Latest news with #ConstitutionalAmendmentBill
Indian Express
2 days ago
- Politics
- Indian Express
When LS passed 42nd Amendment, Indira said: ‘Secular, socialist in Preamble echo Constitution'
In the midst of the Emergency, the Lok Sabha in October 1976 debated and passed the 42nd Constitutional Amendment, which brought sweeping changes to the Constitution, when the Opposition leaders had been in jail. On October 27, 1976, participating in the discussion on this legislation, then Prime Minister Indira Gandhi said in the House that the inclusion of the words 'secular' and 'socialist' in the Preamble of the Constitution through it was just spelling out 'what was already there in the Constitution'. 'The founding fathers of our Constitution and of our country had intended Indian society to be secular and socialist. These are not new definitions. They have guided our laws all these years. All we are doing now is to incorporate them in the Constitution itself for they rightly deserve to be mentioned there,' Indira told the Lok Sabha. Recently, RSS general secretary Dattatreya Hosabale sought a discussion on whether 'socialist' and 'secular' should continue to remain in the Preamble. Union Ministers Shivraj Singh Chouhan and Jitendra Singh have lent their weight to Hosabale's pitch, even as Vice-President Jagdeep Dhankhar and Assam Chief Minister Himanta Biswa Sarma have castigated the insertion of 'socialist' and 'secular' in the Preamble. The 42nd Constitutional Amendment was passed with a special majority by both the Houses but in 1977, when the Janata Party government came to power after winning the Lok Sabha polls, it reversed almost all the changes that this law brought into force while still retaining 'socialist' and 'secular' and fundamental duties. With the Opposition members in prison, the 42nd Constitutional Amendment got widespread support in the House, with a note of caution sounded by political scientist and Independent MP P G Mavalankar, the son of the first Lok Sabha Speaker G V Mavalankar. P G Mavalankar, who was not arrested because of the stature of his family, also criticised the Emergency. 'I ask: are there conditions conducive to a free debate today? Is there a free press? Is the public forum in continuous and free possession of the people? Are the media of radio and TV equally serviceable to differing, opposing and conflicting viewpoints and opinions? The answer is obviously and most categorically 'No'. The publicity has been almost entirely one-sided; there has been practically a one-way traffic,' he said in the House, questioning how free the debate on the Constitutional Amendment Bill could be. 'Throughout my life, I have been wedded to socialist and secular ideals,' Mavalankar said on the insertion of the two terms, 'But I want to ask you: can we change the Preamble which was passed on 26 November 1949 and that was specifically mentioned in the Preamble which says: 'We the people of India etc?' The Preamble is a part of the Constitution, not strictly; though undoubtedly it is the key of the Constitution. Therefore, if you put words 'socialist' and 'secular' in the Preamble, I am afraid a time will come when some people might say: remove the word 'democracy'. Already the substance has gone; the word may also go next time.' Notwithstanding this dissent, the changes received support from the entire House, mainly the Treasury bench MPs. 'The objectives which we had always in view, namely, socialism and secularism, which we have tried to implement, will be more and more implemented and will be more accurately and correctly reflected in a basic part of our Constitution, namely, the Preamble,' then Union Law Minister H R Gokhale said. 'Let anyone say that 'socialism' or 'secularism' is incapable of definition. Well, if that argument were to be accepted, even 'democracy' in that sense is incapable of definition because, is it not understood in different ways in different countries? But, we understand what kind of democracy we stand for. In the same way, we understand what 'socialism' stands for and what 'secularism' stands for.' CPI leader Indrajit Gupta said, 'It is very welcome also that the word 'secular' is being introduced. We want to understand what is the significance behind this. Because our State is a secular State, our State respects and recognises, and gives equal rights to people belonging to all religions or faiths or to people of no religion, in law.' Indrajit Gupta also said: 'When the government itself has come forward to add the word 'secular', particularly here, I take it to mean something; I take it to mean that the secular aspect of our democracy requires to be strengthened; otherwise it is superfluous to introduce this word here… I take it that what we want to assure the people of all faiths and communities and religions particularly the minorities is that we mean to take some further action, legislative and others, to strengthen and secularise the content of our democracy.' Supporting the Bill, Congress MP P R Shenoy dismissed as emotional the concern that sweeping changes were being made to the Constitution, with Opposition MPs in prison. 