Context: Recently, Rajya Sabha reserved its decision to allow the introduction of a Private Member’s Bill to amend the Preamble to the Constitution.
About the Constitution (Amendment) Bill, 2021

• The Bill seeks to change the words in the Preamble “EQUALITY of status and of opportunity” to “EQUALITY of status and of opportunity to be born, to be fed, to be educated, to get a job and to be treated with dignity”.
• It also seeks to replace the word “socialist” with “equitable”.
• The Bill also proposes adding “access to information technology” and “happiness” as objectives.

Four important aspects can be ascertained from the above text of the preamble

• Source of authority of the constitution: It derives its authority from the people of India.
• Nature of Indian state: It declares India to be a sovereign, socialistic, secular democratic and republican polity.
• Objectives of the constitution: It specifies justice, liberty, equality and fraternity as the objectives.
• Date of adoption: Nov 26th, 1949.

Preamble as part of the constitution

• In the Berubari Union Case (1960), the Supreme Court opined that the Preamble was not part of the constitution.
• The above opinion was reversed in Keshavananda Bharati case in 1973; the SC held that Preamble is part of the constitution. This opinion was further clarified by the SC in LIC of India case (1995).

Though preamble is part of the constitution;

• It is a neither a source of power to legislature nor a prohibition upon the powers of legislature.
• It is a non-justiciable, that is , its provisions are not enforceable in any courts of law.

Preamble and its amendability

• In Keshavananda Bharati case, the court held that the basic elements or the fundamental features of the constitution as contained in the preamble cannot be altered by an amendment under article 368.
• The preamble has been amended only once. That is- 42nd constitutional amendment act, 1976 when three new terms were added- Socialist, secular and integrity.

About Private Member

• Any Member of Parliament (MP) who is not a minister is referred to as a private member.
• Its drafting is the responsibility of the member concerned. Its introduction in the House requires one month’s notice.
• The government bills\public bills can be introduced and discussed on any day, private member’s bills can be introduced and discussed only on Fridays.

Previous Private Bills

• The last time a private member’s bill was passed by both Houses was in 1970.
• It was the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968.

14 private member’s bills — five of which were introduced in Rajya Sabha — have become law so far. Some other private member bills that have become laws include-

• Proceedings of Legislature (Protection of Publication) Bill, 1956, in the Lok Sabha.
• The Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964, introduced in the Lok Sabha.
• The Indian Penal Code (Amendment) Bill, 1967 introduced in the Rajya Sabha.

Significance

• The purpose of the private member’s bill is to draw the government’s attention to what individual MPs see as issues and gaps in the existing legal framework, which require legislative intervention. Thus it reflects the stand of the opposition party on public matters.