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    when was the word “secular and socialist” word added in the indian constitution?

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    Preamble to the Constitution of India

    Preamble to the Constitution of India

    From Wikipedia, the free encyclopedia

    Original text of the preamble. Beohar Rammanohar Sinha was the artist for the original manuscript calligraphed by Prem Behari Narain Raizada.

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    Constitution of India

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    The Preamble of the Constitution of India presents the principles of the Constitution and indicates the sources of its authority.[1] It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic Day of India. It was amended during Indian emergency by Indira Gandhi where the words "socialist" and "secular" were added.[2]

    Text[edit]

    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 allFRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

    IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.[3]

    Historical background[edit]

    The preamble is based on the Objectives Resolution, which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950.[4] B. R. Ambedkar said about the preamble:

    It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things.[5]

    While the Constituent Assembly was debating the Preamble, there was an argument to rename India the 'Union of Indian Socialistic Republics' as if India was to imitate the U.S.S.R. However, other members were not convinced.[6]

    There was even argument as to whether to include the names of 'God' and 'Gandhi' in the Preamble. The former was outvoted when 68 members voted against 'God'. H.V. Kamath desperately commented, 'This, Sir, is a black day in our annals. God save India'. While the latter - the suggestion to include Gandhi's name, was disapproved by Brajeshwar Prasad who felt that the 'rotten constitution'- which was based on the American Supreme Court cases and Government of India Act and thus not 'Gandhian' in nature, should not carry his name. Prasad said,

    "I do not want that the name of Mahatma Gandhi should be incorporated in this Constitution, because it is not a Gandhian Constitution.... If we had a Gandhian Constitution, I would have been the first to offer my support. I do not want that the name of Mahatma Gandhi should be dragged in the rotten Constitution."[7]

    The preamble page, along with other pages of the original Constitution of India, was designed and decorated by the renowned painter Beohar Rammanohar Sinha of Jabalpur who was at Shantiniketan with Acharya Nandalal Bose at that time. Nandalal Bose endorsed Sinha's artwork without any alteration whatsoever. As such, the page bears Sinha's short signature in Devanagari lower-right corner. The calligraphy was done by Prem Behari Narain Raizada.

    An integral part of the Indian constitution[edit]

    The Supreme Court of India originally stated in the case presidential reference[8] that the preamble is not an integral part of the Indian constitution, and therefore it is not enforceable in a court of law. However, the same court, in the 1973 case, over-ruled earlier decisions and recognized that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union Government vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Constitution.

    Question of Amendability before emergency[edit]

    In the Berubari Case (1960), the amendability & the significance of the constitution came into force. A question was raised relating to the powers of the Parliament to cede Indian territory to a foreign country, as an interpretation of Article 3. The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution does not cover cession of the Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368. Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh (erstwhile East Pakistan). Supreme Court also held the view that Preamble cannot be a part of the constitution but later in Kesavananda Bharati Case (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is part of the Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution, provided the basic structure of the Constitution is not destroyed.

    स्रोत : en.wikipedia.org

    The history and debates about ‘socialist’ and ‘secular’ in the preamble of the Constitution

    The Supreme Court will hear on September 23 a petition seeking the removal of the words “socialist” and “secular” from the preamble of the Indian Constitution. Here's the story behind their inclusion.

    Premium

    The history and debates about ‘socialist’ and ‘secular’ in the preamble of the Constitution

    The history and debates about ‘socialist’ and ‘secular’ in the preamble of the Constitution The Supreme Court will hear on September 23 a petition seeking the removal of the words “socialist” and “secular” from the preamble of the Indian Constitution. Here's the story behind their inclusion.

    Written by Rishika Singh

    New Delhi | Updated: September 4, 2022 21:19 IST

    The terms 'socialist' and 'secular' were inserted into the preamble as part of the 42nd Amendment of the Constitution in 1976 during the Emergency imposed by then Prime Minister Indira Gandhi.

    The Supreme Court will hear on September 23 a petition filed by former MP Dr Subramanian Swamy, seeking the removal of the words “socialist” and “secular” from the preamble of the Indian Constitution.

    The two terms were inserted into the preamble as part of the 42nd Amendment of the Constitution in 1976 during the Emergency imposed by then Prime Minister Indira Gandhi. The petitioners in two similar cases have argued that these words were never intended to be in the Constitution and that such insertion is “beyond the amending power of the Parliament under Article 368”, Live Law reported. Similar petitions have been filed earlier too and given rise to debates around the preamble and the role it plays in the Constitution.

    What is the purpose of the preamble?

    A preamble serves as an introduction to a document and contains its basic principles and goals. When the Indian Constitution was being drafted, the ideals behind the preamble were first laid down in the Objectives Resolution, adopted by the Constituent Assembly in 1947. These ideals emerged out of the numerous debates that took place during the drafting of the Constitution.