'Certain events in the country have made it necessary to lay emphasis on certain concepts like nationalism and secularism…. One of the serious objections to the Constitutional Amendment is that it should wait for certain men, men who are under detention and men who are not willing to express their views as long as there is Emergency – not that they are not allowed to express their views but they do not want to express their views until there is Emergency – and men who will occupy the seats of this House after the next elections. This objection, I feel, is more of a sentimental nature. There is no rationality behind it. In the history of a nation, time and tide wait for no man.' Then Union Minister Swaran Singh said that the inclusion of the word secular was 'very vital for our country to grow from strength to strength and to remain united and a strong nation'. He added that the word had become very popular across India. 'You may go to the Punjab, to Gujarat, even to the South; when they make speeches in their own languages they always use the word 'secular' because it has assumed a definite meaning and that meaning is that there will be equality before the eye of the law in our Constitution with regard to people professing different religions. Not only that but more than that there is no connotational element of any anti-religious feeling but it is really respect for all religions.' Taking a dig at the Jana Sangh, Congress MP C M Stephen said, 'There are people who are speaking about communal authority. Jana Sangh is going about with a sectarian point of view and a divisive philosophy. Therefore, it is necessary that the Preamble reminds the nation that the nation has been committed to secularism and there can be no going away from secularism. This is the sentiment of the nation; this is the will of the nation; this is the faith of the nation and the Constitution reflects the new found faith and the belief, commitment and promises which they are giving to themselves.' He added that this was the same Constitution that was given to the people in 1949, but with a few amendments.
The South African
5 days ago
- Politics
- The South African
ActionSA wants deputy ministers axed, plans to save billions
Andrew Whitfield's dismissal as Deputy Minister of Trade, Industry and Competition has sparked major reactions. ActionSA has weighed in and called for President Cyril Ramaphosa to remove the remaining 42 deputy ministers from their posts. ActionSA's Athol Trollip says the executive must be freed from incompetence, underperformance, and impropriety. He says Ramaphosa should implement bold reforms that deliver real accountability. The party believes that Ramaphosa missed an opportunity to make decisive changes and steer the country in a new direction. He said the president failed to 'cut the dead wood' and remove those tainted by corruption and mismanagement. The political party says it has introduced a bill to slash cabinet perks and rein in executive excess. The Enhanced Cut Cabinet Perks Bill is part of ActionSA's Cabinet Reform Package. '[It] will soon see us table a Constitutional Amendment Bill in Parliament to abolish the position of Deputy Ministers altogether. Measures that together could conservatively save South Africans R1.5 billion a year,' said Trollip. Trollip said Minister Thembi Simelane, Minister Khumbudzo Ntshaveni and Minister Nobuhle Nkabane should have been removed, but instead they remain firmly in place. He said the ActionSA believes that South Africans deserve leadership that serves them, not themselves. 'Ramaphosa's cabinet is not only one of the largest in the world but also deeply ineffective, with worsening socio-economic indicators reflecting a failure rooted in absent reforms,' added Trollip. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 11. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news
Indian Express
12-06-2025
- Politics
- Indian Express
Census, followed by delimitation or freeze? The road ahead, likely legal challenges
The current freeze on delimitation — which for the past 50 years has based the allocation of seats to states in the Lok Sabha on the census figures of 1971 — will expire in 2026, unless Parliament passes another Constitutional Amendment Bill by then to extend it. The reason: the Constitution under Article 82 mandates delimitation after each census to readjust the seats as per changes in population. It says, 'Upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine.' Article 81 of the Constitution provides for the 'one person, one vote, one value' principle. Article 81 (2) (a) says, 'There shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the state is, so far as practicable, the same for all States.' Article 81 (2) (b) says, 'Each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and number of seats allotted to it is, so far as practicable, the same throughout the State.' With the collection of data for the next census ending by March 1, 2027, the release of census data could coincide with the expiry of the freeze on delimitation. This freeze was put in place first for 25 years through a constitutional amendment in 1976, and again by 25 years through a constitutional amendment in 2002. The reason for the freeze was the concern of the southern states that because their population had stabilised by then, and the population of some northern states had begun to grow at a brisk pace, their representation in the Lok Sabha would go down. To freeze or not to freeze With the Constitution ensuring equality of representation to citizens and not states of the Union, and mandating delimitation every 10 years to adjust the allocation of the seats to population, the only way in which the southern states will not lose representation would have to be another Constitutional amendment. However, with government sources saying