SC rejects pleas challenging words 'socialist', 'secular' in Preamble to Constitution
Published On : 2024-11-25T15:15:19+0530 [ IST ] |
Author : Mayur_Tembhare
Reading Time : 2 mins
Home
Import
None :
The Supreme Court on Monday dismissed a plea challenging the inclusion of the words "socialist", "secular" and "integrity" in the preamble of the Constitution
A bench of CJI Sanjiv Khanna and Justice Sanjay Kumar said the amendment power of the Parliament extends to the Preamble as well and the fact that the Constitution was adopted in 1949 does not make any difference.
The two expressions 'socialist' and 'secular' were made in 1976 through amendments and the fact that the Constitution was adopted in 1949 does not make any difference... the retrospectivity arguments if accepted will apply to all amendments
CJI Khanna also explained what "socialism" and "secularism" mean and said that "being socialist" in the Indian sense is understood only as a "welfare state."
The way we understand socialism in India is very different from other countries. In our context socialism primarily means a welfare state. That is all. It has never prevented the private sector which is thriving well.
The word socialism is used in a different context meaning that the state is a welfare state and must stand for the welfare of the people and provide equality of opportunities.
The words "socialist", "secular" and "integrity" were inserted under the 42nd constitutional amendment in 1976 by the Indira Gandhi government.
The amendment changed the description of India in the Preamble from a "sovereign democratic republic" to a "sovereign socialist secular democratic republic".
On February 9 the Supreme Court asked whether the Constitution could be amended while keeping the date of its adoption intact, November 26 1949.
In September 2022 the Supreme Court tagged Swamy's plea with other pending matters filed by one Balram Singh and others for hearing. They sought deletion of the words "socialist" and "secular"
Swamy argued that the Preamble not only indicated the essential features of the Constitution but also the fundamental conditions based on which it was adopted to create a unified integrated community.
Source : Reporters From Sunrise Chronicles
Tags : socialisttop court tagged swamy , Sanjiv Khanna , September , The , preamble42nd constitutional amendment moved , statecji sanjiv khanna , Indira Gandhi , Constitution , State , welfarecji also said ,
Summary :
The Supreme Court on Monday dismissed a plea challenging the inclusion of the words "socialist", "secular" and "integrity" in the preamble of the Constitution
A bench of CJI Sanjiv Khanna and
