Anti-CAA elements are reading the wrong Preamble to the Constitution

With every fake outrage, the Opposition shows its ignorance - Passing off the 1975 change in Preamble (which we prove that it was illegal) as being present in 1949 itself, when it was changed (illegally) during the Emergency.

With every fake outrage, the Opposition shows its ignorance - Passing off the 1975 change in Preamble (which we prove that it was illegal) as being present in 1949 itself, when it was changed (illegally) during the Emergency.
With every fake outrage, the Opposition shows its ignorance - Passing off the 1975 change in Preamble (which we prove that it was illegal) as being present in 1949 itself, when it was changed (illegally) during the Emergency.

Socialism is a cantankerous word because there can never be democracy in a socialistic society. Socialism itself is a failed and irrelevant ideology.

As part of the nationwide protests against the Citizenship Amendment Act (CAA) enacted by the Parliament and also against the National Population Register as well as the National Registry of Citizenship, Sonia’s Congress and all other Opposition parties have resorted to a novel method of agitation.

Indira Gandhi constituted a committee headed by then minister for foreign affairs Swaran Singh (an innocuous and infirm Sardarji who was known only for his servility to his madam in No 1, Safdarjung Road) to tinker and tamper the Constitution to suit her convenience.

Leaders of all major and minor parties ranging from Sonia Gandhi to Tholkappian Thirumavalavan of Viduthalai Chiruthai Katchi (VCK) in Tamil Nadu have started reading the Preamble of the Indian Constitution. Yes, that’s how those who are against the CAA and other related legislation, if any, are opposing the Bharatiya Janata Party (BJP) Government’s move to implement a long pending demand raised by these parties themselves but which they did not act upon.

Columnists from T J S George (at 91 years of age, Sunnykutty is the most virulent enemy of Prime Minister Narendra Modi and Home Minister Amit Shah) to Gopalkrishna Gandhi, who claims that he is the grandson of Father of the Nation, are of the view that any crowd they see anywhere in the country are a gathering of those opposed to CAA. George will soon write about the annual Thrissur Pooram in Kerala that the crowd for this year’s Pooram was a record because this was a platform for those who wanted to express their anguish over the black CAA law.

This article began with the newfound love our political and intellectual class has for the Indian Constitution. A demonstration that gathered in Ram Leela Maidan in New Delhi saw the signora of the Congress, her son and the most obedient servant of the 10, Janpath (Manmohan Singh) reading the Preamble of the Indian Constitution which they wrongly claimed as a gift to the nation from the founding fathers of the Constitution. The Preamble of the Constitution which they read daily now is not the Constitution gifted to the nation by the members of the Constituent Assembly on 26th November 1949.

Dear Readers, the Constitution of India, drafted, devised, designed, debated and adopted by the members of the Constituent Assembly read like this:

“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 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.”

Original Preamble

But in 1975, immediately after the declaration of emergency, the then Prime Minister Indira Gandhi thought that something was amiss in the Constitution which would not help her in her scheme of things. Hence she constituted a committee headed by then minister for foreign affairs Swaran Singh (an innocuous and infirm Sardarji who was known only for his servility to his madam in No 1, Safdarjung Road) to tinker and tamper the Constitution to suit her convenience.

Poor Swaran Singh came with an idea and told his Madam that the best option is to incorporate the terms secularism, socialism together with integrity in the Preamble of the Constitution. It is said that Swaran Singh was asked to submit such a suggestion by the same Indira Gandhi who was advised by her Communist advisors. The comrades had their own agenda; to wipe out the remnants of Sanatana Dharma from everywhere including the  Constitution. Please remember that Indira Gandhi had presented the Communists with an exclusive University in New Delhi to groom future comrades who would ply and dance to the tunes of their masters in Kremlin.

“India was always and will always remain a secular country. Even when we never had any Constitution, we were in the forefront to offer refuge and solace to the Jews as well as the Zoroastrians who came to this country” – Dr B R Ambedkar

That’s how the Swaran Singh Committee recommended incorporating the words secularism and socialism in the Preamble of the Constitution much to the shock and anguish of Constitutional experts like Nani Palkhivala and Mohammad Carim (M C) Chagla.