that the idea is to have delimitation and then women's reservation in the Lok Sabha elections of 2029, the census is likely to be followed by delimitation. The website of the Election Commission of India says, 'Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. After the commencement of the Act, the Central Government constitutes a Delimitation Commission. This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002. Notwithstanding the above, the Constitution of India was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026. Thus, the present Constituencies carved out on the basis of the 2001 census shall continue to be in operation till the first census after 2026.' In other words, the release of census data will be followed by the passage of the Delimitation Bill in Parliament, unless Parliament suspends the constitutionally mandated process by amending the Constitution to freeze delimitation by, say, another 25 years. Potential legal issues Once the Delimitation Commission is constituted by the Centre, it will use the latest census data to redraw Lok Sabha constituencies. However, it will be bound by Article 81 of the Constitution to redraw these on the basis of the latest population data, unless Article 81 is itself amended. Article 81 may anyway require amendments. For instance, since it limits the strength of the Lok Sabha to 550 under clauses (a) and (b), the strength will have to revised through a constitutional amendment so as to ensure that one MP does not represent too large a population, and to pave way for the reservation of women without cutting down the seats available to men. Article 81 as of now makes one exception to the 'one person, one vote, one value' principle, by giving small states and Union Territories at least one seat even if their population is very low. Since the Constitution is clear about the centrality of this principle in all other cases, the only way the south does not lose relative strength in the Lok Sabha will be by amending Article 81 (2) (a). However, any move to amend Article 81 (2) (a) would be liable to challenge in the Supreme Court as violative of the right to equality enshrined in Articles 14 and 15. The fear in south India is that if delimitation is based purely on population, northern states will get much more seats and thus a very large voice in Parliament. But if the law is amended and they get more seats than they would through the population criterion, then voters in the north and the south are not being treated equally. Even if the principle of reasonable classification — likes be treated alike — is evoked, it will be based on the argument that better social and economic indicators require special protection for southern states. This logic is exactly opposite to the one that permits reservation on the grounds that the state can make special provisions for the backward classes. The delimitation question, thus, has no easy answers, and is likely to lead to much litigation. Vikas Pathak is deputy associate editor with The Indian Express and writes on national politics. He has over 17 years of experience, and has worked earlier with The Hindustan Times and The Hindu, among other publications. He has covered the national BJP, some key central ministries and Parliament for years, and has covered the 2009 and 2019 Lok Sabha polls and many state assembly polls. He has interviewed many Union ministers and Chief Ministers. Vikas has taught as a full-time faculty member at Asian College of Journalism, Chennai; Symbiosis International University, Pune; Jio Institute, Navi Mumbai; and as a guest professor at Indian Institute of Mass Communication, New Delhi. Vikas has authored a book, Contesting Nationalisms: Hinduism, Secularism and Untouchability in Colonial Punjab (Primus, 2018), which has been widely reviewed by top academic journals and leading newspapers. He did his PhD, M Phil and MA from JNU, New Delhi, was Student of the Year (2005-06) at ACJ and gold medalist from University Rajasthan College in Jaipur in graduation. He has been invited to top academic institutions like JNU, St Stephen's College, Delhi, and IIT Delhi as a guest speaker/panellist. ... Read More
Scoop
13-05-2025
- Politics
- Scoop
Pacific News In Brief For 13 May
Article – RNZ A round-up of news from around the region, including calls for compulsory Mori language education alongside English in the Cook Islands. Papua New Guinea – politics The Papua New Guinea Supreme Court has been asked by the opposition to review the decision by parliament to change the law on votes of no confidence. In March, James Marape's government pushed through a constitutional amendment, introducing an 18-month grace period after any unsuccessful vote of no confidence against a sitting prime minister. The amendment, passed with a 81-4 vote, was hailed by Marape as a crucial step towards fostering political stability. Critics have said removing opportunities for votes of no confidence undermines the country's democracy. Political scientist Michael Kabuni called the availability of the vote a 'safety valve' that can ease political tension in PNG. The court will hear the application on 22 May. Papua New Guinea – weapons People in Enga Province have been warned that security force officers will arrest and charge anyone carrying offensive weapons in public places. Provincial police commander Chief Superintendent Fred Yakasa told local media people carrying bush knives, axes, knives, any sharp objects, guns, bullets and cartridges