Supreme Court Junks Pleas Against Insertion Of 'Socialist' And 'Secular' In Preamble
The court said that the date of the adoption would not curtail government's power under Article 368 to amend the Constitution which is not under challenge.
The Supreme Court on Monday dismissed pleas challenging insertion of terms 'Socialist' and 'Secular' in Preamble to Indian Constitution
A bench headed by CJI Sanjiv Khanna junked the pleas saying that the writ petitions do not need further deliberation and adjudication.
"Amending power of Parliament over Constitution extends to Preamble. We have explained that after so many years the process cannot be so nullfied," the top court said.
The court said that the date of the adoption would not curtail government's power under Article 368 to amend the Constitution which is not under challenge.
"It has almost been so many years, why rake up the issue now," CJI Khanna said after the pronouncement of the verdict.
The bench further said that it has explained what the term socialism and secularism mean, which will be available in a detailed order.
On the previous hearing, Advocate Vishnu Shankar Jain quoted the recent 9-judge bench's judgment on state's powers to take on any private resouce for welfare of community under Article 39(b) of the Constitution.
However, CJI Sanjiv Khanna had orally observed that socialism in India is very different from other countries.
"In our context, socialism primarily means a welfare state...It has never prevented the private sector which is thriving well. We have all benefited from it," Justice Khanna had said.
In another hearing, CJI Sanjiv Khanna had said that secularism is a "core feature" and part of the Basic Structure of the Constitution. The top court said that the definitions to these terms need not be looked at through a western lens.
The bench while hearing the arguments said that the term "socialism" should not necessarily be interpreted in western context and the term can also mean that there has to be an equal opportunity for all.
The bench was hearing the pleas that challenged the 42nd amendment to the Indian Constitution that was done by the Indira Gandhi government during Emergency.
The petitions were filed by senior BJP leader Dr. Subramanian Swamy, Balram Singh, and Advocate Ashwini Kumar Upadhyay.
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