Constitutional Amendments in India

The Constitution of India can be amended under Article 368. However, the scope of this amending power has been subject to judicial interpretation.

The Basic Structure Doctrine

The Supreme Court of India, in landmark cases like Kesavananda Bharati v. State of Kerala (1973), propounded the doctrine of the 'Basic Structure'. This doctrine states that while Parliament can amend any part of the Constitution, including Fundamental Rights, it cannot alter or destroy the Constitution's basic structure or essential features.

Analysis of Options

• Directive Principles of State Policy: These principles are not legally enforceable by courts but guide the state. They can be amended, although their implementation must respect the basic structure and Fundamental Rights.
• Fundamental Rights: Part III of the Constitution guarantees fundamental rights. While Parliament can amend these rights, the amendments cannot violate the basic structure of the Constitution. Some core aspects essential for dignity and liberty are protected.
• Preamble to the Constitution: The Preamble indicates the nature of the Indian polity. While it was amended once in 1976 to add 'Socialist', 'Secular', and 'Integrity', its fundamental spirit is considered part of the basic structure. However, it's not typically cited as the primary unamendable part in the same way as judicial review.
• Judicial Review: This is the power of the courts to examine the constitutional validity of legislative enactments and executive orders. The Supreme Court has consistently held that judicial review is an integral and essential feature of the Indian Constitution, forming a crucial part of its basic structure. Therefore, it cannot be abrogated or taken away by any amendment.

Conclusion on Unamendable Part

Based on the pronouncements of the Supreme Court regarding the basic structure doctrine, judicial review is considered an essential feature that cannot be amended or destroyed, making it effectively unamendable in its core essence.