will be arrested and charged. He said he has told all of his police officers and security officers to confiscate such weapons and not entertain any excuses. Yakasa said people are being slashed in a matter of seconds in public places, which leads to further uprising in communities with tribal fights. Fiji – constitution The Fiji Cabinet has agreed to seek an opinion from the Supreme Court over the amendment provisions of the 2013 constitution. The coalition government said it is looking for clarification around the interpretation and application of the amendment provisions. Prime Minister Sitiveni Rabuka's administration failed in its bid to win enough support in parliament to amend the document. Rabuka could not get the 75 percent support needed to amend the constitution during the Constitutional Amendment Bill's second reading. The government has now hired Australian barrister Bret Walker to provide legal representation in the court. Solomon Islands – politics Two new ministers have been sworn in at Government House in Solomon Islands. The pair fill the last of the portfolios left vacant after a mass resignation that sparked a brief period of political uncertainty. A motion of no confidence against prime minister Jeremiah Manele was ultimately withdrawn. Government House has confirmed to RNZ Pacific the two new ministers are Bradley Tovosia taking up the Fisheries and Marine Resources portfolio, and John Tuhaika Jr, who is minister for Traditional Governance, Peace and Ecclesiastical Affairs. Prior to all of the floor-crossing, Tovosia had been deputy prime minister and minister of mines. Cook Islands – language Cook Islands traditional leaders are calling for compulsory Māori language education alongside English. The House fo Ariki made the request during an education conference on Rarotonga, where they also asked for tradititional knowledge to be more widely taught. High chief Tou Travel Ariki said for the first time the house of Ariki has collectively articulated their vision for an inclusive education system that places language and culture at its core.
Scoop
13-05-2025
- Politics
- Scoop
Pacific News In Brief For 13 May
Article – RNZ A round-up of news from around the region, including calls for compulsory Mori language education alongside English in the Cook Islands. Papua New Guinea – politics The Papua New Guinea Supreme Court has been asked by the opposition to review the decision by parliament to change the law on votes of no confidence. In March, James Marape's government pushed through a constitutional amendment, introducing an 18-month grace period after any unsuccessful vote of no confidence against a sitting prime minister. The amendment, passed with a 81-4 vote, was hailed by Marape as a crucial step towards fostering political stability. Critics have said removing opportunities for votes of no confidence undermines the country's democracy. Political scientist Michael Kabuni called the availability of the vote a 'safety valve' that can ease political tension in PNG. The court will hear the application on 22 May. Papua New Guinea – weapons People in Enga Province have been warned that security force officers will arrest and charge anyone carrying offensive weapons in public places. Provincial police commander Chief Superintendent Fred Yakasa told local media people carrying bush knives, axes, knives, any sharp objects, guns, bullets and cartridges will be arrested and charged. He said he has told all of his police officers and security officers to confiscate such weapons and not entertain any excuses. Yakasa said people are being slashed in a matter of seconds in public places, which leads to further uprising in communities with tribal fights. Fiji – constitution The Fiji Cabinet has agreed to seek an opinion from the Supreme Court over the amendment provisions of the 2013 constitution. The coalition government said it is looking for clarification around the interpretation and application of the amendment provisions. Prime Minister Sitiveni Rabuka's administration failed in its bid to win enough support in parliament to amend the document. Rabuka could not get the 75 percent support needed to amend the constitution during the Constitutional Amendment Bill's second reading. The government has now hired Australian barrister Bret Walker to provide legal representation in the court. Solomon Islands – politics Two new ministers have been sworn in at Government House in Solomon Islands. The pair fill the last of the portfolios left vacant after a mass resignation that sparked a brief period of political uncertainty. A motion of no confidence against prime minister Jeremiah Manele was ultimately withdrawn. Government House has confirmed to RNZ Pacific the two new ministers are Bradley Tovosia taking up the Fisheries and Marine Resources portfolio, and John Tuhaika Jr, who is minister for Traditional Governance, Peace and Ecclesiastical Affairs. Prior to all of the floor-crossing, Tovosia had been deputy prime minister and minister of mines. Cook Islands – language Cook Islands traditional leaders are calling for compulsory Māori language education alongside English. The House fo Ariki made the request during an education conference on Rarotonga, where they also asked for tradititional knowledge to be more widely taught. High chief Tou Travel Ariki said for the first time the house of Ariki has collectively articulated their vision for an inclusive education system that places language and culture at its core.
