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Preamble Can Be Amended

The preamble serves to indicate the objectives and aims of the constitution. It declares that India is a sovereign, democratic republic and sets goals of securing justice, liberty, equality and promoting fraternity. The Supreme Court has held differing views on whether the preamble can be amended. Initially, it was held to not be part of the constitution in the Berubari case and thus not amendable. However, in the Keshavananda Bharati case, the court found the preamble to be part of the constitution but said the basic features it outlines, like sovereignty, democracy and republic, cannot be amended.

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300 views1 page

Preamble Can Be Amended

The preamble serves to indicate the objectives and aims of the constitution. It declares that India is a sovereign, democratic republic and sets goals of securing justice, liberty, equality and promoting fraternity. The Supreme Court has held differing views on whether the preamble can be amended. Initially, it was held to not be part of the constitution in the Berubari case and thus not amendable. However, in the Keshavananda Bharati case, the court found the preamble to be part of the constitution but said the basic features it outlines, like sovereignty, democracy and republic, cannot be amended.

Uploaded by

HackieChan
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Q. objectives enshrined in the preamble and what purpose it serves.

Further state whether preamble can be


amended under Article 368 of the Indian Constitution. Substantiate with appropriate case law.

Ans. Meaning of Preamble

The word ‘Preamble’ (Latin word) means ‘to go before; introduction; introduction to important statutes’. In all most
all Acts, there is a Preamble which signifies the objects and aims for which the Act is passed. In other words
‘Preamble’ indicates ‘the broad character of the legislation that is enacted’. It occurs at the outset and serves as a
preface to the Act. It sets out the main objectives of the Legislation. As Constitution is also a Legislation, there is
always a Preamble to the Constitution also.

The Purpose of the Preamble of the Constitution of India

The purpose of the Preamble of the Indian Constitution are the following:

1. It indicates the sources from which the Constitution comes.


2. It declares the nature of the state which Constitution establishes.
3. It sets out the objectives which the Constitution and the Government established thereunder are to achieve.

1. Source of Constitution - 'We, the people'

Can Preamble be Amended Under Article 368?

Article 368 deals with the power of Parliament to amend the Constitution and procedure therefor. It confers power
on Parliament to amend the Constitution. Article 368(1) of the Constitution of India provides, “Notwithstanding
anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition,
variation or repeal any provision of this Constitution in accordance with the procedure laid down in this Article”.

In re Berubari Union and Exchange of Enclaves, [AIR 1960 SC 845], the Supreme Court held that the Preamble is not
a part of the Constitution. Article 368 empowers the Parliament to amend the Constitution only. Hence the
Preamble is not amendable.

In Keshavananda Bharati v. State of Kerala, [AIR 1973 SC 1461] It was held that since the Preamble is the part of the
Constitution it can be amended but subject to the condition that the ‘basic features’ in the Preamble cannot be
amended.

The Court observed, “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. The Preamble declared that the people of India resolved to constitute their country into
a Sovereign Democratic Republic. No one can suggest that these words and expressions are ambiguous in any
manner. An amending power cannot be interpreted so as to confer power on the Parliament to take away of these
fundamental and basic characteristics of policy”.

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