LI Network
Published on: February 9, 2024 at 15:55 IST
The Supreme Court addressed a public interest litigation filed by former Rajya Sabha MP Dr. Subramanian Swamy, seeking the removal of the words “Socialist” and “Secular” from the Preamble to the Constitution of India.
The Court, during the hearing, raised an intriguing query on whether the Preamble could have been amended while retaining its original adoption date.
The case, which has been listed for the week commencing April 29, 2024, at the request of the counsel in the connected matter (Balram Singh v. Union of India), saw Justices Sanjiv Khanna and Dipankar Datta presiding over the bench.
During the proceedings, Justice Datta remarked, “It’s not that Preamble cannot be amended,” urging the counsels to contemplate, from an academic standpoint, the possibility of amending the Preamble in the past, specifically during the 42nd Amendment Act in 1976, to introduce the words “Socialist” and “Secular” while preserving the original adoption date of November 29, 1949.
Dr. Swamy, along with other counsels, reiterated the significance of this query, stating, “That’s precisely the point.” Justice Datta emphasized the uniqueness of the Indian Constitution’s Preamble, pointing out that it explicitly mentions the date of adoption, unlike other preambles.
In response to this, one of the counsels argued, “This Preamble is coming with a specific date, so therefore amending it without any discussion…”. Dr. Swamy added that the 42nd Amendment Act was passed during the Emergency period (1975-77).
The present petition challenges the constitutional validity of inserting the words “socialist” and “secular” in the Preamble through the 42nd Constitution Amendment of 1976, during the tenure of Prime Minister Indira Gandhi.
The petition argues that such an insertion exceeded the amending power of the Parliament under Article 368.
The petitioners contend that the framers of the Constitution never intended to introduce socialist or secular concepts into democratic governance. Additionally, it is asserted that Dr. BR Ambedkar rejected the incorporation of these words, as the Constitution should not impose specific political ideologies on citizens, thereby infringing upon their right to choose.
Rajya Sabha MP Binoy Viswam of the Communist Party of India has intervened in the matter, opposing the petition. He argues that secularism and socialism are inherent features of the Indian Constitution, and the addition of these words in the Preamble did not alter the nature of the Constitution.
Case Title: Dr. Subramanian Swamy and Anr. v. Union of India and Anr., WP(C) 1467/2020 (and connected case)