Can Preamble be amended keeping date intact, asks SC

Can Preamble be amended keeping date intact, asks SC

Subject: Polity

Section: Constitution

The Preamble was amended through the 42nd Constitutional amendment during the Emergency only once in December 1976 by the Indira Gandhi government to introduce the words ‘socialist’ and ‘secular’, between ‘sovereign’ and ‘democratic’ making sovereign, socialist, secular, democratic and republic from original a ‘sovereign, democratic republic’ and The phrase “unity of the nation” was replaced with “unity and integrity of the nation”.

Context: The Bench was hearing a petition filed by BJP leader Subramanian Swamy to delete the words socialist and secular from the Preamble.

Questions regarding dates statements: It was not that the Preamble could not have been amended”, but could it have been done without changing the date:

1. Advocate Vishnu Jain said the Preamble “did come with a date. Therefore, amending it without any debate” had been suspect.
2. Dr. Swamy said the amendments were pushed through during the Emergency
3. Advocate Sriram Parakkat, appearing leader for CPI said the 42nd amendment was indeed “infamous”. It had after all tried to reduce the power of the Supreme Court and High Courts.

Amendment status validity: In fact, the largest Bench in the history of the Supreme Court (13 judges) in the Kesavananda Bharati case had held that the Preamble was an integral part of the Constitution to interpret various parts of constitution, read altogether and was subject to the amending power of the Parliament, provided the basic structure was not tinkered with.

The court agreed to hear further arguments in the week commencing April 29, 2024.

Preamble

A preamble is an introductory statement in a document that explains the document’s philosophy and objectives. In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation. The preamble basically gives idea of the following things/objects: Source of the Constitution Nature of Indian State Statement of its objectives Date of its adoption

History of the Preamble

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947. Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.

Components of Preamble

It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India. Preamble declares India to be a sovereign, socialist, secular and democratic republic. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.

Status of Preamble

The preamble being part of the Constitution is discussed several times in the Supreme Court.

Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges. Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it cannot be considered as part of the Constitution. Therefore, it is not enforceable in a court of law.

Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that: The Preamble of the Constitution will now be considered as part of the Constitution. The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. So, it can be concluded that preamble is part of the introductory part of the Constitution. In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India

Amendment of the Preamble

• 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble cannot be amended. Because the structure of the Constitution is based on the basic elements of the Preamble. As of now, the preamble is only amended once through the 42 Amendment Act, 1976. The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42 Amendment Act, 1976. ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’. ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.