Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that while the Preamble can be amended under Article 368, the basic structure of the Constitution (including core Preamble values like democracy, secularism, federalism) cannot be destroyed by amendment.
- True
- False
Answer: True
Preamble and basic structure doctrine: (a) Kesavananda Bharati (1973): 13-judge bench held Parliament can amend Constitution under Article 368 but cannot alter its 'basic structure', (b) Preamble's role: (i) Preamble is part of Constitution, amendable under Article 368, (ii) BUT basic structure features (including core Preamble values: sovereignty, democracy, secularism, federalism, justice, liberty, equality, fraternity) cannot be destroyed by amendment, (c) Applications: (i) 42nd Amendment (1976): Added 'Socialist', 'Secular', 'Integrity' to Preamble - valid as it enhanced, not destroyed, basic structure, (ii) Hypothetical invalid amendment: Removing 'Democratic' or 'Secular' from Preamble would likely violate basic structure, (d) Rationale: (i) Constitutional identity: Basic structure preserves core values defining Indian constitutionalism, (ii) Democratic safeguards: Prevents transient majorities from destroying foundational democratic features, (iii) Rights protection: Ensures Fundamental Rights forming part of basic structure remain protected, (e) Illustrates calibrated amendment power: Preamble can be amended to reflect evolving national priorities, but core constitutional identity protected through basic structure doctrine.