The Supreme Court (SC) is hearing a petition filed by former MP Dr Subramanian Swamy, seeking the removal of the words “socialist” and “secular” from the preamble of the Indian Constitution.
Key Highlights
- The two terms “socialist” and “secular” were inserted into the preamble as part of the 42nd Amendment of the Constitution in 1976 during the Emergency.
- The petitioners in two similar cases have argued that these words were never intended to be in the Constitution and that such insertion is beyond the amending power of the Parliament under Article 368.
- In its judgment in the famous LIC case of 1995, the Supreme Court had said, ‘the Preamble of the Constitution—–is an integral part and scheme of the Constitution’.
- The court further said that the violation of any principle mentioned in the preamble cannot be a reason to go to court, meaning the preamble is “non-justiciable”.
- The 42nd Amendment to the Constitution, passed in 1976 when the Emergency was in place, replaced the words “sovereign democratic republic” with “sovereign socialist secular democratic republic”.
- It also changed “unity of the nation” to “unity and integrity of the nation”.
- Under Article 368(2), Parliament can amend the Constitution by passing a Bill in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
- After that, the Bill shall be presented to the President who shall give his assent… and thereupon the Constitution shall stand amended.
