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Zorluk: ZorConstitutional Development, Framing, and Preamble

Which of the following statements regarding the legal status, amendability, and historical adoption of the Preamble to the Constitution of India are correct?

  1. The Supreme Court of India ruled in the Kesavananda Bharati case (1973) that the Preamble is an integral part of the Constitution, departing from its earlier view in the Berubari Union case (1960).Cevap
  2. B
    The provisions stated in the Preamble are directly justiciable and enforceable in a court of law to strike down ordinary legislation.
  3. The Preamble can be amended under Article 368 of the Constitution, provided that such an amendment does not alter or destroy its basic structural features.Cevap
  4. D
    The Constituent Assembly adopted the Preamble at the very beginning of the Constitution-making process, prior to framing the substantive Articles.

Cevap

The correct statements are that the Supreme Court affirmed the Preamble as an integral part of the Constitution in the Kesavananda Bharati case (1973), and that the Preamble can be amended under Article 368 without altering its basic structure.
The correct statements accurately reflect Indian constitutional jurisprudence: the Supreme Court established in Kesavananda Bharati (1973) that the Preamble is an integral part of the Constitution (overruling the 1960 Berubari opinion), and that while it can be amended under Article 368, such amendments cannot alter its basic structure.

Adım Adım Çözüm

1
Evaluate the statement regarding judicial precedent on the legal status of the Preamble.
In the Berubari Union case (1960), the Supreme Court viewed the Preamble as a key to the minds of the framers but not a part of the Constitution. In the Kesavananda Bharati case (1973), this was overruled, declaring the Preamble an integral part of the Constitution. This statement is correct.
Tracking judicial evolution is necessary to determine the legal standing of the Preamble.
2
Assess the justiciability and enforceability of the Preamble.
The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature. It is non-justiciable, meaning its provisions are not enforceable in courts of law. This statement is incorrect.
Constitutional law explicitly distinguishes between justiciable rights and non-justiciable constitutional declarations.
3
Examine the amendability of the Preamble under Article 368.
The Supreme Court held that the Preamble can be amended under Article 368, subject to the condition that the 'basic structure' reflected in the Preamble (such as sovereign, democratic, republic nature) is not destroyed. This statement is correct.
Article 368 power is bounded by the Basic Structure doctrine established in 1973.
4
Verify the historical sequence of the adoption of the Preamble by the Constituent Assembly.
Although founded on the Objectives Resolution introduced in December 1946, the Preamble itself was passed by the Constituent Assembly after the rest of the Constitution was finalized to ensure harmony. This statement is incorrect.
Chronological order in the Constituent Assembly proceedings is vital for historical accuracy.

Anahtar Kavram

Legal status, justiciability, amendability, and historical adoption of the Preamble to the Indian Constitution.
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Konular

Constitutional Development, Framing, and Preamble

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