September 28, 2016

The preamble of the Constitution is a part of the basic structure of the Constitution. It represent the aspirations of the people of India. It is the key to open the mind of the makers of the Constitution.

Article 368 of the Indian Constitution grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.


Here the question is Can preamble of the constitution be amended? Before that, we needs to understand that, whether Preamble is a part of the Constitution or not? We had already discussed this question in our previous Article. Hence, the question here is; Can preamble of the constitution be amended?

This question was initially raised in the Berubari Case, where the Supreme Court of India held that, the preamble of the Constitution is not a part of the Constitution, and therefore it is not amendable.
The question was subsequently raised in the famous Kesavananda Bharati Case, where the Supreme Court of India reversed the decision in the Berubari Case, and held that, preamble of the Constitution is a part of the Constitution, and therefore the Parliament can amend the same under the provisions of Article 368.

However, it may be noted that, such an amendment under Article 368 of the Indian Constitution shall not affect the basic structure of the Constitution.

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