Subramanian Swamy's Plea To Delete "Socialism" & "Secularism" From Preamble To Constitution : Supreme Court To Hear On Sep 23

A writ petition filed 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 Supreme Court today.

A bench comprising Justices Indira Banerjee and MM Sundresh posted Dr.Swamy's petition along with a similar petition(WP(c) 645/2020) which is listed before the bench of the Chief Justice of India on September 23.

Advocate Satya Sabharwal is the second petitioner in the case. The petition 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 is argued that such insertion is beyond the amending power of the Parliament under Article 368. The petitioners argue that the Constitution framers never intended to introduce socialist or secular concepts in democratic governance. It is 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 their right to choose. 

It is stated that the Preamble has been declared as a part of the basic structure of the Constitution in the Kesavananda Bharati case and hence, the Parliament cannot alter it.

The petitioners also seek 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.

In July 2020, another petition was filed in the Court challenging the inclusion of "socialism" and "secularism" in the Preamble(Balram Singh versus Union of India, WP(c) 645/2020).

Case Title : Dr.Subramanian Swamy and another versus Union of India WP(c) 1467/2020

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