Supreme Court Reviews ‘Secular’ and ‘Socialist’ in Indian Constitution
The Supreme Court of India is currently examining petitions that seek to remove the words ‘secular’ and ‘socialist’ from the Preamble of the Indian Constitution. This review is being conducted by a bench comprising Justices Sanjiv Khanna and Sanjay Kumar. The justices remarked that these terms should not be interpreted solely through a Western perspective, suggesting that ‘socialism’ could imply equal opportunity and fair distribution of wealth, while ‘secularism’ might have varied meanings.
BJP leader Subramanian Swamy, one of the petitioners, argues that these words, added in 1976, do not align with the original Preamble framed in 1949. Swamy contends that their inclusion during the Emergency through the 42nd Constitution Amendment Act violates the basic structure doctrine established in the 1973 Kesavananda Bharati judgment, which limits Parliament’s power to alter the Constitution’s fundamental features.
Swamy further claims that the framers of the Constitution intentionally excluded these terms, and their addition imposes political ideologies on citizens, infringing on their right to choose. The Supreme Court has scheduled the next hearing for the third week of November.
Opposing Swamy’s petition, Binoy Viswam, a Rajya Sabha MP and leader of the Communist Party of India, argues that ‘secularism’ and ‘socialism’ are intrinsic and essential elements of the Constitution.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and the Constitution.
Secular -: Secular means that the government treats all religions equally and does not favor any one religion.
Socialist -: Socialist refers to a system where the government tries to reduce inequality by providing basic needs like education and healthcare to everyone.
Constitution’s Preamble -: The Preamble is the introduction to the Indian Constitution. It explains the main ideas and values of the country.
BJP -: BJP stands for Bharatiya Janata Party, which is one of the major political parties in India.
Subramanian Swamy -: Subramanian Swamy is a politician and member of the BJP. He often speaks on legal and economic issues.
1976 -: In 1976, during the Emergency period in India, the words ‘secular’ and ‘socialist’ were added to the Preamble of the Constitution.
CPI -: CPI stands for Communist Party of India, which is a political party that supports socialist and communist ideas.
Binoy Viswam -: Binoy Viswam is a leader of the CPI and a politician who supports keeping ‘secular’ and ‘socialist’ in the Constitution.