Question

The famous Kesavananda Bharati (1973) case was associated with which of the following issues?
1. Appointment of the judges of the Supreme Court
2. Creation of Goa as a State
3. Amenability of the Preamble 
4. Abolition of Directive Principles of State Policy 

Answer 1

Correct Answer - Option 3 : Amenability of the Preamble 

The correct answer is Amenability of the Preamble.

• The famous Kesavananda Bharati (1973) case was associated with Amenability of the Preamble.

•  Kesavananda Bharati Sripadagalvaru and Ors v State of Kerala Case, 1973:
  •  Kesavananda Bharati challenged the Kerala land reforms legislation in 1970.
  • The land reforms case imposed restrictions on the management of religious property.
  •  Under Article 26 the case was challenged.
• The verdict:
  •  Any provision of the Indian Constitution can be amended by the Parliament in order to accomplish its socio-economic obligations that were guaranteed to the citizens as mentioned in the Preamble, provided that such amendment did not change the basic structure of the constitution.
  • The preamble is a part of the constitution and can be amended by the Parliament under Article 368.

• Golaknath Case, 1967:
  • The preamble was not a part of the constitution.
• The Preamble:
  • It is a borrowed feature from the Constitution of the USA.
  • The Preamble to the Indian Constitution is based on the Objectives Resolution drafted and moved by Pandit Nehru and adopted by the Constituent Assembly.
  • The Preamble has been amended only once, in 1976, by the 42nd Constitutional Amendment Act, which added three new words Socialist, Secular, and Integrity.
  • The Preamble is not enforceable in a court of law.