Vice President Dhankhar’s Statement
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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
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The 42nd Constitutional Amendment Act (1976) — passed during Indira Gandhi’s Emergency regime — added the words:
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“Socialist”
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“Secular”
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“Integrity” (to the phrase “unity and integrity of the Nation”)
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These were added without public debate, as Parliament and judiciary were subdued, and civil liberties were suspended.
RSS Viewpoint & Current Political Context
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Recently, RSS General Secretary Dattatreya Hosabole questioned the legitimacy of the Emergency-era Preamble amendment:
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Argued that Ambedkar never included “socialist” or “secular” in the original Preamble.
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Criticised the undemocratic context in which the amendment was passed.
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This adds to ongoing debates in India on:
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The nature of secularism (Indian vs. Western model),
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The role of state in religion, and
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Whether India is a "socialist" economy in the 21st century.
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Legal & Constitutional Standpoint
Feature | Status |
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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. |
1. Polity & Constitution (GS Paper II):
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Understand the evolution of the Preamble, its legal status, and impact of the 42nd Amendment.
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Know the role of Basic Structure Doctrine and Kesavananda Bharati case.
2. Political Philosophy:
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India's indigenous secularism differs from the Western model — it's equal respect for all religions, not separation of church and state.
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“Socialist” reflects directive principles but India today follows a mixed-market economy.
3. Ethics & Integrity (GS Paper IV):
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The metaphor of “parenthood” raises ethical questions about constitutional sanctity vs. democratic evolution.
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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:
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Should Emergency-era amendments be reviewed?
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Do “secular” and “socialist” still represent India’s core ideals?
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What happens when legal validity and moral legitimacy diverge?
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