Facts of the Case
The Parliament proposed a constitutional amendment to remove the word “Socialist” from the Preamble of the Constitution of India. The amendment was challenged in court on the ground that it violates the basic structure of the Constitution. The dispute raises the question whether such removal is constitutionally permissible.
Issues in the Case
- Whether the removal of the word “Socialist” from the Preamble amounts to a violation of the basic structure of the Constitution.
- Whether Parliament has the power to amend the Preamble in a way that changes the ideological framework of the Constitution.
- What judicial tests or principles govern amendments affecting the Preamble.
Legal Principles Covered
A. Constitutional Provisions
- Article 368 – Power of Parliament to Amend the Constitution
- Parliament may amend any provision, subject to limitations implied by the basic structure doctrine.
- Amendments must not destroy essential features of the Constitution.
- Preamble of the Constitution
- Declares India to be Sovereign, Socialist, Secular, Democratic Republic.
- Reflects the ideological foundation and basic values of the Constitution.
B. Judicial Principles / Precedents
- Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
- Established the Basic Structure Doctrine.
- Parliament cannot amend features forming the basic structure, including democracy, secularism, and socialism.
- Indira Nehru Gandhi v. Raj Narain (1975) 4 SCC 1
- Reinforced that amendments must not violate essential constitutional values.
- Minerva Mills v. Union of India (1980) 3 SCC 625
- Emphasized that balance between Fundamental Rights and Directive Principles, which include socialism, is part of the basic structure.
C. Principles
- Socialism as part of Basic Structure
- Socialist principles in the Preamble and Directive Principles ensure social justice, equality, and reduction of socio-economic inequalities.
- Removing “Socialist” alters the ideological foundation of the Constitution.
- Doctrine of Pith and Substance for Amendments
- Courts examine the substance of amendment; if it affects basic structure, it is invalid.
Possible Judgement / Legal Advice
- Constitutional Validity
- Removing the word “Socialist” would affect the basic ideological framework of the Constitution.
- As per Kesavananda Bharati and Minerva Mills, this is likely invalid.
- Judicial Reasoning
- Basic structure includes: democracy, secularism, socialism, rule of law, separation of powers.
- Parliament cannot remove “Socialist”, as it would undermine social justice and equality principles embedded in the Constitution.
- Advisory Conclusion
- The amendment proposing removal of “Socialist” is likely unconstitutional.
- Courts would probably strike it down, reinforcing that Parliament cannot alter the core ideology of the Constitution.
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Understand the constitutional debate on removing the term “Socialist” from the Preamble of India at Lawgnan.in. Discover how the Basic Structure Doctrine, established in Kesavananda Bharati (1973), limits Parliament’s power to amend the Constitution. Learn why “Socialism” remains vital to India’s constitutional ideology, ensuring equality, social justice, and welfare for all. Read expert legal interpretations, judicial precedents, and analytical summaries to strengthen your understanding of constitutional amendments, Preamble philosophy, and basic structure protection. Visit Lawgnan.in for in-depth explanations of the most significant constitutional cases in Indian legal history.
