Can Preamble be Amended under Article 368 ??
The question was raised for the first time before the supreme Court in the historic case of Keshavanand Bharati Keshav Nand Bharti vs State of Kerala. In this case the Attorney General argued that by virtue of the amending power in Article 368 even the Preamble can be amended. It was said that since the Preamble was a part of the Constitution it could be amended like any other provisions of the constitution. The petitioner however, contented that be amending power in article 368 is limited. Preamble creates an implied limitation on the power of amendment. The Preamble contains the basic elements or the fundamental feature of our constitution. Consequently, amending power cannot be used so as to destroy or damaged these basic features of mentioned in the Preamble. It was argued that preamble cannot be amended as it is not a part of the constitution. The supreme court however, held that the Preamble is part of the constitution and therefore, on this point the Beruberi opinion was wrong.
On the question whether the Preamble can be amended the majority held that since the Preamble is the part of the Constitution it can be amended but subject to this condition that the" basic features" in the Preamble cannot be amended. The Court said, "the edifice of our constitution is based upon the basic elements mentioned in the Preamble . If any of these elements removed the structure will not survive and it will not be the same constitution or it cannot maintain its identity .
The Preamble declare that the people of India resolved to constitute their country into a sovereign democratic Republic. No one can suggest that these words and expressions are ambiguous in any manner. An amending power cannot be interpreted so as to confer power on the Parliament to take away any of these fundamental and basic characteristics of policy." It is submitted that this view of the court is correct. The amendment power cannot change the constitution in such a way it is ceases to be a sovereign, democratic, republic, it can only be done by wrecking constitution.
(Check it out.... 42nd constitution Amendment and The Preamble)