Banner
WorkflowNavbar

Can Preamble be amended without altering date, asks SC

Can Preamble be amended without altering date, asks SC
Contact Counsellor

Can Preamble be amended without altering date, asks SC

  • The Supreme Court recently probed whether the Preamble of the Indian Constitution could have been amended without altering the date of its adoption on November 26, 1949.

Background

  • The Preamble underwent one amendment in December 1976, through the 42nd Constitutional Amendment, during the Emergency, by the Indira Gandhi government.
  • This amendment introduced the terms 'socialist' and 'secular' and replaced the phrase 'unity of the nation' with 'unity and integrity of the nation'.
  • Originally, the text of the Preamble declared India as a ‘sovereign, democratic republic’.

Legal Inquiry

  • The Bench was hearing a petition filed to delete the words ‘socialist’ and ‘secular’ from the Preamble.
  • The judges are questioning whether it would have been possible to modify the Preamble while keeping the original date of adoption intact.
  • The Kesavananda Bharati case establishes the Preamble's amendability, provided it doesn't violate the Constitution's basic structure.
  • The Supreme Court schedules further hearings on the matter for the week starting April 29, 2024.

Prelims Takeaway

  • Preamble
  • Kesavananda Bharati Case

Categories