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Zorluk: OrtaConstitutional Development, Framing, and Preamble

With reference to the Preamble of the Indian Constitution, which of the following statements correctly describes its legal status and amendability as established by the Supreme Court of India in the landmark Kesavananda Bharati case (1973)?

  1. It is an integral part of the Constitution and can be amended under Article 368, provided its basic structure is not altered.Cevap
  2. B
    It is not considered a part of the Constitution and therefore lies completely outside the scope of parliamentary amendment under Article 368.
  3. C
    It serves as an independent source of power to the legislature and is directly enforceable in a court of law to claim fundamental rights.
  4. D
    It was declared completely unamendable by the Supreme Court, rendering any subsequent constitutional amendments to it null and void.

Cevap

The Preamble is an integral part of the Constitution and can be amended under Article 368, provided its basic structure is not altered.
In the landmark Kesavananda Bharati v. State of Kerala case (1973), the Supreme Court of India held that the Preamble is an integral part of the Constitution. The Court further clarified that Parliament can amend the Preamble under Article 368, provided such amendments do not alter or destroy its basic structure.

Adım Adım Çözüm

1
Examine the evolution of judicial interpretation regarding the Preamble's status.
In the Berubari Union case (1960), the Supreme Court held that the Preamble was not part of the Constitution.
Understanding historical legal precedents sets the baseline for analyzing constitutional changes.
2
Analyze the decision in the Kesavananda Bharati case (1973).
The Supreme Court overruled the Berubari opinion and established that the Preamble is an integral part of the Constitution.
This landmark judgment integrated the Preamble into the core constitutional scheme.
3
Determine the scope and limits of amending the Preamble under Article 368.
The Court affirmed that while Parliament can amend the Preamble under Article 368, it cannot alter or destroy the basic structure or fundamental features contained within it.
The Basic Structure doctrine balances parliamentary amending power with constitutional supremacy.

Anahtar Kavram

Legal status and amendability of the Preamble of the Indian Constitution
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Constitutional Development, Framing, and Preamble

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