NEWS: Plea in SC to remove ‘socialist’ and ‘secular’ from Constitution

By Legal Wires 3 Minutes Read

A plea has been filed before the Supreme Court seeking to remove the words ‘socialist’ and ‘secular’ from the preamble of the constitution of India, which were added through the 42nd constitutional amendment. The petition filed by the advocates Balram Singh and Karunesh Kumar Shukla and an individual Pravesh Kumar. PIL seeks that amendment made in 1976 was “antithetical to the constitutional tenets as well as the historical and cultural theme of India.”

It said that it was “per se illegal for violating the concept of freedom of speech and expression enumerated in Article 19(1) (a) of the Constitution and the right to freedom of religion guaranteed under Article 25 of the Constitution,”

It contended that the amendment applied communist theory of state in Indian context which was not in par with religious sentiments and socio-economic conditions of India and also was against the historical and cultural theme of the “great republic of Bharat, the oldest civilization of the world, having clear concept of ‘Dharma’ different from the concept of religion,”

The PIL sought a direction by the Union of India to declare the concept of ‘socialism’ and ‘secularism’ referred to the nature of the republic and making it limited to the sovereign functions of the state only and not applicable to the citizens, political parties and social organizations.

Furthermore, the petition filed has also challenged the insertion of the words ‘secular’ and ‘socialist’ in section 29 A (5) of the Representation of People (RP) Act that makes it compulsory for the political parties while applying for registration before Election Commission of India, “to make specific provision in its memorandum or rules and regulations that the association or body shall bear true faith and allegiance to the Constitution of India as by law established and to the principles of ‘Socialism’ and ‘Secularism’ and democracy and would uphold the sovereignty and integrity of India.”