Can the Preamble be amended? | UPSC Polity
The Preamble is considered the heart and soul of the Indian constitution. It can be amended as per the provisions of the constitution. In fact, Any part of the constitution may be amended as long as the basic structure of the constitution is not violated.
During the Berubari case in 1960, the amenability of the Preamble was questioned. In the year 1973, it was stated by the supreme court that since the Preamble is a part of the constitution, it can be amended as per the provisions of the constitution.
In the landmark judgment of Kesavananda Bharati, the SC propounded the Basic Structure Doctrine. In this doctrine, the parliament had the power to amend any part of the constitution and there were no hindrances to its power.
Only one amendment has been made to the Preamble of the constitution till now. This amendment was made in the year 1976, by the forty-second Constitution Amendment Act. After this amendment, three new words were added to the Preamble that is socialist, secular, and integrity.
When Indira Gandhi set up a committee to introduce changes to the constitution in 1976. Sardar Swaran Singh’s committee introduce the 42nd Amendment to the Indian constitution.
The Preamble of the constitution is the introductory statement. The Kesavananda Bharati case included 13 judges for the first time to address writ petitions. Article 368 highlights that since the Preamble is a part of the Indian constitution, except for the basic structure it can be amended.
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