Monday, July 7, 2025

Vice President Dhankhar’s Statement

 Vice President Dhankhar’s Statement

  • Metaphor Used:
    The Vice President equated the Preamble to "parenthood", arguing that it is intrinsic and unchangeable, no matter the effort — similar to how one cannot change their biological parents.

  • Critique of the Emergency Amendment:
    He pointed out that India’s Preamble was amended once — during the Emergency (1976) — a time he called the “darkest period of democracy,” when thousands were imprisoned and normal constitutional functioning was suspended.

  • Legal and Global Viewpoint:
    He asserted that no other country's preamble has ever been changed, implicitly suggesting that the amendment of India’s was undemocratic or illegitimate.


Background: Preamble Amendment During Emergency

  • The 42nd Constitutional Amendment Act (1976) — passed during Indira Gandhi’s Emergency regime — added the words:

    • “Socialist”

    • “Secular”

    • “Integrity” (to the phrase “unity and integrity of the Nation”)

  • These were added without public debate, as Parliament and judiciary were subdued, and civil liberties were suspended.


RSS Viewpoint & Current Political Context

  • Recently, RSS General Secretary Dattatreya Hosabole questioned the legitimacy of the Emergency-era Preamble amendment:

    • Argued that Ambedkar never included “socialist” or “secular” in the original Preamble.

    • Criticised the undemocratic context in which the amendment was passed.

  • This adds to ongoing debates in India on:

    • The nature of secularism (Indian vs. Western model),

    • The role of state in religion, and

    • Whether India is a "socialist" economy in the 21st century.


Legal & Constitutional Standpoint

FeatureStatus
Can the Preamble be amended?Yes, as per the Kesavananda Bharati case (1973) – the Preamble is part of the Constitution and can be amended, provided it does not alter the basic structure.
Was the 42nd Amendment valid?Legally valid, but politically controversial due to the Emergency context.
Can “secular” and “socialist” be removed now?Technically possible via constitutional amendment, but may face judicial review under the Basic Structure Doctrine.


UPSC-Relevant Analysis & Ethical Dimensions

1. Polity & Constitution (GS Paper II):

  • Understand the evolution of the Preamble, its legal status, and impact of the 42nd Amendment.

  • Know the role of Basic Structure Doctrine and Kesavananda Bharati case.

2. Political Philosophy:

  • India's indigenous secularism differs from the Western model — it's equal respect for all religions, not separation of church and state.

  • “Socialist” reflects directive principles but India today follows a mixed-market economy.

3. Ethics & Integrity (GS Paper IV):

  • The metaphor of “parenthood” raises ethical questions about constitutional sanctity vs. democratic evolution.

  • Should key constitutional principles reflect founding values or contemporary aspirations?


 Conclusion:

The Vice President’s statement — coupled with the RSS stance — reopens a deep constitutional debate:

  • Should Emergency-era amendments be reviewed?

  • Do “secular” and “socialist” still represent India’s core ideals?

  • What happens when legal validity and moral legitimacy diverge?

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