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CS Executive · Jurisprudence, Interpretation and General Laws · Constitution of India

In Kesavananda Bharati v. State of Kerala, the Supreme Court's view on the Preamble was that it:

The Supreme Court held that the Preamble is part of the Constitution and can be amended under Article 368, provided the basic structure is not damaged. It does not itself create enforceable rights, and the earlier view in Berubari that it is not part was overruled.

  1. Ais not part of the Constitution and is only an introduction
  2. Bis part of the Constitution and can be amended without affecting the basic structureCorrect
  3. Cis part of the Constitution and cannot be amended at all
  4. Dis enforceable in a court of law as a source of independent rights

Explanation

Kesavananda Bharati overruled the earlier Berubari view and held the Preamble is part of the Constitution. It is amendable under Article 368, but the amendment cannot destroy the basic structure. The Preamble is not itself a source of enforceable rights.

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