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    Initially, the Preamble said:

    “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN 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 of the Nation;

    IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

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    The Constitution was the product of democratic deliberations and decided upon by the people of India themselves in the wake of freedom from colonial rule, and the ideals mentioned here were at the core of the newly democratic nation. During the Constituent Assembly debates, many suggestions were put forth — including that God should be invoked in the preamble as in the Irish constitution, that Mahatma Gandhi’s name should be included, etc.

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    The question of whether the preamble is a part of the Constitution or simply an introduction has been deliberated upon by the highest court, because the meaning and weight of the objectives mentioned in it, such as “equality of status and opportunity”, remained unclear from the perspective of law. However, in its judgment in the famous LIC case of 1995, the Supreme Court said, “…and the Preamble of the Constitution which is an integral part and scheme of the Constitution”, affirming its position as part of the Constitution.

    Additionally, the violation of any principle mentioned in the preamble cannot be a reason to go to court, meaning the preamble is “non-justiciable” — however, judgments of courts can cite it as an additional factor in their reasoning, given that it constitutes the spirit of the Constitution.

    How else has the preamble been debated earlier?

    In 2020 BJP MP Rakesh Sinha moved a resolution in Rajya Sabha seeking to remove the word socialism from the preamble, saying, “You cannot tie a generation to a particular way of thinking. Besides, the Congress party which ruled the country for seven decades has changed its direction from being socialist to welfare to neo-liberalism. Its new liberal policies adopted in the 1990s have negated its own earlier positions.”

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    Earlier in 2015, the Ministry of Information and Broadcasting used an image of the preamble of the Indian Constitution without the words “socialist” and “secular”, leading to some criticism. Then Union Minister Ravi Shankar Prasad said, “Did Nehru have no understanding of secularism? These words were added during the Emergency. Now what is the harm if there is a debate on it? We have put before the nation the original Preamble”.

    In 2008, the Supreme Court rejected a plea demanding the removal of ‘socialist’. “Why do you take socialism in a narrow sense defined by Communists? In broader sense, it means welfare measures for the citizens. It is a facet of democracy,” a three-judge Bench headed by then Chief Justice of India K G Balakrishnan had said. “It hasn’t got any definite meaning. It gets different meaning in different times.”

    स्रोत : indianexpress.com

    When and why socialist word added in the Preamble?

    When socialist word added; The word 'Socialist' was added in the Preamble by the 42nd Amendment Act, 1976. It provides that

    When and why socialist word added in the Preamble?

    December 5, 2021 by Ground report

    Ground Report | New Delhi: When socialist word added; The word ‘Socialist’ was added in the Preamble by the 42nd Amendment Act, 1976. It provides that it is the responsibility of the state to ensure the welfare of citizens, elimination of discrimination, nationalization of the means of production, equitable distribution of wealth, and justice for all. The principles of socialism are heavily reflected in the Directive Principles of State Policy.

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    The Preamble of the Indian Constitution states: “We, the people of India, resolve to constitute India as a Sovereign Socialist Secular Democratic Republic and to secure all its citizens.

    ALSO READ: Why BJP MP wants to get removed socialist word from the preamble?

    In 1976, the Preamble was amended (only once till date) by the 42nd Constitutional Amendment Act. Three new words, socialist, secular, and integrity were added to the preamble. The Supreme Court upheld this amendment.

    When socialist word added

    As originally enacted, the Preamble described the state as a “sovereign democratic republic”, for which the terms “secular” and “socialist” were later passed by a captive parliament during the Emergency in the 42nd Amendment in 1976.

    The word ‘Socialist’ was added in the Preamble by the 42nd Amendment Act, 1976. It provides that it is the responsibility of the state to ensure the welfare of citizens, elimination of discrimination, nationalization of the means of production, equitable distribution of wealth, and justice for all.

    ALSO READ: What’s happening in Nagaland

    The Bill relating to the 42nd Amendment was passed on 1 September 1976 by H.R. It was passed by Gokhale in the Lok Sabha. The bill was passed in the Rajya Sabha on 4 November 1976.

    It was passed on 11 November 1976, assigned on 18 December 1976 and commenced on 3 January 1977 making it the last amendment to the Constitution of India.

    Why this word was added

    Before the term was added by the 42nd Amendment in 1976, the Constitution had socialist content as the Directive Principles of State Policy. The term socialist used here refers to democratic socialism, that is, the attainment of socialist goals through democratic, evolutionary and non-violent means.

    Indira Gandhi explained socialism as ‘equality of opportunity or ‘better life for the people. He said that socialism is like democracy, everyone has their own interpretations but in India socialism is a way of a better life for the people.

    You can connect with Ground Report on Facebook, Twitter, Instagram, and Whatsapp. For suggestions and writeups mail us at GReport2018@gmail.com

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    स्रोत : groundreport.in

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