Last Updated on February 9, 2024 by News Desk
Issue:
The Supreme Court considered a public interest lawsuit that sought to have the terms “Socialist” and “Secular” removed from the Preamble of the Indian Constitution while deliberating whether the Preamble could have been changed while maintaining its original adoption date.
Facts of the Case:
Dr. Subramanian Swamy filed a public interest lawsuit contesting the legality of the 42nd Constitution Amendment Act of 1976’s addition of the terms “Socialist” and “Secular” to the Preamble. According to Dr. Swamy, the Parliament’s modifying authority under Article 368 was exceeded by these insertions. He argued that socialist or secular ideas of government were not intended by the original writers of the Constitution. Moreover, it was claimed that Dr. B.R. Ambedkar had been against this kind of inclusion, saying that individuals shouldn’t be forced to adopt particular political beliefs by the Constitution.
The Communist Party of India retaliated by saying that the Preamble did not change the essence of the Indian Constitution since secularism and socialism are ingrained in it.
Arguments Presented by Parties:
Dr. Swamy and other legal advisors contended that the original socialist or secular ideals intended by the Constitution’s architects should be reflected in the Preamble. They emphasized that the 42nd Amendment Act was approved when a state of emergency existed, which cast doubt on the insertion’s legality.
However, Binoy Viswam argued that the Preamble’s inclusion of secularism and socialism was in keeping with the spirit and purpose of the Indian Constitution, since they are essential components of it.
Judgment Delivered by Court:
Justice Dipankar Datta stated during the hearing that the Preamble may be changed, although he did not clarify under what conditions. To investigate the case further, the Court set April 29, 2024, for additional proceedings. The bench’s views point to a careful analysis of the relevant constitutional concepts, suggesting that the ultimate decision will probably have a significant impact on how the fundamental ideas of the Constitution are interpreted as well as the validity of the Preamble amendments.
Case Title : Dr. Subramanian Swamy and Anr. v. Union of India and Anr.
Written By: Nikita Shankar @nikitaashankar
