The Supreme Court has decided to examine whether the words “socialist” and “secular” could have been added to the Preamble of the Indian Constitution in 1976 without altering the original adoption date of November 26, 1949. This decision comes after hearing petitions seeking the deletion of these words from the Preamble. Justices Sanjiv Khanna and Dipankar Datta clarified that while they’re not suggesting the Preamble cannot be amended, they are questioning whether such an amendment was permissible when the original adoption date was part of the Preamble.
The Preamble serves as an introduction to the Constitution, outlining its guiding principles. Originally adopted in 1949 and coming into effect in 1950, it emphasized principles such as justice, liberty, equality, and fraternity. The words “socialist” and “secular” were added in 1976 through the 42nd Constitution Amendment, which was controversial.
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The petitions argue that this insertion goes against the original intent of the Constitution’s framers and violates fundamental rights such as freedom of speech, expression, and religion. They also challenge the insertion of these words in the Representation of People Act, arguing that it imposes ideological constraints on political parties.
The petitioners point out that previous attempts to include “secular” in the Constitution were rejected by the Constituent Assembly. They question whether Parliament had the authority to go against the Constituent Assembly’s decisions and amend the Preamble.
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Subramanian Swamy, in his petition, contends that the Preamble is not equivalent to an ordinary statute and cannot be easily varied, altered, or repealed. He argues that the insertion of “socialist” and “secular” goes against the fundamental principles of the Constitution and the right to freedom of religion.
The Supreme Court has scheduled the next hearing for April and has asked the parties to prepare arguments regarding whether the Preamble could have been amended without altering the original adoption date. This case raises significant questions about the nature of constitutional amendments and the foundational principles of the Indian Constitution.
