Supreme Court Adjourns PIL to Delete "Socialist" and "Secular" from Preamble.

 

The Supreme Court of India, on July 10, 2024, adjourned a Public Interest Litigation (PIL) filed by former Rajya Sabha MP Dr. Subramanian Swamy. The PIL seeks to delete the words "Socialist" and "Secular" from the Preamble of the Indian Constitution. The court has rescheduled the hearing for the week commencing August 12, 2024.

Remarks by Justice Sanjiv Khanna

During the proceedings, Justice Sanjiv Khanna remarked on the significance of “Secular” in the Indian Constitution. He highlighted numerous judgments by the Supreme Court affirming that "Secular" constitutes a basic structure of the Constitution. Regarding the term "Socialist," Justice Khanna noted that the Indian interpretation deviates from the traditional dictionary definition, suggesting a unique contextual definition applied by the Indian judiciary and lawmakers.

Background of the Case

The PIL challenges the constitutionality of the insertion of the words "Socialist" and "Secular" into the Preamble via the 42nd Constitution Amendment Act of 1976, which was enacted during the tenure of Prime Minister Indira Gandhi. The petitioners argue that such an amendment was beyond the Parliament's amending powers under Article 368 of the Indian Constitution. They contend that the original framers of the Constitution did not intend these concepts to be part of India's democratic governance framework. The petitioners also reference Dr. B.R. Ambedkar’s stance, claiming that he had opposed the inclusion of these terms, arguing that the Constitution should not impose specific political ideologies on citizens, thus preserving their right to choose.

Opposition to the Petition

Rajya Sabha MP Binoy Viswam of the Communist Party of India has intervened, opposing the petition. He asserts that secularism and socialism are inherent features of the Indian Constitution, and their inclusion in the Preamble through the 42nd Amendment did not alter the Constitution's fundamental nature.

Academic Considerations

Previously, the Supreme Court had asked the counsels to examine, from an academic perspective, whether the Preamble could have been amended to include the words "Socialist" and "Secular" while keeping the original adoption date of November 29, 1949, intact. This academic inquiry forms part of the broader legal debate on the extent of the Parliament's power to amend the Constitution.

Case Details

The case, titled Dr. Subramanian Swamy and Anr. v. Union of India and Anr., WP(C) 1467/2020, along with connected cases, continues to garner significant attention due to its implications on the interpretation and evolution of the Indian Constitution. The upcoming hearing in August is expected to further explore these critical constitutional questions.

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