Assertion: constitution's preamble | /r/HasProperty | a part of the constitution
Facets:
value: in the opinion of h.r. khanna
type: OTHER
Source sentences:
text: It was said that since the Preamble was a part of the Constitution it could be amended like any other provisions of the Constitution.
text: I. that the Preamble to the Constitution of India is a apart of Constitution;
text: But in Kesavananda Bharati’s case, the Supreme Court rejected the above view and held that the Preamble is the part of Constitution.
text: On the question whether the Preamble can be amended the majority held that since the Preamble is the part of the Constitution it can be amended but subject to this condition that the “basic feature” in the Preamble cannot be amended.
text: The Supreme Court however held that the Preamble is a part of the Constitution and, therefore, on this point the Beruberi opinion was wrong.
text: And also whether the Preamble is a part of the Constitution, would depend the resolution of the next question, which follows as a corollary- whether the Preamble can be amended, if at all.
text: The vexed question whether the Preamble is a part of the Constitution or not was dealt with in two leading cases on the subject:
text: On the answer to the primary question- whether the Preamble is a part of the Constitution, would depend the resolution of the next question, which follows as a corollary- whether the Preamble can be amended, if at all.
text: An interesting argument advanced in Kesavananda case has been noted by Y.V. Chandrachud,J. that the Preamble may be a part of the Constitution but is not a provision of the Constitution and therefore, we cannot amend the Constitution so as to destroy the Preamble.
text: D.G. Palekar, J. held that the Preamble is a part of the Constitution and, therefore, is amendable under Article 368.
text: In the opinion of H.R. Khanna, J. the preamble is a part of the Constitution and walks before the Constitution”.
text: S.D. Dwivedi, J. expressing his concurrence with the conclusion arrived at by A.N. Ray, J., held that the Preamble was a part of the Constitution because the heading “