Amendability of the Preamble to the Indian Constitution

The Amendability of the Preamble to the Indian Constitution is a fundamental part of the document, reflecting the core values and aspirations of the people. However, its amendability has been a topic of debate. Over the years, judicial pronouncements and legislative actions have shaped the understanding of whether and how the Preamble can be amended.

Judicial Interpretation of Amendability of the Preamble

1. Berubari Union Case (1960)

The Supreme Court (SC) ruled that the Preamble is not part of the Constitution and thus cannot be amended. This decision was based on the view that the Preamble is only an introduction and does not confer enforceable rights.

2. Kesavananda Bharati Case (1973)

The SC overturned its previous ruling, stating that the Preamble is part of the Constitution and can be amended, provided the amendment does not violate the basic structure of the Constitution.

3. Union Government vs. LIC of India Case (1995)

The SC reaffirmed that the Preamble is an integral part of the Constitution but clarified that its provisions are not directly enforceable in court.

4. Private Member Bill (2021)

Former Minister K.J. Alphons introduced a bill in Rajya Sabha proposing to amend the Preamble by replacing the word "Socialist" with "Equitable" and making other changes. The aim was to make the Constitution more inclusive and reflective of modern values.

Amendability of the Preamble

1. 42nd Amendment Act (1976)

The only amendment to the Preamble was made through the 42nd Amendment Act, which introduced the terms "Socialist," "Secular," and "Integrity." This amendment took place during the Emergency period and remains controversial.

2. Plea to Remove 'Socialist' and 'Secular'

A petition has been filed in the Supreme Court seeking to remove the words "Socialist" and "Secular" from the Preamble.

Arguments in the Plea

• It allegedly violates freedom of speech and expression under Article 19(1)(a) and freedom of religion under Article 25.
• The petition claims that the terms "Socialist" and "Secular" were not part of the original vision of the Constitution.

Amendability of the Preamble: Current Debates and Legal Developments

1. Hijab Ban Case (2022)

The Karnataka High Court upheld a government order banning hijabs in educational institutions, citing secularism as a constitutional principle. The case resulted in a split verdict, raising questions about the balance between religious freedom and uniformity in education.

2. Petition to Amend the Preamble (2024)

A petition was filed in the Supreme Court to delete the words "Socialist" and "Secular." The Court questioned whether such an amendment could be valid without changing the adoption date of the Constitution.

Way Forward

To address ongoing debates and preserve constitutional integrity, the following steps can be taken:

1. Maintain Secularism

The government and judiciary should ensure that the state remains neutral in religious matters while upholding constitutional secularism.

2. Enhance Inclusivity

As societal values evolve, it is necessary to address concerns regarding "Socialist" and "Secular" to reflect contemporary realities.

3. Promote Justice and Equality

Judicial interpretations should continue to align with the Preamble’s objectives of justice, liberty, and equality, particularly in matters like reservation policies and minority rights.

4. Educate Citizens

Public awareness campaigns should highlight the Preamble’s significance, ensuring that people understand its role in shaping governance.

Conclusion

The Amendability of the Preamble to the Indian Constitution remains a guiding light that reflects the core principles of the nation. While its amendability has been debated, any changes should align with the basic structure of the Constitution, ensuring that the ideals of justice, liberty, equality, and fraternity remain intact.