IS PREAMBLE AMENDABLE ?

◇ In the Keshavananda bharati case 1973 SC held that Preamble can not be amended as it is not a part of Constitution.

◇ Later SC reversed its decision and held that Preamble is a part of Constitution and can be amended.

◇ However, No amendment can be done to Basic features mentioned in Preamble.

◇ Preamble only amended once so far by 42nd CAA which added three new words :-

• Socialist, 

• Secular and 

• Integrity.

🔸️In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution.

◇ In the Berubari union case (1960), SC held that Preamble is not a part of Constitution.

🔸️Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution.

🔸️In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.

◇ In the Kesavananda Bharati case (1973), SC rejected earlier opinion and held Preamble is a part of Constitution.

🔸️In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.

◇ In the LIC of India case ( 1995 ) SC again held that the Constitution is an integral part of Constitution.

🔸️ However, two things should be noted :-

 

1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. 

2. It is non-justiciable, that is, its provisions are not enforceable in courts of law.