The Words Added in Preamble During Emergency have Been Added as Nasoor ; A Sacrilege to the Spirit of Sanatana : Vice President

New Delhi :  The Vice-President, Jagdeep Dhankhar today said that, “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”.

Speaking at an event at the Vice-President’s Enclave today, marking the presentation of the first copy of the copy,  ‘Ambedkar’s Messages’ compiled by D. S. Veeraiah, author and former MLC karnataka, Shri Dhankhar emphasised, “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. In Kesavananda Bharati, as I reflected — vs State of Kerala, 1973, a 13-judge bench — the judges focused and deeply reflected on the Preamble of the Constitution. The celebrated judge, Justice H.R. Khanna, I quote: 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.”

“We must reflect. Dr. Ambedkar did painstaking work. He would have surely focused on it. The founding fathers thought it befittingly wise to give us that Preamble. No country’s Preamble has undergone change — except Bharat. But devastatingly, this change was effected for Bharat at a time when people were virtually enslaved. We the people, the ultimate fountain of power — the best of them were languishing in jails. They were denied access to the judicial system. I am referring to the 22 months of draconian Emergency that was proclaimed on 25th June 1975. So, what a travesty of justice ! First, we change something which is not changeable, alterable — something that emanates from We the People — and then, you change it during Emergency. When We the People were bleeding — in heart, in soul — they were in darkness”, he added.

“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 signal  betrayal of the mindset of the framers of the Constitution. It is nothing but belittling the civilizational wealth and knowledge of this country for thousands of years. It is sacrilege to the spirit of Sanatana”, he further underlined.

Highlighting the Contemporary relevance of Ambedkar’s messages, Shri Dhankhar stated, “ Dr. B.R. 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. As someone associated with Parliament by virtue of being Vice-President of the country and Chairman of Rajya Sabha — the Upper House, the House of Elders, the Council of States — I am therefore immensely satisfied to receive ‘Ambedkar’s Messages’ that must be honoured and respected, first and foremost by Parliamentarians and legislators all over the country, then by the policymakers…..We must reflect why our temples of democracy are sacrileged? Why our temples of democracy are ravaged by disruption?”

He further stated, “Justice Sikri, another celebrated judge in that judgment, says — I quote: “The Preamble of our Constitution is of extreme importance, and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.” The grand and noble vision was trampled. So was Dr. B. R. Ambedkar’s spirit. Thus, unhesitatingly, the Preamble — crafted by the genius of Dr. Ambedkar and approved by the Constituent Assembly, the soul of the Constitution — should have been respected rather than tweaked, altered, and decimated. The change also, friends, militates against our civilizational ethos of thousands of years, where Sanatan philosophy — its spirit and essence — dominated the discourse.”

Speaking further on the issue, he said, “ Friends, Judiciary is an important pillar of our democracy. I belong to that system, gave better part of my life. Let me  make this audience aware and through you the entire nation what judiciary felt about preamble of the Indian Constitution. There have been,  so far, two benches of the Supreme Court in higher formations, an 11-judge bench in IC Golaknath versus State of Punjab, and another one, 13-judge combination in Kesavanand Bharati. In Golaknath, the issue came up about preamble, and Justice Hidayatullah, reflecting on the situation, stated explicitly, I quote, “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.”

“Justice Hegde and Justice Mukherjee I quote, in the same judgment, “The preamble of the Constitution, like the soul of the Constitution, is unalterable. As it embodies the fundamental values and the philosophy on which the Constitution is based.” It is nothing  less than an earthquake for a building whose foundations are sought to be changed from the top floor. Justice Shelat and Justice Grover. what they reflected on preamble, I quote, “The preamble to constitution is not mere preface or introduction. It is a part of the constitution and is a key to open the mind of the makers, indicating the general purposes for which the people ordained the constitution.” A very  serious work which cannot be altered, has been casually, farcically,  and with no sense of propriety, changed.”

Recalling wise words of Dr B. R. Ambedkar, Shri Dhankhar stated, “ Dr. B.R. Ambedkar was a visionary. He was a statesman. We should never see Dr. B.R. Ambedkar as a politician.  Never see him. If you go through his journey, you will find it can’t be relieved ordinarily. It takes extraordinary human effort, spinal strength to negotiate that journey, the kind of suffering he underwent. Can you ever imagine Dr. B.R. Ambedkar being given Bharat Ratna posthumously? It was my great good fortune to be a member of Parliament in 1989 and a Minister when this one of the greatest sons of soil was conferred posthumously Bharat Ratna but my heart wept. Why so late? Why posthumously? And therefore I quote with deep concern, beseeching everyone in the country to search their souls and think for the nation. He said—–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…….It was his last address in the Constituent Assembly, 25th November 1949 — a day before the Constitution was signed by the Members of the Constituent Assembly. And what he said — amazing. I would urge everyone in the country to put it in a frame and read it every day. He says — he’s expressing his pain: I quote:

“What perturbs me greatly is the fact that not only India has once before lost her independence, but she lost it by the infidelity and treachery of some of her own people. Will history repeat itself?”

He goes on to say — I quote: “It is this thought which fills me with anxiety. 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 quote,  “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. This eventuality we must all regularly guard against. We must be determined to defend our independence with the last drop of our blood.”