'Could Preamble Have Been Amended While Keeping The Date Intact?' Supreme Court Asks In Plea To Delete Words "Socialist" & "Secular"

In a public interest litigation 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 asked  if the Preamble could have been amended while keeping the date intact.

At request of the counsel appearing in connected matter, ie Balram Singh v. Union of India, the case was listed for the week commencing April 29, 2024 by the Bench of Justices Sanjiv Khanna and Dipankar Datta.

Notably, during the hearing, Datta J remarked, "It's not that Preamble cannot be amended". The judge asked the counsels to consider, from an academic point of view, if the Preamble could have been amended earlier (by the 42nd Amendment Act in 1976) to include the words Socialist and Secular while keeping the date of adoption (November 29, 1949) intact.

"That's precisely the point", said Dr. Swamy, alongwith other counsels.

Referring to the Preamble to Indian Constitution, Datta J further said, "this is perhaps the only Preamble I have seen which comes with a date...'we give this Constitution to us on so and so date'...originally these two words (Socialist and Secular) were not there"

One of the counsels joined in the discussion, saying "this Preamble is coming with a specific date, so therefore amending it without any discussion...". Dr Swamy added that the Amendment Act was passed during Emergency (1975-77).

Background

The present petition challenges the validity of insertion of words "socialist" and "secular" in the Preamble of Indian Constitution vide the 42nd Constitution Amendment of 1976 during the time of Prime Minister Indira Gandhi. It is argued that such insertion was beyond the amending power of the Parliament under Article 368.

The petitioners claim that the framers of the Constitution never intended to introduce socialist or secular concepts in democratic governance. It is further averred that Dr. BR 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.

Rajya Sabha MP Binoy Viswam of the Communist Party of India has filed an intervention in the matter, opposing the petition, by saying that Secularism and Socialism are inherent features of the Indian Constitution and hence the addition of these words in the Preamble did not alter the nature of the Constitution.

Case Title : Dr. Subramanian Swamy and Anr. v. Union of India and Anr., WP(C) 1467/2020 (and connected case)