Altering the “identity card” of the constitution

‘Preamble’ controversy: The argument for the change is flawed in its genesis

shishir

Shishir Tripathi | January 29, 2015




All through my student years while reading the NCERT (National Council of Educational Research and Training) books, two things which always fascinated me were Gandhi’s Talisman and the Preamble of India.

The first dealt with the basic philosophy and the guiding principles behind the actions of “we the people” and the other talked about that of the state.

Apart from stating what the Indian state should be doing to ensure a just society, the Preamble also clearly stated what the edifice of the Indian state as an ideological construct should be.

Apart from learning about in the constitutional amendments, there was nothing which made me feel that the Preamble I was reading all these years was not the “original” one, that was enacted in 1950 by the constituent assembly.

For me, the country I live in was, in many ways, if not in absolute terms, was everything that the Preamble stated. For me, it was SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC.

I never read ‘socialist’ and ‘secular’ in isolation. I never felt it was an imposed derivative to the original “Idea of India”. Socialist and secular was added by the 42 constitutional amendment Act in 1976.

Even though I lived in a communally charged town of Uttar Pradesh, where every election was preceded by a communal conflict followed by communal polarisation, it never felt that a theocratic state was breathing down my neck. I did not get any concession for belonging to an upper caste brahmin family nor was I disadvantaged for that. In spite of all the rhetoric of India being a secular state, and figuring it out to instead be a pseudo-secular state, later in college, I never doubted the Nehruvian philosophy expressed in these two words, “socialist and secular”.

The word socialist was also not a misnomer for me. The daily dose of entertainment, which I looked forward to after coming back from school, was broadcast by state-owned Doordarshan and came for free. The train in which I travelled to my grandmother’s place every summer was also owned by the Indian state. Later, while working as a journalist and covering railways I realised that a greater part of the expense that was incurred on my summer sojourns was borne by our “socialist” state.

The whole debate over omitting the word “socialist and secular” from the Preamble leaves me baffled and with two simple questions. These questions arise out of the questions raised by those who want to re-frame the constitutional philosophy.

Why do we need to keep these words: we are secular anyways, whether these words exist or not in the Preamble. Fair enough. It seems a valid argument. But I will accept it only if I get an answer for my question.

Are we “SOVEREIGN DEMOCRATIC REPUBLIC” because it is stated in the Preamble? Certainly not. We are “sovereign democratic republic” because of our constitution, which prescribes free and fair elections and calls for an elected head of state.

So should we omit all these words?

Constitutional expert N A Palkhiwala says Preamble is the “identity card” of the constitution. Can we alter the identity card without altering the identity itself? If we tend to do so there will be a mismatch. A mismatch, which will not only look odd, but will also make the “Idea of India” a sham.

Comments

 

Other News

Govt, RBI announce major reforms to attract FPI

The finance ministry on Friday announced a series of measures aimed at enhancing the ease of investment for individual Persons Resident Outside India (PROIs) and Foreign Portfolio Investors (FPIs), and to attract stable long-term foreign capital flows.   Building on the recent in

Lessons in climate adaption from world’s largest inhabited river island

Majuli Island, perched between the Brahmaputra River to the south and east, the Subansiri River to the west, and a branch of the Brahmaputra to the north, has been severely affected by recurrent flooding and intense riverbank erosion. Despite its global importance in acquiring UNESCO tentative status for

Careless whispers and the impossible trinity

Time can never mend, the careless whispers of …    As the RBI marches ahead, for the upcoming monetary policy meeting this June, whispers from the corridors echo around several policy options to defend the rupee – by deploying forex reserves, raising in

Bullet Train Project: Third mountain tunnel breakthrough achieved

A major engineering milestone has been achieved in the Mumbai–Ahmedabad Bullet Train Project with the successful breakthrough of the third mountain tunnel (MT-07) at Ambesari village in Dahanu Taluka of Palghar district, Maharashtra.   With this achievement, three mountain

Supreme Court gets five new judges

Five new judges were appointed to the Supreme Court of India on Monday. "Vide Notifications of even number dated 01.06.2026, in exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the Hon’ble President of India is pleased to appoint (i) Shri

Astonishing breadth and depth of ancient Indian knowledge systems

The Greatest Books of Ancient India: Incredible Ideas about Science, Music, Maths, Art and More By Dr. Pradeep Chakravarthy and Dr. R. Thiagarajan Hachette India, 208 pages, Rs 399  





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter