Home » SC to hear the peal by Dr. Subramanian Swamy to remove ‘Secular’ and ‘Socialist’

SC to hear the peal by Dr. Subramanian Swamy to remove ‘Secular’ and ‘Socialist’

Dr. Subramanian Swamy Appeals to Supreme Court for Deletion of 'Secular' and 'Socialist' from Indian Constitution Preamble

by DP News Team
Dr. Subramanian Swamy

In a significant development, former Member of Parliament, Dr. Subramanian Swamy, has filed a plea before the Hon’ble Supreme Court seeking the removal of the terms ‘secular’ and ‘socialist’ from the Preamble of the Constitution of India.[1] Dr. Swamy contends that these words were added during the Emergency period imposed by then-Prime Minister Indira Gandhi between June 25, 1975, and January 1977, using the powers granted under Article 352 of the Constitution.

The plea has stirred controversy and raised questions about the fundamental principles guiding the Indian state. The bench, comprising Justice Sanjiv Khanna and Justice Dipankar Datta, expressed surprise at the nature of the appeal during the initial hearing.

Dr. Swamy argued that the addition of ‘secular’ and ‘socialist’ during the Emergency was a violation of Article 368 of the Indian Constitution, which outlines the procedure for constitutional amendments. He asserted that the amendment was made hastily and without due process.[2]

However, the bench acknowledged the historical context of the amendment, recognizing that it was implemented during a period of political upheaval and emergency. The judges noted the difficulty in altering the Preamble, considering its previous amendment during a time of crisis.

Before the amendment in 1976, the Preamble to the Constitution of India read: “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC…” The terms ‘secular‘ and ‘socialist‘ were inserted after the word ‘republic.’[3]

Dr. Swamy’s plea has sparked a broader debate on the role of the state in religious and socio-economic matters. Supporters argue that the Preamble should reflect the original intent of the framers of the Constitution, while opponents stress the importance of the values of secularism and socialism in modern India.

The Supreme Court bench has scheduled the next hearing for April 29, 2024, providing ample time for legal arguments and further examination of the constitutional aspects involved. This case is expected to draw widespread attention and engage legal experts and scholars in discussions about the core principles enshrined in the Indian Constitution.

Reference:

  1. SC to hear Subramanian Swamy’s plea in April to delete ‘secular’ & ‘socialist’ from the preamble”. The Economic Times. 9 February 2024. Retrieved 15 February 2024.
  2. “SC to hear Subramanian Swamy’s plea in April to delete ‘secular’ & ‘socialist’ from the preamble”. The Economic Times. 9 February 2024. Retrieved 15 February 2024.
  3. The history and debates about ‘socialist’ and ‘secular’ in the preamble of the Constitution“. The Indian Express. 4 September 2022. Retrieved 15 February 2024.

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