SC to hear on Nov 18 plea to remove socialist” and “secular” terms from Preamble of Constitution

New Delhi, Oct 21 (Bureau) The Supreme Court on Monday posted the matter to November 18 on the BJP leader and former Union Minister Subramanian Swamy’s plea seeking deletion of the terms “socialist” and “secular” from the Preamble of the Indian Constitution. A bench comprising Justices Sanjiv Khanna and Sanjay Kumar was hearing the plea, which challenges the 42nd Amendment Act of the Constitution, which added the terms “socialist” and “secular” to describe India in the Preamble. The plea also challenges provisions of the Representation of the People Act, 1951, which require political parties to give an undertaking to uphold secularism to register. Advocate Vishnu Shankar Jain and BJP Leader Subramanian Swamy appeared and challenged the 42nd Amendment. Advocate Jain argued that this Amendment was never challenged in Kesavanda Bharti’s judgment.

Justice Khanna said, “ Please tell us the grounds, the words have varied interpretations. Both words have different interpretations today. Even our courts have declared them time and again as part of the basic structure. Advocate Jain said, “ I understand what is falling from your lordship. Please see the discussion on this amendment. It is important. People had criticized this.” Justice Khanna said Socialism can also mean there has to be a fair opportunity for all Concept of equality. Let’s not take it as a Western concept. It can have some different meanings as well. Same with the word secularism, justice Khanna emphasis.

Advocate Jain argued, “ Please check the implications. This was not debated in the parliament. It is against the founding fathers’ idea.” Justice Khanna said, “ We have debated enough.” Advocate Ashwini Upadhyay, petitioner in one of the petitions, read out the reasons behind the enactment of 42nd Amendment Act, while referring to the Emergency issue which led to the enactment of this Amendment Act said, ” I don’t want to say much on what Justice HR Khanna did and saved us.” Advocate Jain interjected and said, “Lordships please allow us to raise this issue. Issue notice on this.” Justice Khanna then asked, “You don’t want India to be secular?” Advocate Jain stressed, “We are not saying that India is not secular. We are challenging this amendment. ” Justice Khanna said, “ By 42nd Amendment, there are other additions as well in the preamble, like ‘integrity of country’. “If one looks right to equality and the word fraternity used in the constitution as well as the rights under Part III, there is a clear indication that secular has been held as the core feature of the constitution. I can cite cases for you. When secularism was debated, there was only French model, Justice Khanna said. Justice Khanna further said that the Supreme Court has struck down statutes which go against secularism. You may look at Article 25. For socialism, we have not followed the Western concept and we are happy with it, Justice Khanna said.

Advocate Vishnu Shankar Jain for the petitioner Balram Singh referred to a speech by Dr BR Ambedkar on the aspect of ‘socialism’ and said that Dr Ambedkar condemned the aspect of the introduction of the word ‘socialism’ as it curtails liberty. Justice Khanna then asked, “Has liberty been curtailed? Tell me.” Advocate JVishnu ain replied, “ It is. I will show.” The bench was hearing the petitions filed by Balram Singh, Dr Subramanian Swamy and Ashwini Kumar Upadhyaya challenging the amendment to the Preamble. Advocate Jain further submitted that Dr.Ambedkar had opined that the inclusion of the word “socialism” would curtain personal liberty. In response, Justice Khanna said, “Socialism can also mean that there should be equality of opportunity and wealth of country should be distributed equally…let’s not take the Western meaning.” Ashwini Upadhyaya asserted that India has been secular since time immemorial. Dr.Swamy submitted that the Preamble was a declaration on November 26, 1949, and therefore, to add further words to it through a subsequent amendment was arbitrary. Swamy said that it was wrong to depict that as per the present Preamble, the Indian people agreed on November 26, 1949, to make India a socialist and secular republic. In response, Justice Khanna said that the words added by the amendment were separately marked by brackets and hence it was clear to everyone that they were added by the 1976 amendment. Justice Khanna pointed out that words like “unity and integrity of the nation” were also added by the amendment. Upadhyay then said, “that if such an amendment is approved, it can mean that in future, the Preamble can be amended to remove words like democracy.” The court then posted the matter for the week commencing from November 18, for further hearing.