"Preamble is not changeable... but this Preamble for Bharat was changed": VP Dhankhar on constitutional changes made during Emergency

Vice-President Jagdeep Dhankhar on Saturday delivered a poignant critique of the changes made to the Preamble of the Indian Constitution during the Emergency period in 1975, describing it as a betrayal of the document's "Soul" and the vision of its framers. Speaking at an event at the Vice-President's Enclave, marking the presentation of the first copy of 'Ambedkar's Messages' compiled by author and former Karnataka MLC DS Veeraiah, Dhankhar emphasised that a preamble of a constitution was "not changeable" or "not alterbale" as was the base on which the constitution would grow.

He claimed that, except for India, no other Preamble of any other constitution has undergone any change, referring to the changes made by the 42nd Constitutional Amendment Act of 1976, adding the words "socialist, secular and integrity". "Preamble of any constitution is its soul. The Preamble of the Indian Constitution is unique... Except Bharat, [no other] Constitution's Preamble has undergone change and why? Preamble is not changeable. Preamble is not alterable. Preamble is the basis on which the constitution has grown. Preamble is the seed of the Constitution. It is soul of the constitution, but this Preamble for Bharat was changed by 42nd Constitutional Amendment Act of 1976, adding words Socialist, Secular and Integrity," the Vice President stated.

Dhankhar's remarks were made as part of a broader reflection on the constitutional changes during the Emergency, which he described as the "darkest period of Indian democracy". He recounted the suspension of fundamental rights and the imprisonment of political leaders and citizens, questioning the legitimacy of altering the Preamble under such circumstances.

"During the Emergency, the darkest period of Indian democracy, when people were behind the bars, fundamental rights were suspended. In the name of those -- we the people -- who were enslaved, we just go for what? Just a flourish of words? It is to be deprecated beyond words," Dhankar stated, drawing on the landmark Kesavananda Bharati case of 1973, where Justice HR Khanna had affirmed the Preamble's role as a guide to constitutional interpretation, quoting Justice Khanna, "The Preamble serves as a guide to the interpretation of the Constitution and indicates the source from which the Constitution derives its authority -- namely, the people of India." The Vice-President expressed deep concern over the timing and nature of the changes, arguing that they were made when "We the People were bleeding in heart, in soul -- they were in darkness."

He criticised the addition of the words "Socialist", "Secular", and "Integrity" during the Emergency as a "Nasoor (festering wound)" that could create upheaval and signal a betrayal of the framers' mindset, underscoring the sacrilege to the spirit of Sanatana and the civilisational ethos of India. "We are changing the soul of the Constitution. We are, as a matter of fact, by this flash of words, added during the darkest period of Emergency -- the darkest period for the Constitution of the country. And in the process, if you deeply reflect, we are giving wings to existential challenges. These words have been added as Nasoor (festering wound). These words will create upheaval. Addition of these words in the Preamble during the Emergency signals betrayal of the mindset of the framers of the Constitution. It is nothing but belittling the civilisational wealth and knowledge of this country for thousands of years. It is sacrilege to the spirit of Sanatana," Dhankhar said.

Dhankhar also highlighted the contemporary relevance of BR Ambedkar's messages, urging that they be honoured and respected by Parliamentarians and policymakers. "Dr. BR Ambedkar lives in our hearts. He dominates our mind and touches our soul... Ambedkar's messages bear huge contemporaneous relevance for us. His messages need to permeate down the line, up to the family level. The children must come to know about these messages," he said, calling for a reflection on why "temples of democracy" are being "sacrileged" and "ravaged by disruption."

Recalling judicial perspectives, Dhankhar cited Justices Hidayatullah, Hegde, Mukherjee, Shelat, and Grover from the IC Golaknath versus State of Punjab case, who viewed the Preamble as unalterable and embodying the Constitution's fundamental values. He contrasted this with the casual alteration during the Emergency, deeming it an "earthquake" to the constitutional foundation.

"The Preamble to our Constitution contains in a nutshell its ideals and aspirations. It is not a mere flourish of words but embodies the objectives which the Constitution seeks to achieve," the Vice-President quoted Justice Hidayatullah, emphasising the gravity of the change. Dhankhar concluded by invoking Ambedkar's final address to the Constituent Assembly on November 25, 1949, urging the nation to prioritise country over creed.

"I do not want that our loyalty as Indians should in the slightest way affected by our competitive loyalty, whether that loyalty arises out of our religion, out of our culture or out of our language. I want all people to be Indian first, Indian last and nothing else but Indians," Ambedkar had said, a message Dhankhar urged should be framed and read daily. He warned of the risks of placing creed above country, echoing Ambedkar's anxiety about India's independence being jeopardised again.

"This anxiety is deepened by the realization of the fact that in addition to our old enemies in the form of castes and creeds, we are going to have many political parties with diverse and opposing political creeds. Will Indians place the country above their creed? Or will they place creed above the country... I do not know, but this much is certain that if the parties place creed above country, our independence will be put in jeopardy a second time and probably be lost forever," Dhankar stated as quoted by Ambedkar. (ANI)

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