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The Opposition had objected to the introduction of the Bill during the Winter Session. (File) Two controversial private member Bills— one on the Uniform Civil Code (UCC) and the second on amending the Preamble of the Constitution — were not introduced in Rajya Sabha on Friday, even though they were listed, since BJP members who had given notices for moving the Bills were not present in the House.
The Opposition had objected to the introduction of both Bills in the past.
BJP’s K J Alphons, who had given notice for moving the Bill to amend the Preamble of the Constitution, was not present in the House when his name was called. Alphons was seen in the House after some time.
The Bill seeks to amend the Preamble of the Constitution to make certain changes — such as substituting the word “Socialist” with “Equitable”, and rephrasing the sentence “Equality of status and of opportunity and to promote among then all” with “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”.
Explained
Why Bills were not introduced
Cleared for introduction by the Chair, the Bills were not introduced since Treasury benches were not in full strength, it is learnt. The Opposition would have sought voting, a source said, but ruling party MPs were not present in full strength, since most are campaigning in Assembly election-bound states.
The Opposition had objected to the introduction of the Bill during the Winter Session.
On Friday, Deputy Chairman Harivansh gave a ruling in favour of its introduction.
“Preamble is part of the Constitution, and as per 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,” he said. “A Bill for the purpose can be introduced in either House.” Harivansh said there are many instances from the past when “Private Members’ Constitution (Amendment) Bills to amend the Preamble have been introduced in both Houses, and they are on record”.
He said if introduction of a Bill is opposed on the ground of legislative competence of the House, the House will decide on that, and not the Chair.
Citing several past rulings in this regard, Harivansh said, “The Bill has been listed in today’s agenda for introduction. The House may decide about the manner of disposal of the motion when the motion for introduction… is moved by Alphons.”
Objecting to its introduction, Congress deputy leader Anand Sharma said, “I do not think the House itself has any mandate, or is competent to amend the Preamble to the Constitution. It means neither the Council of States nor the House of the People. Sir, it is very clear what is enshrined there. It is not the question of tinkering with the basic structure. There are umpteen judgments of the Supreme Court on that.” Trinamool Congress’s Sukhendu Sekhar Ray supported Sharma.
The private member Bill on UCC was also contentious. CPI(M) member Elamaram Kareem had earlier in the day written to Chairman M Venkaiah Naidu opposing its introduction by BJP’s Kirodi Lal Meena.
But Meena, too, was not present in the House. The Bill on UCC was listed on the agenda of the House in February 2020, too. Even then, Meena was found absent from the House when his name was called to introduce the Bill.
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