Use of older version of Preamble by government creates controversy
In an advertisement by I&B ministry, original version of preamble drafted in 1945 was used. This created a controversy as the version does not contain the words ‘socialist’ and ‘secular’ which were added later to the Preamble in 1976.
Preamble of Constitution of India
In an attempt to put a lid on the Preamble controversy, information and broadcasting minister Arun Jaitley issued instructions that henceforth only the 1976 version of the Preamble will be used in all advertisements and government communication.
What is Preamble?
- The preamble a brief introductory statement that sets out the guiding purpose and principles of the constitution.
- As declared by the Supreme Court of India in BeruBari case, the preamble is not an integral part of the Indian constitution and hence it is not enforceable in a court of law.
- However, Supreme Court of India has overruled earlier decisions, in the Kesavananda case, and recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves.
- In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution.
- As originally enacted the preamble described the state as a “sovereign democratic republic“.
- In 1976 the Forty-second Amendment changed this to “sovereign socialist secular democratic republic“.