A Writ petition filled in the case Dr.Subramanian Swamy and another versus Union of India by Rajya Sabha MP Dr.Subramanian Swamy seeking to delete the words “Socialism” and “Secularism” from the Preamble to the Constitution came up for consideration in the Top Court.
The bench comprising of Justice Indira Banerjee and the Justice MM Sundresh observed and has posted Dr.Swamy’s petition along with a similar petition which is listed before the bench of the Chief Justice of India on September 23, 2022.
In the present case, Advocate Satya Sabharwal is the second petitioner. Further, the plea challenges the validity of insertion of words “socialism” and “secularism” in the Preamble through the 42nd Constitution Amendment in 1976 during the time of Prime Minister Indira Gandhi. It was argued that such insertion is beyond the amending power of the Parliament under Article 368. Thus, the petitioner argued that the Constitution framers never intended to introduce socialist or secular concepts in democratic governance. It was stated that Dr. B R Ambedkar had rejected the incorporation of these words as the Constitution cannot thrust upon the citizens certain political ideologies by taking away the citizens right to choose.
Further, it is stated that Preamble has been declared as a part of the basic structure of the Constitution in the Kesavananda Bharati case and hence, it cannot be altered by the Parliament.
In the Plea, the petitioner also seeks a declaration that Section 29A (5) of the Representation of Peoples Act 1951, which requires a political party to bear allegiance to the principles of Socialism and Secularism for registration, as ultra vires the Constitution of India.
Another petition was filed in July 2020 in the Court challenging the inclusion of “socialism” and “secularism” in the Preamble.