GK Question

polity hard mcq

In Kesavananda Bharati v. State of Kerala (1973), which of the following was NOT a core holding of the 13-judge Constitution Bench?

  1. Parliament can amend any part of the Constitution under Article 368
  2. Parliament cannot alter the 'basic structure' of the Constitution through amendments
  3. Fundamental Rights can be abridged but not destroyed by constitutional amendment
  4. The Preamble is not part of the Constitution and has no legal force

Answer: The Preamble is not part of the Constitution and has no legal force

Kesavananda Bharati (1973) core holdings: (a) 13-judge bench held: (i) Parliament has wide amending power under Article 368, (ii) BUT cannot alter 'basic structure' of Constitution (supremacy of Constitution, republican/democratic form, secularism, federalism, separation of powers, judicial review, rule of law, individual dignity), (iii) Fundamental Rights can be abridged but not destroyed if part of basic structure, (iv) Preamble IS part of Constitution and informs basic structure identification, (b) Option (d) is incorrect: Court held Preamble is part of Constitution (overruling Berubari Union case, 1960), has interpretive value though not directly enforceable, (c) Applications: (i) Subsequent cases used basic structure to strike down amendments violating core features, (ii) Preamble values guide interpretation of constitutional provisions, (d) Illustrates calibrated amendment power: Parliament can adapt Constitution but core identity protected through basic structure doctrine.

Topic Kesavananda Bharati Case - Core Holdings
Exam Relevance Kesavananda Bharati core holdings critical for UPSC Mains and Judiciary exams