SC Questions Petition Seeking Removal Of ‘Socialism’ And ‘Secularism’ From Constitution’s Preamble

The Supreme Court reviewed a petition seeking the removal of the words “socialism” and “secularism” from the preamble of the Indian Constitution. A bench led by Justice Sanjeev Khanna noted that these terms have evolved in meaning but continue to be integral to the Constitution’s basic structure. During the hearing, Justice Khanna asked the petitioner’s lawyer, Vishnu Shankar Jain, “Don’t you want India to remain secular?”

The petition claims that the inclusion of these words, through the 42nd Constitutional Amendment of 1976, was beyond Parliament’s power under Article 368. Subramanian Swamy, one of the petitioners, argued that the amendment, made during Prime Minister Indira Gandhi’s tenure, went against the spirit of the original Constitution, as it was not debated in the Constituent Assembly. He requested more time to present detailed arguments.

Court Stresses Importance of Secularism and Socialism

Justice Khanna explained that socialism, instead of representing a specific political ideology, could be viewed as a framework ensuring equal rights for all sections of society. He emphasized that courts have repeatedly ruled that both socialism and secularism form the core of the Constitution. The bench also noted that the inclusion of these terms reflects India’s diverse and pluralistic society.

Petition Challenges the 42nd Amendment

The petition, filed by BJP leaders Subramanian Swamy and Balram Singh, challenges the legality of the 42nd Amendment that introduced “socialism” and “secularism” into the preamble. The petitioners argue that adding these words was beyond the powers granted to Parliament under Article 368. They claim that this change went against the principles debated in the Constituent Assembly. After hearing initial arguments, the Supreme Court has listed the matter for further hearing on November 18, allowing Swamy to present his arguments in detail.

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