Consider the following statements about the Preamble of the Indian Constitution:
- (1) The Preamble is a part of the Constitution, as affirmed by the Supreme Court in the Kesavananda Bharati case (1973).
- (2) The Preamble can be amended under Article 368, but amendments cannot alter the basic structure of the Constitution.
- (3) The Preamble is justiciable and its provisions are enforceable in courts of law.
Which of the statements given above is/are correct?
- AOnly (1) and (3)
- B(1), (2) and (3)
- COnly (1)
- DOnly (1) and (2)
Show answer and explanation
Correct answer: (d) Only (1) and (2)
Explanation
Statements (1) and (2) are correct, and (3) is wrong.
- In the Berubari Union case (1960) the Supreme Court said the Preamble was not part of the Constitution. In Kesavananda Bharati (1973) it held that the Preamble is a part of it.
- The Preamble can be amended under Article 368, but not so as to damage the basic structure. It has been amended once, by the 42nd Amendment (1976), which added "Socialist", "Secular" and "Integrity".
- The Preamble is not justiciable: a court cannot enforce it. It helps to interpret the Constitution where the text is unclear.