In which case was it held that the Preamble cannot be amended?
Asked by: Aaliyah Schimmel | Last update: February 4, 2026Score: 4.5/5 (45 votes)
The Supreme Court initially held that the Preamble is not part of the Constitution and thus not amendable in the Berubari Union Case (1960), but this view was overturned in the landmark Kesavananda Bharati vs. State of Kerala Case (1973), which declared the Preamble an integral part of the Constitution, capable of amendment as long as its "basic structure" isn't altered.
In which case was it held that the preamble can be amended?
Amendment to the Preamble: The Court in the Kesavananda Bharati Case also ruled that the Preamble can be amended under Article 368 of the Constitution, provided that the basic structure of the Constitution, as reflected in the Preamble, is not altered or destroyed.
In which case did the Supreme Court say preamble is not part of the Constitution?
The Supreme Court ruled in the Berubari case that the Preamble cannot ever be acknowledged as a source of significant authority since it is not a part of the Constitution.
Can the preamble of the Constitution be amended?
Article 368 further highlights that since preamble is part of Indian constitution, except the basic structure it can be amended.
In which case was held that the preamble of the Constitution emphasizes the need to secure to all its citizens justice, liberty, equality, and fraternity?
95 In Kesavananda Bharati v State of Kerala155 (“Kesavananda Bharati”), Chief Justice Sikri noticed that the Preamble is a part of the Constitution. The Preamble emphasises the need to secure to all citizens justice, liberty, equality and fraternity.
Can Preamble Be Amended Under Article 368?
What was Kihoto Hollohan's case?
Analysis of Kihoto Hollohan vs. Zachillhu (1993) The case acts as a landmark precedent in the area of anti-defection legislation in Indian democracy. It established the constitutional validity of the anti-defection law by asserting the validity of the 52nd Amendment Act, 1958, and hence the Tenth Schedule.
What is the important case related to the Preamble?
Kesavananda Bharati Case, 1973
The Preamble of Indian Constitution will now be considered a part of the Constitution. It will play an important role in the interpretation of statutes and other various provisions of the Constitution.
Can Preamble be amended in a Berubari case?
The court stated that the opinion tendered by it in the Berubari Union (1960) case was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the 'basic features'.
Why was the Preamble amended in 1976?
The 42nd Amendment Act: amendments to the preamble
In this act, attempts were made to curtail the Supreme Court's & High Courts' authority. The citizens' fundamental duties were established. By this amendment, there were many parts of the Indian constitution that were changed, including the clause itself.
How many times was the preamble of the constitution amended?
The preamble was amended on just one occasion on 18 December 1976, with most of the opposition being jailed during the Emergency in India, the Gandhi government pushed through several changes within the Forty-second Amendment of the constitution.
What was held in the Berubari case?
The Berubari Union Case established a clear constitutional procedure for transferring territory from India to another country, ruling that such transfers must occur through a constitutional amendment under Article 368.
What does "Fraternity" mean in the Preamble?
Answer. Fraternity refers to a sense of brothers and sisterhood among the country's citizens and a sense of belonging. According to the Preamble, the fraternity must ensure two things: the individual's dignity and the nation's unity and integrity. Answer.
Which is the famous case under the Indian Supreme Court?
Maneka Gandhi case (1978)
A main issue in this case was whether the right to go abroad is a part of the Right to Personal Liberty under Article 21. The SC held that it is included in the Right to Personal Liberty. The SC also ruled that the mere existence of an enabling law was not enough to restrain personal liberty.
In which case was it decided that the Preamble is not a part of the Constitution?
1️⃣ BERUBARI UNION CASE (1960): DECISION: The Supreme Court initially held that the Preamble is not a part of the Constitution and, therefore, cannot be used for interpreting its provisions. It also stated that the Preamble is not a source of power or limitation on the power of the legislature.
What does "Equality" mean in the Preamble?
According to Abraham Lincoln, the founders did not mean that "all were equal in color, size, intellect, moral developments, or social capacity" but rather that everyone was equal in having "certain inalienable rights, among which are life, liberty and the pursuit of happiness".
What changes were made to the Preamble of the 42nd amendment?
The 42nd Amendment Act, 1976: A Significant Shift
The 42nd Amendment, often dubbed the "Mini-Constitution" due to its extensive changes, was enacted during the Emergency. It fundamentally altered the Preamble by adding three new words: 'Socialist,' 'Secular,' and 'Integrity.
How can a Preamble be amended?
Only by introducing a Bill in each House of Parliament can the Constitution be amended. The Bill must next be passed by a majority of the entire membership of each House, as well as a majority of at least two-thirds of the members present and voting in each House.
Who proposed the 42nd amendment?
The 42nd Amendment Act was enacted by Indira Gandhi, the then Prime Minister of India. It transformed India from a unitary system of governance to a federal one. This amendment effectively changed the “Indian Union” into a federation with three federal systems of government in addition to the Indian Union.
What does "Republic" mean in the Preamble?
[W]e may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
Why is part 7 removed?
Ans. Part 7 dealt with Part-B states. After the 7th Constitutional Amendment, 1956, Part-B states were merged with others, making this part redundant, so it was repealed.
What is the 97th amendment all about?
The 97th Amendment Act of 2011 granted cooperative societies constitutional recognition and protection. In this context, it amended the Constitution in three ways: It established the right to organise cooperative organisations as a basic right (Article 19)
Which state is Berubari in?
Berubari is a village in Jalpaiguri Block, Jalpaiguri District, West Bengal, India. It is located near the border with Bangladesh, approximately 12.7 kilometres south of the district and block capital Jalpaiguri. In 2011, it has a total population of 41,593.
What does "Sovereign" mean in the Preamble?
Sovereign, as one of the keywords of the preamble, denotes the independent nature of any state and the power of the state to deal with its matters without any dependency. Sovereignty can be defined as the supremacy of the constitution.
What is the most famous Supreme Court case?
Landmark United States Supreme Court Cases
- Marbury v. Madison (1803) ...
- McCulloch v. Maryland (1819) ...
- Gibbons v. Ogden (1824) ...
- Dred Scott v. Sandford (1857) ...
- Schenck v. United States (1919) ...
- Brown v. Board of Education (1954) ...
- Gideon v. Wainwright (1963) ...
- Miranda v. Arizona (1966)
What does "Socialist" mean in the Preamble?
The Supreme Court clarified that the term 'socialist' in the Constitution's Preamble reflects a commitment to being a welfare state and ensuring equality of opportunity, without mandating specific economic policies.