Can Preamble Be Amended Without Changing 1949 Date? SC On Former MP's Plea To Scrap 'Socialist', 'Secular'

The Supreme Court on Thursday heard a petition filed by former Union Minister Subramanian Swamy to delete words "socialist" and "secular" from Preamble to the Indian Constitution.

The academic question will be if amendment could be made without changing the date from November 26, 1949.

The Supreme Court on Thursday heard a petition filed by former Union Minister Subramanian Swamy to delete words "socialist" and "secular" from Preamble to the Indian Constitution.

A bench of Justice Sanjiv Khanna and Justice Dipankar Datta heard the petition and listed the matter for further hearing in April last week. 

While hearing the arguments, Justice Datta orally remarked that there was no issue in amending the Preamble, but asked the counsel to consider on an academic level if a preamble that has a date mentioned on it, can be changed without altering the date.

The last line in Preamble to Indian Constitution says, "In our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this constitution."

The academic question will be if amendment could be made without changing the date from November 26, 1949.

The former union minister Swamy who filed a PIL in the top court challenging the amendment said that it was amended during the draconian Emergency (1975-77).

The Indira Gandhi government amended the Preamble to add words "socialist" and "secular" through the 42nd Constitution Amendment of 1976. The said amendment was brought in during the state of emergency declared by the then PM Gandhi. 

The Supreme Court in its landmark judment in Kesavananda Bharti Case opined that the Preamble is an integral part of the Constitution and can be amended under Article 368 without changing the basic structure of the Indian Constitution.

The top court ruled that Preamble is not the supreme power or source of any prohibition but it plays an important role in the interpretation of statutes and provisions of the Indian Constitution.

In 1995, the Supreme Court again held that Preamble is the integral part of Constituion in 'Union Government Vs LIC of India' case.