Read the following passage and answer the questions.
The Constitution of India begins with the Preamble affirming its aims, objectives, and the guiding principles. The principles laid out in the Preamble are used for interpreting provisions of the Constitution that are vague and ambiguous; and as discussed in an earlier Unit, Preamble is the 'basic structure' of the Constitution. In that, the doctrine of 'basic structure' takes away the amendment power of the Parliament with regards to certain feature of the Constitution such as democracy, rule of law, secularism, separation of power and judicial review. Some of these features appear in the Preamble.
Which of the following is provided immunity from Article 368 by applying Basic Structure Doctrine?
Answer & explanation
Correct answer: option 2
The correct answer is Option (2) → Preamble
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Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution. However, through the Basic Structure Doctrine (established in the Kesavananda Bharati case, 1973), certain parts of the Constitution, including the Preamble, are protected from being altered in a way that would destroy its essential features.
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The Preamble is part of the Constitution and reflects its core values (e.g., justice, liberty, equality, fraternity, secularism). It is considered part of the basic structure, and while it can be amended, any amendment must respect its essential nature.
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Directive Principles of State Policy (DPSP), Fundamental Duties, and Parliamentary Debates are not explicitly protected by the Basic Structure Doctrine. Though important, they do not enjoy the same constitutional safeguard as the Preamble under the Basic Structure Doctrine.