Vice President Jagdeep Dhankhar, questioning the 42nd Constitutional Amendment, stated that the Preamble to the Constitution cannot be changed. He advocated for a reconsideration of the addition of words like "Socialist" and "Secular" to the core spirit of the Constitution.
New Delhi: Vice President Jagdeep Dhankhar has sparked a new debate in the country's politics by making a significant statement recently. He believes that the Preamble to the Indian Constitution cannot be altered because it is the soul of the Constitution. He also noted that no other country in the world has amended its constitution's preamble, whereas India has. This statement comes as the 50th anniversary of the Emergency is approaching, reigniting discussions about the changes made during that period.
The Emergency and the 42nd Amendment
During the Emergency in 1976, the 42nd Amendment to the Indian Constitution was enacted under the leadership of then Prime Minister Indira Gandhi. Through this amendment, three new words were added to the Preamble: "Socialist," "Secular," and "Integrity." These changes were made when the opposition was weakened, and the government, enjoying a full majority in Parliament, made several amendments to the Constitution.
Dhankhar's Argument: The Preamble as the Soul of the Constitution
In his statement, Vice President Dhankhar said that the Preamble is not merely a formal introduction but rather the very essence of the Constitution. He emphasized that the amendments made to this Preamble raise questions about the foundation of Indian democracy. He also pointed out that Babasaheb Bhimrao Ambedkar did not include these words in the original Preamble, implying that their significance was not understood at the time, or they were intentionally excluded.
RSS's Dattatreya Hosabale's Comments
Dattatreya Hosabale, the Sarkaryavah (General Secretary) of the RSS, also questioned the amendments made to the Preamble. He stated that the words "Socialist" and "Secular" were not included in the original Preamble. According to him, Babasaheb intentionally omitted these words because he did not consider these ideologies to be in line with the spirit of the Constitution. He believes that adding these words has undermined the core spirit of the Constitution, and it's time to reconsider it.
Support from Central Leaders
The comments of Dattatreya Hosabale were also supported by senior BJP leaders. Union Minister Dr. Jitendra Singh and former Chief Minister Shivraj Singh Chouhan said that since Babasaheb did not include these words in the original Preamble, adding them later amounts to tampering with the original spirit of the Constitution. These leaders believe that the Constitution is a permanent document and should not be altered merely for political advantage.
The Legal Aspect of Changing the Preamble
The Preamble to the Constitution is considered an integral part of the Indian Constitution. However, the Supreme Court has clarified in several judgments that the Preamble can be amended like the rest of the Constitution, provided that the amendment does not undermine the basic structure of the Constitution. The 42nd Amendment was challenged in the Supreme Court, but the court did not overturn it. Nevertheless, the debate continues today over whether the Preamble should have been amended or not.
