Question

Q50) Consider the following statements :
1. The Preamble can not be amended under Art. 368.
2. The original Constitution had words Sovereign Socialist Secular Demaocratic Republic in its Preamble.
Which of the above is/are correct/

• A. a) 1 only
  
• B. b) 2 only
  
• C. c) Both 1 and 2
  
  
• D. d) None of the above

Answer 1

The correct option is A a) 1 only


Ans: A
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’. 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.