Question

In which case, it was held by the Supreme Court that ‘Preamble is the basic structure of the Constitution of India?
A. Golaknath case. (1967) SCR 769
B. Maneka Gandhi case. AIR 1978 SC 597
C. Swarn Singh case. AIR 1989 SC 188
D. Keshvananda Bharti case. AIR 1973 SC 1461

Answer 1

Hint: This case is a milestone and also a turning point in the constitutional history of India. The lead petitioner of this case was a Keralite. This case was the largest ever constitution bench of thirteen judges. Of these judges, nine judges favored this case.

Complete step by step answer:
Through the judgment of Justice H. R Khanna in the Keshavananda Bharti case, the Supreme Court declared that the basic structure of the constitution is resting on the foundation of the constitution. The basic foundation of the constitution is the dignity of its citizens with supreme freedom. It cannot be destroyed by any legislation of the parliament. The basic features/ structure of the constitution is not defined by the judiciary. Through previous cases, twenty features have been described as basic and essential by courts. Some of the features of the constitution that are termed as basic include:
1. Rule of law
2. The Supremacy of the constitution
3. Separation of powers
4. Judicial review
5. Federalism
6. Secularism
7. The sovereign, Democratic, and republic
8. The Dignity of the individual
9. Unity and integrity of the nation
10. The principle of equality
11. Social and economic justice
12. Parliamentary system
13. Principle of fair elections
14. Powers of the Supreme court
The Indian constitution starts with a Preamble. The preamble includes the objectives, ideals, and principles of the constitution. The features of the constitution have been made by taking directly and indirectly from these objectives from the Preamble. There was an argument that came up that is to consider Preamble as the basic structure of the constitution of India. Holiness Kesavananda Bharati Sripadagalvaru, the leader of math in Kerala is the person who came up with this argument. In $1973$, the constitution Bench of $13$ judges (largest bench of judges ever), heard the arguments of the Kesavananda Bharati case (a writ petition). This case has created a history in India. The Supreme Court reviewed the decisions of the Golaknath case which was over-ruled and considered the validity of certain amendments. In this case, the majority of the judges favored their opinions. And finally, the case concluded as the following:
1. The Preamble is a part of the Indian constitution
2. The preamble is not a source of power or a source of limitations.
3. It has a significant role to play in the interpretation of provisions of the constitution.
So, the correct answer is Option D.

Note: According to the Indira Nehru Gandhi case and in the Minerva Mills case, the claim of any feature of the Constitution that is "basic" would be decided by the Court itself. Ten judges argued that Golak Nath's case was wrongly decided at the time of the Kesavananda Bharti case. The major success of this case was the strong support of nine judges out of thirteen judges.