The following article is from a series of questions answered by Mr. Shekhar Bodhakar
This is an answer to, CAN WE REMOVE THE WORDS SECULAR AND SOCIALIST FROM THE PREAMBLE TO THE INDIAN CONSTITUTION?.
The preamble that almost the entire population of India assume is the preamble to the constitution of India (COI) is in fact NOT the actual Preamble to the COI that was agreed by the Constituent Assembly on 26th November 1949. Making you think that it is, is deception and one of the biggest acts of gross misuse of political power against the people of India since independence.
What needs to be done is to make the parliament and the general public aware that the ONLY real Preamble is, word for word, the original Preamble agreed upon by the constituent assembly, on behalf of ‘WE THE PEOPLE OF INDIA’ on 26th November 1949 at the inception of a democratic sovereign state called “India that is Bharat”
WHY SO?
Let’s first start with what a preamble is. A simple search gives the following definitions:
A preamble is an introductory and expressionary statement in a document that explains the document’s purpose, aim and underlying philosophy.
Here is the statement that explains the purpose, aim and underlying philosophy of the Indian constitution as AGREED by theConstituent Assembly on behalf of “we the people of the entire country”, DATED 26TH NOVEMBER 1949at the formation of INDIA that is BHARAT. As long as India remains, this Preamble remains because THIS is what the aim of the constitution and people of this country is going to be.. FOR GOOD!!
Since this is an agreement made at the creation of the Soveriegn Democratic Republic of India and it’s constitution in 1949, IT CANNOT BE AMENDED (It’s an historic document and not part of the constitution) but can ONLY BE REPLACED at the inception of a NEW constitution.
NOT A SINGLE WORD CAN BE ADDED, REMOVED OR REPLACED from the original Preamble to the current Indian constitution and imply that: THESE WORDS WERE AGREED TO ON 26TH NOVEMBER 1949.
The above is the preamble “to” the constitution of Indiaand NOT “a part of” theConstitution of India. It is a PEOPLES’ PACT. Only a NEW constitution (not an amended constitution) can have a NEW preamble, a new pact.
Any law or articles in the constitution can be amended in a constitutional manner but the Preamble was not meant to be any part of the constitution or any section of any new law. It is an agreement for the lifetime of the Constitution of India and so cannot be amended. You can’t go back to 1949. In order to say that it is constitutionally amended, you would first have to declare that it is part of the constitution. That in fact is what it’s NOT. The Preamble was never intended to be part of the constitution. That’s exactly what Indira’s Congress did. Made it part of COI. Then amending was easy.
THE FOLLOWING IS THE ASSUMED ORIGINAL PREAMBLE, by most of the population and promoted a suchBECAUSE IT TOO IS DATED 26TH NOVEMBER 1949 (see last line in green). The words ‘‘Socialist Secular’ have been added in the first sentence. These words were NOT agreed by the constituent assembly in 1949.
INDIAN CITIZENS (& rest of the world) HAVE BEEN MISLED.
So, CAN WE REMOVE THE WORDS SECULAR AND SOCIALIST FROM THE PREAMBLE TO THE INDIAN CONSTITUTION?
ANSWER: These words aren’t there in the first place, to be removed.
THE KEY THING TO REMEMBER IS THE DATE. THE ASSUMED PREAMBLE IS ONE DATED 26 NOVEMBER 1949 WITH WORDS ADDED, REMOVED OR REPLACED; NOT MATCHING THE FIRST IMAGE.
If you wrongly assume the words in the second image (with ‘Socialist Secular’ added in 1976) constitutes the Preamble to the Indian constitution; then it MUST NOT STATE “IN OUR CONSTITUENT ASSEMBLY THIS TWENTY-SIXTH DAY OF NOVEMBER 1949.”
The Preamble in the second image must
either
A) state the correct date, in which case it’s a new Preamble to a “new” constitution (This, hardly anyone will dare do)
or
B) it simply isn’t the Preamble, with words added still dated 26th November 1949
TAKE YOUR PICK.. A or B ?
The “new” preamble, with the words “Socialist Secular”, cannot be the preamble because it suggests that these were the words accepted in 1949 andadopted in 1950. THEY WERE NOT.
In conclusion (advice to the protectors of the Indian constitution):
In your fight to save the constitution, you’ve forgotten to save the Preamble which lays out the aim, purpose and underlying philosophy of the Indian constitution that you are trying to protect.
The Constitution of India (coi) is based on the Preamble and not the other way round. The COI mustn’t contradict it. The most significant words ever uttered in “independent” India are THE WORDS OF THE PREAMBLE. This was and still is the AIM of “We the people of India”. The COI is an agreed “plan of action” to be walked upon to reach the meticulously set goal. Situations will arise making it necessary for the plan (coi) to be fine tuned or amended.
SAVE YOUR PREAMBLE FIRST. OTHERWISE IT’S A NEW CONSTITUTION (and you haven’t been told). It happened in Indira raj. THE CONGRESS SET THE PRECEDENT AND THE BJP/RSS IS SURE TO CONTINUE WITH THE TRADITION.
