Beginning with an incident that recently came under the limelight, the Rajya Sabha is contemplating the introduction of a Private Member’s Bill aimed at amending the Preamble of the Constitution. The focus of this potential amendment is a modification of the phrase “EQUALITY of status and of opportunity,” expanding it 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.”
Understanding the Amendment of the Preamble
The Preamble, though a part of the Constitution, carries certain specific guidelines related to its amendment as per Article 368. The core structure of the preamble is inviolable and cannot be altered. This law was established in the Supreme Court verdict during the case of Kesavananda Bharati vs State of Kerala in 1973, which prohibited any modifications that could disrupt the basic structure of the Constitution. The existing Preamble has only been amended once before, by the 42nd Amendment Act, 1976, integrating three terms- Socialist, Secular, and Integrity.
Key Aspects of Private Member’s Bill
The term ‘Private Member’ applies to any parliamentarian who does not hold the position of a minister. The responsibility of drafting such a bill rests solely on the Private Member. To introduce this kind of legislation in the House, it is compulsory to give a month’s notice. Unlike government or public bills that can be proposed and debated any day, private member’s bills are restricted to Fridays. In scenarios where numerous bills demand attention, a lottery system helps determine the order for their introduction.
The Parliamentary Committee segregates such bills based on urgency and significance. Rejection from the House does not affect the parliamentary faith in the government or influence any resignations. The discussion’s conclusion allows the member presenting the bill to either withdraw it at the minister’s request or persist with its passage.
Previous Instances of Private Bills
Historically, both Houses last approved a private member’s bill in 1970 – the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, 1968. In total, 14 private member’s bills, including five introduced in the Rajya Sabha, have been enacted into law. Examples of previous private member bills that have become laws include the Proceedings of Legislature (Protection of Publication) Bill, 1956, and The Salaries and Allowances of Members of Parliament (Amendment) Bill, 1964, both presented to the Lok Sabha, along with The Indian Penal Code (Amendment) Bill, 1967, introduced in the Rajya Sabha.
The Significance of Private Member’s Bill
The purpose behind private member’s bills revolves around drawing the government’s attention towards perceived loopholes in the current legal framework that necessitate legislative review. Consequently, they embody the standpoint of the opposition party on public matters, contributing a necessary dynamic to discussions on policy and legislation.
