Preamble of Indian Constitution Amendment
Source: The Hindu
GS II: Constitution of India and Indian polity
Overview
- News in Brief
- Preamble of Indian Constitution Amendment
- Article 368 Of Indian Constitution
Why in the News?
The Supreme Court asked if the Preamble of the Constitution could have been amended without changing the date of its adoption on November 26, 1949.
News in Brief
- The Bench was hearing a petition filed by BJP leader Subramanian Swamy to delete the words socialist and secular from the Preamble.
- The Preamble was amended only once in December 1976 by the Indira Gandhi government to introduce the words socialist and secular.
- The phrase unity of the nation was replaced with unity and integrity of the nation.
- The changes were made in the Preamble through the 42nd Constitutional Amendment during the Emergency.
- The Supreme Court in the Kesavananda Bharati case had held that the Preamble was an integral part of the Constitution and was subject to the amending power of the Parliament, provided the basic structure was not tinkered with.
Preamble of Indian Constitution Amendment
The Preamble of the Indian Constitution is a succinct statement that outlines the basic principles and objectives of the Constitution. It begins with the phrase “We, the people of India,” which emphasizes that the Constitution derives its authority from the citizens of India. The components of the Preamble are as follows:
- Preamble Statement: The Preamble starts with the words “We, the people of India,” affirming that the Constitution is created by and for the people of India.
- Sovereign: The Preamble declares India to be a sovereign nation, indicating that it is free from external control and interference.
- Socialist: This term was added by the 42nd Amendment Act of 1976. It reflects the commitment of the Indian state to achieve socialist principles and work towards social and economic equality.
- Secular: Also added by the 42nd Amendment Act of 1976, this term emphasizes the principle of secularism, ensuring that the state maintains equal distance from all religions and treats all religions impartially.
- Democratic: The Preamble affirms India as a democratic republic, indicating that the power is vested in the hands of the people, who elect their representatives through free and fair elections.
- Republic: India is declared a republic, meaning that the head of state is elected and holds a temporary position, as opposed to a hereditary monarchy.
- Justice (Social, Economic, and Political): The Preamble emphasizes the commitment to securing justice in all its dimensions – social, economic, and political – to ensure equality and fairness for all citizens.
- Liberty: Liberty refers to the freedom of thought, expression, belief, faith, and worship. It emphasizes individual freedoms and rights.
- Equality: The Preamble promotes equality of status and opportunity, ensuring that there is no discrimination based on caste, religion, gender, or race.
- Fraternity: Fraternity signifies a sense of brotherhood and unity among the people of India, transcending barriers of caste, religion, language, and region.
Cases helped to shape the interpretation of the Preamble of the Indian Constitution
- Berubari Union Case (1960)
- This case dealt with whether Parliament had the power to cede Indian territory to Pakistan.
- The Supreme Court held that the Preamble can be used to interpret ambiguous terms in the Constitution, but it cannot be used to amend it.
- State of West Bengal v. Union of India (1963):
- In this case, the Supreme Court discussed the relationship between the Preamble and the rest of the Constitution.
- The Court held that the Preamble is an integral part of the Constitution and can be used to interpret its provisions.
- Kesavananda Bharati v. State of Kerala (1973)
- In this landmark case, the Supreme Court held that while Parliament has the power to amend any part of the Constitution, including the Preamble, it cannot alter its basic structure.
- The Court outlined certain fundamental principles, such as democracy, the rule of law, and judicial review, which it considered to be part of the basic structure.
- Indira Nehru Gandhi v. Raj Narain (1975)
- This case involved a challenge to the validity of the election of then-Prime Minister Indira Gandhi.
- The Supreme Court held that the Preamble can be used to interpret ambiguous provisions of the Constitution, and it reaffirmed the principle that the Preamble reflects the basic structure of the Constitution.
- Minerva Mills Ltd. v. Union of India (1980)
- In this case, the Supreme Court reiterated the principle that the Preamble is an integral part of the Constitution and can be used to interpret its provisions.
- The Court also held that any amendment that violates the basic structure of the Constitution is invalid.
- S.R. Bommai v. Union of India (1994): While this case primarily dealt with issues related to the imposition of the President’s Rule, the Supreme Court reaffirmed the principles of federalism and secularism enshrined in the Preamble.
Article 368 Of Indian Constitution
- Article 368 of the Indian Constitution deals with the procedure for amending the Constitution.
- This article outlines the process by which amendments to the Constitution can be made.
Types of Amendment
- Amendment by a simple majority of the Parliament,
- Amendment by a special majority of the Parliament, and
- Amendment by a special majority of the Parliament, and the ratification of half of the state legislatures.
Simple Majority
- This refers to the majority of more than 50% of the members present and voting and it is outside the ambit of Article 368. This is also known as the functional majority or working majority.
Special Majority
- Requires a majority of 2/3rd members present and voting supported by more than 50% of the total strength of the house.
Special majority of the Parliament, and the ratification of half of the state legislatures.
- Special majority as per article 368 plus state ratification requires a majority of 2/3rd members present and voting supported by more than 50% of the state legislatures by a simple majority.
- Initiation of Amendment
- An amendment to the Constitution may be initiated only by the introduction of a bill for the purpose in either House of Parliament, i.e., the Lok Sabha (House of the People) or the Rajya Sabha (Council of States).
- Majority
- The bill must be passed in each House by a particular majority based on the bill purpose.
- Presidential Assent
- After being passed by both Houses of Parliament, the bill is presented to the President for his assent.
- The President must give his assent to the bill.
- Judicial Review
- The power of judicial review enables the judiciary to review the constitutional validity of amendments made under Article 368. If the judiciary finds that an amendment violates the basic structure of the Constitution, it can declare the amendment null and void.
Conclusion
- It’s important to note that while the process outlined above provides a general framework, amending the Preamble is not a simple task.
- The Indian judiciary has interpreted the basic structure and principles of the Constitution, as reflected in the Preamble, as unamendable.
- Therefore, any attempt to amend the Preamble that fundamentally alters its core principles may face legal challenges.
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