Amendability of the Preamble
Indian Polity › Preamble · Topic 4.7
The Supreme Court held in the Kesavananda Bharati case (1973) that the Preamble can be amended under Article 368 provided the basic features are not altered. It has been amended only once, in 1976, and the amendment was held valid.
5 min read · UPSC Prelims · Polity · Preamble
At a Glance
- What it is Whether the Preamble can be amended under Article 368
- First raised In the Kesavananda Bharati case (1973)
- Held The Preamble can be amended, but not so as to alter the basic features
- Amended so far Once, in 1976, by the 42nd Amendment Act
- Validity That amendment was held valid
- Exam link UPSC Prelims, Polity: Preamble
Where Does It Fit?
The previous topic showed that the Preamble is a part of the Constitution. If it is a part, the next question is whether Parliament can amend it under Article 368. This topic gives the answer of the Supreme Court. The doctrine of the basic structure, on which the answer rests, is a separate topic in the category on basic concepts. The amendability of the Preamble is therefore a direct application of that doctrine.
How Did the Question Arise?
The question whether the Preamble can be amended under Article 368 arose for the first time in the historic Kesavananda Bharati case (1973). It was urged that the Preamble cannot be amended because it is not a part of the Constitution. The petitioner also contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or fundamental features of the Constitution, which are enshrined in the Preamble.
What Did the Supreme Court Hold?
The Supreme Court held that the Preamble is a part of the Constitution, and said that the opinion given in the Berubari Union case (1960) was wrong. It held that the Preamble can be amended, subject to the condition that no amendment is done to the basic features. The basic elements or fundamental features of the Constitution contained in the Preamble cannot be altered by an amendment under Article 368.
“The edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed, the structure will not survive and it will not be the same Constitution or it cannot maintain its identity. An amending power cannot be interpreted so as to confer power on the Parliament to take away any of these fundamental and basic characteristics of the polity.”
Which Basic Features Does the Preamble Contain?
The Supreme Court has listed the basic features of the Constitution over time, and many of them are the very ideas stated in the Preamble.
- The sovereign, democratic and republican nature of the Indian polity.
- The secular character of the Constitution.
- The unity and integrity of the nation.
- The welfare state (socio-economic justice).
- Freedom and dignity of the individual.
- The principle of equality.
An amendment of the Preamble therefore cannot remove or damage these elements.
How Is the Constitution Amended Under Article 368?
Article 368 allows Parliament, in exercise of its constituent power, to amend by way of addition, variation or repeal any provision of the Constitution in accordance with the prescribed procedure. A bill must be introduced in either House of Parliament, and passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members present and voting. Parliament cannot, however, amend the provisions that form the basic structure of the Constitution, as ruled in the Kesavananda Bharati case (1973).
Has the Preamble Been Amended?
The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which added three new words: Socialist, Secular and Integrity. This amendment was held to be valid.
| Question | Answer |
|---|---|
| Is the Preamble a part of the Constitution? | Yes (Kesavananda Bharati, 1973) |
| Can it be amended under Article 368? | Yes, subject to the basic features |
| How many times has it been amended? | Once, in 1976 |
| What was added? | Socialist, Secular and Integrity |
Why Is This Topic Important?
- The limit on amendment It applies the basic structure doctrine to the Preamble itself
- Closing the category It completes the legal status of the Preamble: a part, amendable, non-justiciable
What Came Next?
The next category of the Indian Polity series takes up Citizenship.
Key People and Terms
- Article 368 Parliament’s amending power
- Basic features The elements that cannot be altered by an amendment
- Kesavananda Bharati case (1973) First raised the question; held the Preamble amendable within limits
- Berubari opinion Declared wrong by the Court in 1973
Exam Corner
Points to Remember
- Question first raised in Kesavananda Bharati (1973).
- The Preamble can be amended, but not its basic features.
- Amended once, in 1976, and held valid.
- The Court said the Berubari opinion was wrong.
Do Not Confuse With
- Amendable and amendable without limit The Preamble is amendable, but not in a way that alters the basic features
- Part of the Constitution and amendable The first was settled by Kesavananda; the second follows from it
Memory Hook
A part, so amendable, but never its basic features: and amended only once, in 1976.
Mains Angle
Questions ask how far Parliament can change the Preamble. Use these points to add depth.
- Amendable with limits The Preamble can be amended, but not the basic elements it contains
- Preamble as the source of basic features The Court said the edifice of the Constitution rests on the basic elements in the Preamble
- Practice Only one amendment, in 1976, which was held valid
A Question You May Face
An original practice question, not a past paper question.
“Can Parliament amend the Preamble? Discuss with reference to the Kesavananda Bharati case.”
How to Answer
- Introduction The question raised in 1973.
- Holding A part of the Constitution, amendable within limits.
- Limit No amendment to the basic features.
- Conclusion The one amendment of 1976 was valid.
GS Relevance
Frequently Asked Questions
Can the Preamble be amended?
Yes. The Supreme Court held in the Kesavananda Bharati case of 1973 that the Preamble can be amended under Article 368, subject to the condition that no amendment is done to the basic features of the Constitution that are contained in the Preamble.
When was the amendability of the Preamble first questioned?
The question arose for the first time in the historic Kesavananda Bharati case of 1973. It was urged that the Preamble cannot be amended because it is not part of the Constitution, and that Article 368 cannot be used to destroy its basic features.
What did the Supreme Court say about the basic elements in the Preamble?
The Court said the edifice of the Constitution is based on the basic elements mentioned in the Preamble. If any are removed, the structure will not survive and it will not be the same Constitution. Parliament cannot take away these fundamental characteristics of the polity.
How many times has the Preamble been amended?
The Preamble has been amended only once, in 1976, by the 42nd Constitutional Amendment Act, which added the words Socialist, Secular and Integrity. The Supreme Court held this amendment to be valid, and no other amendment has changed the text of the Preamble.
Did the Supreme Court overrule the Berubari opinion?
Yes. In the Kesavananda Bharati case of 1973 the Court said the opinion tendered in the Berubari Union case of 1960, that the Preamble is not a part of the Constitution, was wrong, and held that the Preamble is a part and can be amended.
Why does the basic structure doctrine matter to the Preamble?
The doctrine says Parliament cannot alter the basic features of the Constitution under Article 368. Since the Preamble contains many of those basic features, an amendment of the Preamble cannot remove them. The amending power under Article 368 is therefore limited by those features.
Is the amendment of 1976 valid?
Yes. The 42nd Amendment Act of 1976, which added Socialist, Secular and Integrity, was held to be valid. It is the only amendment made to the Preamble so far, and it added words without removing any existing basic feature.
Does amendability mean the Preamble is enforceable?
No. Even though the Preamble is a part of the Constitution and can be amended within limits, it is non-justiciable, and its provisions are not enforceable in courts of law. It is neither a source of power nor a prohibition on the legislature.
PYQ Practice — Statement Analysis
1 The Preamble cannot be amended because it is not a part of the Constitution.
The Supreme Court held it is a part and can be amended, subject to the basic features.
2 The question of amending the Preamble first arose in the Kesavananda Bharati case.
The Court also held that the Berubari opinion was wrong.
3 The Preamble has been amended twice so far.
It has been amended once, in 1976.
4 An amendment to the Preamble may alter the basic features of the Constitution.
The basic features contained in the Preamble cannot be altered by an amendment under Article 368.
5 The 1976 amendment of the Preamble was held to be valid.
It added Socialist, Secular and Integrity.
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