Guwahati: Rajya Sabha MP Dr Subramanian Swamy filed a writ suit on Friday asking the Supreme Court to strike the phrases “Socialism” and “Secularism” from the Constitution’s Preamble.
Dr. Swamy’s appeal was filed with another identical argument that will be heard by Chief Justice of India UU Lalit on September 23 by a court panel led by Justices Indira Banerjee and MM Sudresh.
The validity of the 42nd Amendment, passed in 1976 during the term of Prime Minister Indira Gandhi, which introduced the terms “Socialism” and “Secularism,” is contested by the second petitioner, Attorney Satya Sabharwal.
The petitioners contend that under Article 368, the parliament lacks the authority to change such an introduction.
They said that the incorporation of socialist or secular ideas into democratic administration was never the intention of the Constitution’s authors, including Dr. BR Ambedkar.
Additionally, it noted that Dr. Ambedkar had rejected the inclusion of these two terms because the Constitution cannot forcibly impose a particular political ideology on the people by removing their freedom of choice.
It stated that because the Preamble was acknowledged as a component of the Constitution’s fundamental framework in the Kesavananda Bharati case, Parliament cannot change it.
The petitioner further argued that Section 29A(5) of the Representation of Peoples Act of 1951 exceeded the Constitution’s authority.
A political party must pledge allegiance to socialism and secularism in accordance with Section 29A(5) of the Representation of Peoples Act 1951 in order to be registered.
A different petition questioning the inclusion of “Socialism” and “Secularism” in the Preamble was submitted to the Supreme Court earlier in the year 2020.