Q. Consider the following statements regarding the ‘Preamble of India’:
1. It cannot be amended as it enjoys protection under Basic Structure doctrine.
2. It is a source of restriction on the powers of the Government of the country.
3. Both the preamble of the Constitution of the USA and India starts with ‘We the people’.
How many of the above given statements are correct?
Answer: A
Notes:
Exp) Option a is the correct answer.
The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.
Statement 1 is incorrect: After the judgment of the Kesavananda Bharati case, it was accepted that the preamble is part of the Constitution. So, as a part of the Constitution, it can be amended under Article 368 of the Constitution.
Statement 2 is incorrect: The preamble shows that the people of India are the source of authority. It means power lies with the citizens to elect their representatives and they also have the right to criticize their representatives. According to Supreme Court in Kesavananda Bharati Case,
