Alteration of Bharat's Preamble: Why Was It Changed While Remaining Unchangeable for Others?
Revamped Article:
India's Constitution Preamble: A contentious change
Delhi | Weekend saw Vice-President Jagdeep Dhankhar serving a scathing critique of the transformations made to India's Constitution Preamble during the Emergency period of 1975, referring to it as a betrayal of the document's essence and the intentions of its creators.
His remarks were delivered at an event honoring the first edition of 'Ambedkar's Messages' compiled by author and former Karnataka legislator DS Veeraiah, hosted at the Vice-President's Enclave.
Expressing his views, Dhankhar emphasized that a Preamble of a constitution holds an immutable status, not intended to be altered or redefined, serving as the foundation upon which the constitution evolves.
He evoked the unusual occurrence of the Preamble changing in India, but nowhere else globally, alluding to the alterations made via the 42nd Constitutional Amendment Act of 1976, which introduced phrases such as "socialist," "secular," and "integrity."
Dhankhar passionately stated, "The constitution's Preamble is its lifeblood. The Indian Constitution's Preamble is exceptional... barring India, no other constitution's Preamble has endured a change. Why? Because Preamble is not changeable. Preamble is not modifiable. Preamble is the origin of the constitution. It is the soul of the constitution, but this preamble for India was tampered with by the 42nd Constitutional Amendment Act of 1976, incorporating the terms Socialist, Secular, and Integrity."
The Vice-President's commentary formed part of a broader assessment of the constitutional changes unfolded during the Emergency era, referring to it as the "deepest shadow cast on Indian democracy."
He reflected on the suppression of citizen and political leader rights, raising concerns about the credibility of modifying the Preamble under such circumstances.
In the sarcastic vein, Dhankhar critiqued the insertion of the terms "Socialist," "Secular," and "Integrity" during the Emergency as an "open wound" that might cause turmoil and betray the original intentions of the constitution's architects, symbolizing an affront to the ancient spiritual and societal ethos of India.
"We're altering the core of the Constitution. We're, in effect, by these flashes of words added during the darkest period of the Emergency, giving wings to existential challenges. These words have been introduced as an open wound. These words breed upheaval. The insertion of these words in the Preamble during the Emergency suggests a violation of the original mindset of the Constitution's framers. It amounts to a blasphemy against the spiritual essence of Sanatana, undermining the civilizational wealth and wisdom of our country that spans millennia," stated Dhankhar.
Dhankhar simultaneously commended the relevance of B.R. Ambedkar's messages, imploring them to be honored and respected by policymakers and legislators.
"Ambedkar dwells within our hearts, governs our minds, and resonates with our souls... Ambedkar's messages harbor immense contemporary significance for us. His messages must permeate the society, reaching the grassroots. The young must learn about these messages," he said, encouraging a reevaluation of the reasons our democratic structures are being undermined and disrupted.
Dhankhar reminisced upon the perspectives of various judges, such as Justices Hidayatullah, Hegde, Mukherjee, Shelat, and Grover in the IC Golaknath versus State of Punjab case, who considered the Preamble as unalterable and embodying the constitution's fundamental values. He juxtaposed this with the careless alteration during the Emergency, labelling it a seismic shock to the constitutional structure.
"The Preamble of our Constitution encapsulates its ideals and aspirations in a concise manner. It embodies more than just a decorative phrase; it symbolizes the objectives that the Constitution pursues," quoted Vice-President Dhankhar in relation to Justice Hidayatullah's thoughts, highlighting the gravity of the change.
Dhankhar ended on a reflective note, encouraging India to prioritize the nation over religiosity and creed, echoing Ambedkar's message from his final address to the Constituent Assembly on November 25, 1949.
"I would rather my loyalty as an Indian didn't in the slightest manner be affected by my competitive loyalty, whether that loyalty springs from my faith, my culture, or my language. I want all individuals to be Indian first, Indian last, and nothing but Indian," Ambedkar stated, a message that Dhankhar called for to be inscribed and perused daily.
He cautioned about the dangers of privileging creed over the nation, echoing Ambedkar's concerns that India's independence might once again be threatened.
"This apprehension is intensified by the realization that in addition to our old adversaries in the form of castes and creeds, we will witness multiple political parties with antithetical ideologies. Will Indians put the country above their creeds? Or will they put creeds above the country... I don’t know, but I am certain that if parties prioritize creeds over the nation, our independence may be threatened a second time, potentially forever," stated Dhankar, quoting Ambedkar.
(The article has not been modified by our editorial staff except for the headline.)
Enrichment Insights:- The 42nd Constitutional Amendment of 1976 introduced changes to India's Constitution Preamble, incorporating the phrases "socialist," "secular," and "integrity".- Some view the changes as a violation of the Constitution's soul, betraying the original framers' intentions, as the Preamble is considered the foundation of the Constitution.- The Emergency period of 1975-1977, during which the changes were implemented, represents a contentious backdrop due to the suppression of civil liberties and centralization of power.- The terms "socialist" and "secular" have been debated in recent times, with political figures discussing the possibility of reviewing or reconsidering these words.
- The discussion about the constitutional changes during the Emergency era, including the addition of phrases such as "socialist" and "secular" to India's Constitution Preamble, falls under the category of policy-and-legislation and general-news.
- The Vice-President's critique of these changes, which he labels as an "open wound" that might cause turmoil and betray the original intentions of the constitution's architects, is a significant political issue that intertwines with general-news and policy-and-legislation.
