Question

Consider the following statements about the Preamble of the Indian Constitution:
1. The objective resolution proposed by Pt. Nehru ultimately became the Preamble.
2. It is not justiciable in nature.
3. It cannot be amended.
4. It cannot override the specific provisions of the Constitution.
Which of the above statements is/are correct?

• A. 1 and 2
• B. 1, 2 and 4
• C. 1, 2 and 3
• D. 2, 3 and 4

Answer 1

The correct option is B 1, 2 and 4

The Supreme Court, in the historic case of Kesavananda Bharati (1973), held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’. In other words, the Court held that the basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368.