The Supreme Court has dismissed a set of petitions demanding the elimination of "secular", "socialist" and "integrity" from the Preamble of the Indian Constitution. The court stated that after 44 years of their introduction in 1976 by the Indira Gandhi government, there is no genuine reason for challenging the Constitutional amendment. The petitioners, including Subramanian Swamy, argued that these words violate the basic structure of the Constitution, but the apex court disagreed and emphasized that parliament holds the power to amend it. The court also pointed out the delay in filing the petition and clarified that parliament's power to amend the Constitution is not constrained by the date of its adoption.
The Preamble to the Indian Constitution: A Matter of Debate
The Preamble to the Indian Constitution, adopted on November 26, 1949, is a declaration of the ideals and aspirations of the Indian people. It sets out the fundamental principles of the Indian state, including its sovereignty, democracy, republic, secularism, socialism, and justice.
The 1976 Amendment
In 1976, during the Emergency period, the Indira Gandhi government amended the Constitution to include the words "secular" and "socialist" in the Preamble. The amendment also substituted the word "integrity" for "sovereignty" in the phrase "Sovereign Socialist Secular Democratic Republic of India."
The Recent Petition
In 2020, a group of petitioners, including BJP leader Subramanian Swamy, filed a petition in the Supreme Court demanding the deletion of the words "secular," "socialist," and "integrity" from the Preamble. They argued that these words violate the basic structure of the Constitution.
The Supreme Court's Decision
In August 2022, the Supreme Court dismissed the petitions, stating that after 44 years of their introduction, there was no genuine reason for challenging the constitutional amendment. The court noted that Parliament holds the power to amend the Constitution and emphasized that the amendment did not violate its basic structure.
Top 5 FAQs
1. What is the Preamble to the Indian Constitution?
The Preamble is a declaration of the ideals and aspirations of the Indian people and sets out the fundamental principles of the Indian state.
2. Why were the words "secular" and "socialist" added to the Preamble?
They were added in 1976 to reflect the government's commitment to socialism and secularism.
3. Why did the petitioners want to remove these words?
They argued that the words "secular" and "socialist" violate the basic structure of the Constitution and undermine the sovereignty of the Indian state.
4. What was the Supreme Court's reasoning for dismissing the petitions?
The court stated that after 44 years of their introduction, there was no genuine reason for challenging the amendment and that Parliament holds the power to amend the Constitution.
5. What are the implications of the Supreme Court's decision?
The decision upholds the validity of the 1976 amendment and confirms Parliament's power to amend the Constitution. It also suggests that the basic structure of the Constitution is not static and can evolve over time.
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