Understanding the Kesavananda Bharati Case and the Preamble

The question asks about the specific year of the landmark Supreme Court ruling in the Kesavananda Bharati case concerning the status of the Preamble to the Constitution of India.

The Kesavananda Bharati case, officially known as Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr., is a pivotal judgment in Indian constitutional law. One of the key aspects decided in this case was whether the Preamble is considered a part of the Constitution and if it can be amended under Article 368.

Supreme Court Ruling on the Preamble

Prior to the Kesavananda Bharati case, in the Berubari Union case (1960), the Supreme Court had stated that the Preamble was not a part of the Constitution. However, the ruling in the Kesavananda Bharati case overturned this earlier position.

In the Kesavananda Bharati case, the Supreme Court held that the Preamble is indeed a part of the Constitution. While it affirmed that the Preamble could be amended, it also introduced the concept of the 'Basic Structure Doctrine'. This doctrine implies that the Parliament cannot amend the provisions of the Constitution, including the Preamble, in a way that alters its basic structure or essential features.

The Year of the Kesavananda Bharati Judgment

The historic judgment in the Kesavananda Bharati case was delivered in the year 1973. This ruling significantly impacted the understanding of the Preamble's importance and the scope of Parliament's amending power.

Let's summarise the key points regarding the Preamble from the Kesavananda Bharati case:

Therefore, the Supreme Court ruled in the Kesavananda Bharati case of 1973 that the Preamble is a constituent of the Constitution.

Revision Table: Key Constitutional Cases on Preamble

Additional Information: Basic Structure Doctrine

The Basic Structure Doctrine, introduced in the Kesavananda Bharati case (1973), is a very important concept in Indian constitutional law. It acts as a limitation on the Parliament's power to amend the Constitution.

• The doctrine holds that certain fundamental features of the Constitution, which form its "basic structure," cannot be amended by the Parliament.
• The Supreme Court did not explicitly define what constitutes the basic structure, but has listed several elements in various judgments over time.
• Examples of elements considered part of the basic structure include:
  • Supremacy of the Constitution
  • Republican and Democratic form of Government
  • Secular character of the Constitution
  • Separation of powers between the legislature, executive, and judiciary
  • Federal character of the Constitution
  • Unity and integrity of the Nation
  • Judicial Review
  • Freedom and dignity of the individual
• The Preamble, embodying the objectives and philosophy of the Constitution, is considered part of this basic structure. Any amendment to the Preamble that changes its basic character is not permissible.