In a plea filed by former Rajya Sabha MP Dr. Subramanian Swamy seeking to delete the words “Socialist” & “Secular” from the Preamble to the Constitution of India, the Supreme Court Today (09 Feb 2024) asked if the Preamble could have been amended while keeping the date intact.
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NEW DELHI: The Supreme Court of India is currently examining a plea that challenges the inclusion of the words “Socialist” and “Secular” in the Preamble to the Constitution. This plea, initiated by former Rajya Sabha MP Dr. Subramanian Swamy, raises profound questions about the constitutional amendment process and the ideological underpinnings of the Indian state.
The case, which has been scheduled for a detailed hearing in the week commencing April 29, 2024, by a bench comprising Justices Sanjiv Khanna and Dipankar Datta, delves into the academic and legal nuances of amending the Preamble while maintaining its original date of adoption, November 29, 1949. During the proceedings, Justice Datta highlighted a unique aspect of the Indian Constitution’s Preamble, noting,
“It’s not that Preamble cannot be amended.”
He further prompted the counsels to ponder whether the Preamble could have been amended by the 42nd Amendment Act in 1976 to include “Socialist” and “Secular” without altering its historical date.
Dr. Swamy, along with other counsels, affirmed this point of contention, emphasizing the original absence of these terms in the Preamble. The discussion also touched upon the peculiar characteristic of the Preamble coming with a specific date, which raises questions about the implications of amending it without broad discussion, especially considering that the 42nd Amendment was passed during the Emergency period (1975-77).
The petition challenges the validity of inserting “Socialist” and “Secular” into the Preamble through the 42nd Constitution Amendment, arguing that such an insertion exceeded the Parliament’s amending power under Article 368.
It contends that the framers of the Constitution did not intend to embed socialist or secular ideologies within the democratic governance framework. Moreover, it is argued that Dr. B.R. Ambedkar, a key architect of the Constitution, had opposed the incorporation of these words, advocating for citizens’ freedom to choose their political ideologies without constitutional imposition.
In opposition to Dr. Swamy’s petition, Rajya Sabha MP Binoy Viswam of the Communist Party of India has filed an intervention, asserting that Secularism and Socialism are inherent features of the Indian Constitution. According to Viswam, the addition of these words in the Preamble did not alter the Constitution’s fundamental nature but rather made explicit the implicit principles guiding the Indian Republic.
This legal debate transcends mere academic discussion, touching upon the core values and principles that define the Indian state. The Supreme Court’s deliberation on whether the Preamble’s amendment, while retaining its original date, was constitutionally valid opens a Pandora’s box of legal, historical, and ideological inquiries.
As the nation awaits the court’s decision, this case promises to be a landmark in India’s constitutional jurisprudence, potentially redefining the interpretative contours of the Constitution’s Preamble and its guiding principles.
Case Title :
Dr. Subramanian Swamy and Anr. v. Union of India and Anr.
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