Swaran Singh committee wanted the expression SOVEREIGN DEMOCRATIC REPUBLIC to be substituted with SOVEREIGN SECULAR DEMOCRATIC SOCIALIST REPUBLIC and that the words “and integrity” should be inserted after “unity”.

Preamble-of-Indian-Constitution.new

According to Nani Palkhivala, the Swaran Singh Committee proposal was an ill-conceived move. “What follows or annexed to the Preamble is the Constitution. The Preamble is a part of the Constitution Statute, but it is not part of the Constitution. Article 368 deals only with an amendment of “this Constitution” but not of this Constitution Statute. Therefore the Preamble cannot be amended under Article 368,” wrote Nani Palkhivala in The Illustrated Weekly of India in its issue dated July 4, 1976. It is surprising to note that how the legal wizard’s observation and assertiveness missed the eyes as well as scissors of the official censor!

Palkhivala further added: “The Preamble, from its very nature and content, is incapable of being amended. It refers to the most momentous event in India’s history and sets out as a matter of historical fact what the people of India resolved in 1949 to do for their unfolding future. No parliament can amend or alter the historical fact.”

While cautioning the general public about the futile/mysterious attempt to derail the beautiful Preamble prepared by the fathers of the Constitution, Palkhivala also saw the dangers involved in another proposal by the Swaran Singh Committee. “The most astounding proposal of the Swaran Singh Committee is that Article 368 should be amended to provide that any amendment of the Constitution, passed in accord with the requirements specified in that article shall not be called in question in any court”.

M C Chagla, eminent jurist, judge and educationist, was blunt in his observation about the move to amend the Constitution by incorporating the words secularism and socialism. “It is not to amend the Constitution but to end the Constitution,” Chagla wrote in his famous autobiography, Roses in December.

He had asked the Government to change the national motto: “Truth shall Prevail” and substitute “Propaganda Shall Prevail”.

In the Constituent Assembly, no less a person than Dr B R Ambedkar had vehemently opposed the move to introduce the word secularism in the Indian Constitution. “India was always and will always remain a secular country. Even when we never had any Constitution, we were in the forefront to offer refuge and solace to the Jews as well as the Zoroastrians who came to this country because of religious persecution in their countries of origin,” Ambedkar had said in his speeches inside and outside the Constituent Assembly.

Secularism itself is a falsified word in India. Our secular, liberal and left ideologues hold the view that “if you are not part of the secularism practised in India, you are Communal”.

The word secularism was not born in India and it is an alien concept. It has a historical background in Europe where the Church reigned supreme. In India, Religion was a personal issue and all religions were treated equally. But can we tell the same about Christianity and Islam?[1]

The word Secularism was considered Blasphemy till 1846. This has been mentioned by in his famous treatise History of British Secularism. Transplantation of Secularism started in India in 1864. The intention of the word secularism was to keep religion away from matters of State. But what we find is that the term is being misused to create tension in the society.

Now is the time for the Government of the Day to get the terms socialism and secularism out of Indian Constitution. There is no place and space for secularism in India when it means all religions are not equals. Socialism is a cantankerous word because there can never be democracy in a socialistic society. Socialism itself is a failed and irrelevant ideology. It is easy to get rid of these two terms viz SECULARISM and SOCIALISM from the Indian Constitution. This is the time to do so before its too late.

constitution-main_page

Note:
1. Text in Blue points to additional data on the topic.
2. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.

References:

[1] All religions are not equal Dec 27, 2016, HinduPost.in

Team PGurus

7 COMMENTS

  1. Time to submit a plea in Supreme court taking this article as reference to annul the constitutional amendement made by Indira Gandhi, as null & voide & restore the original preamble
    Thanks to PGURUS for remembering everything & writing it with command and authority

  2. Sir, PGurus have carried both the preambles. It’s clear now that the one which is reag in anti CAA rallies are the fake copies. The original one does not have socialism, secularism etc.

  3. please publish the 1949’s preamble along side the 1975 preamble and highlight the changes done with sinister intention. we are not Lawyers to understand if the 2 version are no kept side by side.

    • How can you say that the preamble of the constitution being read is fake.It is the constitution of INDIA which was legally amended and even accepted by the next Janata government with Jana Sangh leaders like Atalji and Advaniji. It is only an agenda which Pguru is advocating. because they want destroy the social fabric of this great nation

LEAVE A REPLY

Please enter your comment!
Please enter your name here