential feature of the Constitution and cannot be amended even by following the procedure under Article 368.
Conclusion
In conclusion, the Preamble of the Indian Constitution can be amended by following the procedure under Article 368. However, the basic structure of the Constitution, including the Preamble, cannot be amended. The Preamble reflects the fundamental principles and values of the Constitution, and any amendment to it should be done with utmost care and caution.