Amendment of the Preamble for CLAT - Practice Questions & MCQ

Introduction:

• The Preamble to the Indian Constitution serves as an introductory statement that outlines the fundamental values and objectives on which the Constitution is based. It is often seen as the soul of the Constitution. 

Can the Preamble be Amended?

The Preamble can indeed be amended, but it is essential to understand the parameters and constraints surrounding this process.

Limitations on Amending the Preamble:

• Basic Structure Doctrine: 
  • The most crucial limitation on amending the Preamble is the Basic Structure Doctrine, established in the landmark Kesavananda Bharati vs. State of Kerala (1973) case.
  • According to this doctrine, while Parliament has the power to amend the Constitution, including the Preamble, it cannot do so in a manner that destroys or alters the Constitution's basic structure.

• Essential Features: 
  • While the Kesavananda Bharati case did not provide an exhaustive list of what constitutes the "basic structure," certain features are generally considered essential. 
  • These include democracy, secularism, the rule of law, federalism, and judicial review, among others. Any amendment that threatens these essential features can be challenged in court.

Examples of Amendment:

• The most notable example of amending the Preamble is the 42nd Amendment Act of 1976. This amendment introduced significant changes to the Preamble by adding the words "Socialist," "Secular," and "Integrity" to it. The objective was to reflect the government's commitment to these principles.

Case Law - Kesavananda Bharati vs. State of Kerala (1973):

Background:

• The case originated from a challenge to the Kerala government's attempts to acquire land belonging to the Sree Padmanabhaswamy Temple in Thiruvananthapuram.
• Swami Kesavananda Bharati, the head of the math (religious institution) associated with the temple, filed a petition challenging the Kerala Land Reforms Act, which allowed for the acquisition of temple land.
• The primary issue was whether Parliament's power to amend the Constitution, as provided under Article 368, had any limitations.

Key Issues and Arguments:

• The main argument put forth by Kesavananda Bharati was that while Parliament had the authority to amend the Constitution, this power was not unlimited. He contended that Parliament could not alter the basic structure or framework of the Constitution.
• Judgment:
• The Kesavananda Bharati case resulted in a historic judgment by a 7-6 majority of the thirteen-judge bench of the Supreme Court. Some of the key points from the judgment are as follows:
• The Basic Structure Doctrine: The majority held that while Parliament had the power to amend the Constitution under Article 368, this power did not extend to changing the Constitution's "basic structure" or "basic features." The Court did not explicitly define what constituted the basic structure but identified some key elements, including:

Supremacy of the Constitution.

• Republican and democratic form of government.
• Secular character of the Constitution.
• Separation of powers between the executive, legislative, and judicial branches.
• Federal character of the Constitution.
• Rule of law.
• Judicial review.

Limitation on Amending Power: 

• The judgment established that any amendment that violates or seeks to abrogate the Constitution's basic structure would be invalid.
• Overruling Golaknath Case: The Kesavananda Bharati case effectively overruled the earlier judgment in the Golaknath case (1967), which had held that Parliament's amending power was unlimited.

Impact:

• The Kesavananda Bharati case had a profound impact on Indian constitutional law and the balance of power between the legislature and the judiciary.
• It established the doctrine of the basic structure, which has since been cited in numerous subsequent cases to challenge constitutional amendments.
• This case essentially curtailed Parliament's power to amend the Constitution arbitrarily and ensured the preservation of certain core principles and values enshrined in the Indian Constitution.
• It is considered a landmark in the defense of constitutional democracy and the rule of law in India.