Prerna Gala
Published on: September 9, 2022 at 18:36 IST
The leader of the CPI, Binoy Viswam, has petitioned the Supreme Court to reject Subramanian Swamy’s request to strike “socialist” and “secular” from the Preamble.
Viswam has argued in his impleadment application that Swamy’s plea was a clear abuse of the legal system, lacking any merit, and deserving of being dismissed with exemplary costs.
The application was prepared by advocate Mahesh Menon and submitted through advocate Sriram Parakkat.
According to the appeal, Swamy’s argument effectively challenges the 42nd Amendment to the Constitution, which changed India’s designation from a “sovereign democratic republic” to a “sovereign, socialist, secular, democratic republic.”
“It is most respectfully submitted that the challenge here is surreptitiously coded as a challenge to the 42nd Amendment. However, the only intent of this petition is to enable a political party to seek votes in the name of religion.”
Swamy asks for the repeal of Subsection 5 of Section 29 (A) of the 1951 Representation of the People Act as one of his requests in his pleading.
The Election Commission must register associations and entities as political parties in accordance with Section 29-A of the Act.
A political party’s registration application must include an oath under Section 5 stating that the applicant will preserve India’s independence, unity, and integrity while also having genuine faith and allegiance to the Constitution of India as it has been created by law.
According to Viswam, this prayer is intended to ensure that a vote-by-religion petition will be accepted as legitimate.
The argument by Swamy challenges the addition of the words “Secular” and “Socialist” in Section 29 A (5) of the Representation of People Act, 1951, which requires political parties to adhere to the ideas in Section 29A.
Subsection (3) of Section 123 of the Representation of the People Act, 1951 treats an appeal to the electorate to vote on the basis of religion, race, caste, or community of the candidate or the use of religious symbols as a corrupt practise.
The case, according to the applicant, Viswam, was submitted in an effort by political parties to get votes by using religion.
On the words “socialist” and “secular” in the Preamble, the application states,
“…the constitution makers had always had clear, cogent and belligerent intent to keep Indian polity secular and the secular nature of the constitution is not dependent on the insertion of the word ‘secular’ into the preamble.”
The applicant has further argued that the Constitution is secular since it grants citizens the freedom to freely practise, profess, and propagate any religion of their choice.
“Broad socialist ideas were inherent in the constitution and political aspirant who tries to qualify himself for an electoral process vows in the name of socialism is not an aberration but a natural corollary of the promise of the constitution,” the plea adds.