Use of private Bills to amend the Constitution's Preamble

Use of private bills to try amend the Preamble of Constitution

Use of private Bills to amend the Constitution's Preamble

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• The story: Rajya Sabha Deputy Chairman said it was up to the House to take up a private member’s bill on amending the Preamble of the Constitution and the Chair cannot give a ruling on the issue.
• Background: A Rajya Sabha member introduced a Private Member bill that seeks to replace the word “Socialist” with “Equitable” in the Preamble. The member K.J. Alphons has argued that the term “socialist” has “political connotations” and carries historical baggage that need not be acceptable to a large section of India.

1. Opposition members in Rajya Sabha had opposed the motion to introduce a Bill on the subject.
2. They had argued that Preamble is part of the basic structure of the Constitution and the Bill may not be allowed for introduction.
3. Opposition members also referred to Rule 62 (2) of the Rules of Procedure and contended that such a bill, which did not have the previous sanction or recommendation of the President, cannot be introduced in the House.
4. The Deputy Chairman of RS said that a Bill to amend the Preamble of the Constitution can be introduced if the House so decides but the Chair does not have the powers to do so.
5. There are instances where Private Members’ Bills to amend the Preamble have been moved in the past.

• Private Member’s Bill: A member of parliament (MP) who is not a minister is a private member. The Bills introduced by private members are referred to as Private Member’s Bills.
• Preamble of the Constitution: The Preamble is an introductory statement, stating the aims and objectives of the Constitution. The Preamble is part of the Constitution. According to Article 368 of the Constitution, Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution and a Bill for the purpose can be introduced in either House of Parliament.
• Summary: The Rajya Sabha debates on the use of private Bills which came over seeking to replace the word ‘socialist’ with ‘equitable’ in the Preamble to the Constitution is important. These debates provide a forum for MPs to express their opinions and concerns, and contribute towards making policy. It allows parliamentarians to voice the interest of the people of their constituencies. The goal also is scrutinising, overseeing and holding government accountable. A key parliament role is to examine, check and challenge the work of government through questioning Ministers and debating over it. They are also necessary for better policy formulation, diverse views and assist in informed decision making.
• EXAM QUESTIONS: (1) Examine the importance of parliamentary debates in a democracy like India. What is the recent record? (2) The Preamble is the philosophical soul of the Constitution of India. Examine critically. (3) Comment on the concept of "basic structure" of constitution.

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