The goals specified in the Preamble contain the basic structure of the Constitution, which cannot be amended under Article 368 of the Constitution. Analyse this statement in the light of leading decided cases.
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Core Legal Answer & Context: The statement accurately reflects the essence of the Basic Structure Doctrine in Indian constitutional law. The Preamble to the Indian Constitution outlines the fundamental values, philosophy, and objectives upon which the Constitution is based, such as justice, liberty, equality, fraternity, sovereignty, socialism, secularism, and democracy. While the Preamble itself was initially not considered a part of the Constitution by some, the Supreme Court later affirmed its integral role. The Basic Structure Doctrine, a judicial innovation, posits that Parliament's power to amend the Constitution under Article 368 is not absolute and cannot be used to alter or destroy the fundamental features or the 'basic structure' of the Constitution. The ideals enshrined in the Preamble are widely regarded as embodying these fundamental features, thus placing them beyond the amending power of Parliament.
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Relevant Statutes and Sections:
- The Preamble of the Indian Constitution: Lays down the objectives and philosophy of the Constitution.
- Article 368 of the Indian Constitution: Deals with the power of Parliament to amend the Constitution and the procedure for doing so.
- Important Landmark Cases:
- Kesavananda Bharati v. State of Kerala (1973): This landmark case established the Basic Structure Doctrine. The Supreme Court, by a narrow majority, held that while Parliament has the power to amend any part of the Constitution, it cannot alter its 'basic structure' or 'essential features'. Although the Court did not explicitly define 'basic structure', it listed several illustrative features, many of which are reflected in the Preamble, such as the supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, and federal character. The Court also held that the Preamble is a part of the Constitution.
- S.R. Bommai v. Union of India (1994): This case further reinforced the Basic Structure Doctrine, explicitly holding that secularism, democracy, and federalism (all prominent themes in the Preamble) are integral parts of the basic structure of the Constitution.
- Minerva Mills Ltd. v. Union of India (1980): The Supreme Court reiterated that the amending power of Parliament under Article 368 is limited and cannot be used to destroy the basic structure of the Constitution. It emphasized the balance between Fundamental Rights and Directive Principles as a part of the basic structure, a balance that aligns with the Preamble's vision of a just society.
- Clear Conclusion: The Preamble, through its articulation of the foundational goals and ideals of the Indian Republic, serves as a guiding light for the interpretation of the Constitution. The Supreme Court, through the Basic Structure Doctrine, has effectively safeguarded these core principles, ensuring that the fundamental identity and spirit of the Constitution, as envisioned in the Preamble, remain inviolable and beyond the reach of parliamentary amendment, thereby preserving the constitutional ethos.