India's No.1 PU & Degree With Integrated IAS & IPS(UPSC/PSC) Training College.
CAN PREAMBLE BE AMENDED KEEPING DATE INTACT, ASKS SC
Why in the news:
The Supreme Court questioned if the Constitution’s Preamble could be amended while retaining the original adoption date.
source:pxfuel
source:pxfuelAbout SC queries if Preamble amended:
- Supreme Court questions the possibility of amending the Preamble without altering its adoption date of November 26, 1949.
- Preamble was amended in December 1976 during the Emergency, introducing ‘socialist’ and ‘secular,’ replacing ‘unity of the nation’ with ‘unity and integrity of the nation.’
- Justice DipankarDatta inquires about the academic feasibility of changing the Preamble while keeping the original date intact.
- Subramanian Swamy’s petition seeks the removal of ‘socialist’ and ‘secular’ from the Preamble.
- Court reflects on the historical context, emphasizing the 42nd Constitutional Amendment’s controversial nature during the Emergency.
- Debate centers on whether amending the Preamble without revising the adoption date was legally sound, considering its integral role in the Constitution.
| About Article 368
● Article 368 of the Indian Constitution pertains to the power of Parliament to amend the Constitution. ● It outlines the procedures for amendment, requiring a special majority in both Houses of Parliament. ● The Supreme Court’s interpretation of Article 368 is crucial in determining the scope and limitations of constitutional amendments. ● Amendments must not violate the Constitution’s basic structure.
|
