Which of the following statements regarding the Preamble and Supreme C...
The Supreme Court has held that the Preamble is a part of the Constitution and can be amended by the Parliament, but such amendments should not alter the basic structure of the Constitution. Therefore, option A is correct as it reflects the Supreme Court's position on the amendability of the Preamble.
Which of the following statements regarding the Preamble and Supreme C...
The correct answer is option 'A': The Preamble cannot be amended by the Parliament as per a Supreme Court judgment.
The Preamble to the Constitution of India is an introductory statement that sets out the guiding principles and objectives of the Constitution. It was adopted by the Constituent Assembly of India on 26th November 1949.
The Supreme Court of India has made several judgments related to the Preamble, and one of the significant judgments on this matter is the Kesavananda Bharati case in 1973.
I. The Preamble and the Kesavananda Bharati Case:
In the Kesavananda Bharati case, the Supreme Court held that the Preamble is a part of the Constitution and is subject to judicial review. The court ruled that while the Preamble is not enforceable in a court of law, it is an integral part of the Constitution and can be used as a guiding principle for interpreting its provisions.
II. Parliament's Power to Amend the Preamble:
The power to amend the Constitution is conferred upon the Parliament under Article 368. However, the Supreme Court in the Kesavananda Bharati case also held that the power to amend the Constitution does not extend to altering the basic structure or framework of the Constitution. The court stated that the Preamble is a part of the basic structure and therefore cannot be amended by the Parliament.
III. Judicial Interpretation of the Preamble:
The Supreme Court has interpreted the Preamble in various cases to guide the interpretation of the Constitution. For example, in the Indira Gandhi v. Raj Narain case in 1975, the court held that the Preamble reflects the basic features and fundamental values of the Constitution.
IV. Amendment of the Preamble:
According to the Supreme Court's judgment in the Kesavananda Bharati case, the Preamble cannot be amended by the Parliament. However, the Parliament can amend other parts of the Constitution, including the fundamental rights and directive principles, which are closely connected to the Preamble.
V. Conclusion:
In conclusion, the correct statement is option 'A': The Preamble cannot be amended by the Parliament as per a Supreme Court judgment. The Supreme Court has held that the Preamble is a part of the Constitution and cannot be amended by the Parliament. The Preamble serves as an important guiding principle for the interpretation of the Constitution and reflects the basic features and fundamental values of the Indian Constitution.
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