Opposition MPs stall Bill to amend Constitution's Preamble in Rajya Sabha

The Deputy Chairman said such a bill does not require the permission of the President

BJP MP K J Alphons' private members' Bill to remove the word 'socialist' from the Preamble of the Constitution and replace it with 'equitable' among others ran into a rough feather in Rajya Sabha on Friday with Opposition MPs objecting to it and the Chair finally deciding to reserve a decision on its introduction.

Another confrontation was avoided as BJP MP Kirodi Lal Meena was absent to introduce the Uniform Civil Code Bill, 2020 after the CPI(M) MPs once again wrote to Rajya Sabha Secretariat against its introduction. This was the fifth time since February 2020 that the Bill was listed but not introduced following objections raised by Opposition MPs.

Alphons, a former Left-back independent MLA in Kerala who joined BJP later, was introducing The Constitution (Amendment) Bill, 2021 to replace the word 'socialist' from the Preamble, arguing that it has "political connotations and carries a historical baggage which is not acceptable to a large section of India" in the Upper House when it was opposed.

He also wanted the descriptions for equality and fraternity amended by enlarging its ambit and introducing "Happiness, assuring a high gross domestic happiness" in the Preamble.

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As Deputy Chairman Harivansh allowed the introduction after a voice vote, Opposition MPs said that the Chair had ignored the 'No-es', which were "prominent" than the 'Aiyes'.

RJD's Manoj K Jha was the first to object against allowing the introduction and said that it was an amendment to the Preamble, which was part of the basic structure of the Constitution.

Jha said that it was "an attack on the very edifice" of the Constitution and that "are we allowing this House to ransack everything?" He got support from Opposition MPs like Jairam Ramesh (Congress), Tiruchi Siva (DMK), Vaiko (MDMK) and V Sivadasan (CPI-M) among others.

Harivansh said that it was the House, which has to decide, and not him, as the Bill was the property of the House.

Jha then said that private members' Bills need the prior sanction of the President but Harivansh said this Bill does not come under the category in which such a sanction is needed.

"What are we left with?... This should not become the norm. Avoid these kinds of temptations," Jha said as Minister of State for Parliamentary Affairs V Muraleedharan suggested to the Chair to "reserve this and give a ruling on a later date", which the Opposition accepted.

In the Statement of Objects and Reasons of the Bill, Alphons said, "its ideological moorings in certain historic movements makes it very difficult for a large portion of people to accept 'Socialism' as a legitimate objective of the Constitution of the country in the modern era. Hence, it ought to be replaced with the word 'Equitable' which has no political connotations and does not carry historical baggage."

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He also said, "even though the Constitution envisions lofty ideals, equality of opportunity has not been available to a large segment of society since what was meant by 'equality' of opportunity in the Preamble was not well defined by makers. That is why it is time to define more clearly the meaning of equal opportunity."

Citing instances of rising inequality due to Information Technology especially during the Covid-19 pandemic, the BJP MP also argues that the Constitution needs to "cope with the new realities" to ensure that access to information technology and its applications, which have massive implications for growth, dignity and employment is available to the last man out there".

The Preamble of the Constitution reads, "We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens: Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all; Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; We do hereby give to ourselves this Constitution."

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