Question

For which one of the following judgements of Supreme Court of India, the Kesavananda Bharati vs State of India case is considered a landmark?

• A. The religion cannot be mobilised for political ends
• B. Abolishing untouchability from the country
• C. Right to life and liberty cannot be suspended under any circumstance
• D. The basic structure of the Constitution, as defined in the Preamble, cannot be changed

Answer 1

The correct option is D The basic structure of the Constitution, as defined in the Preamble, cannot be changed

The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic case of Kesavananda Bharati (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. The Supreme Court, however, 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’.