The Supreme Court of India has agreed to examine whether the words “socialist” and “secular” can be removed from the Preamble of the Indian Constitution. This decision came following petitions questioning the legality of the insertion of these words in 1976.
Background
The Preamble of the Indian Constitution serves as an introductory statement, outlining the guiding principles and purpose of the Constitution. Originally adopted on November 26, 1949, it came into effect on January 26, 1950.
The 1976 Amendment
In 1976, the 42nd Constitution Amendment introduced the words “socialist” and “secular” into the Preamble, altering its original form. This amendment was passed during the tenure of Prime Minister Indira Gandhi.
Petitions Challenging the Amendment
Several petitions, including one jointly filed by Balram Singh, Karunesh Kumar Shukla, and Pravesh Kumar, contested the insertion of these words. They argued that the amendment contradicted the constitutional principles of freedom of religion and expression.
Arguments Against the Amendment
The petitioners argued that the insertion of “socialist” and “secular” was against the original intent of the Constitution makers, who deliberately omitted these concepts from the Preamble during the drafting process.
Parliamentary Proceedings
The Constituent Assembly rejected proposals to include the words “secular” and “socialist” during its deliberations in 1948. Despite this, Parliament introduced these words through the 1976 amendment.
Legal Contentions
The petitions raised questions about the authority of Parliament to amend the Preamble, considering its significance as an essential feature of the Constitution. Dr. Subramanian Swamy, in his separate petition, emphasized the importance of the Preamble and its alignment with fundamental constitutional principles.
Court Proceedings and Next Steps
The Supreme Court bench, comprising justices Sanjiv Khanna and Dipankar Datta, has agreed to examine the matter further. They clarified that the issue is not about the possibility of amending the Preamble but whether such amendments are permissible given the historical context and significance of the original text.
Multiple-Choice Questions (MCQs):
- When were the words “socialist” and “secular” inserted into the Preamble of the Indian Constitution?
- A) 1950
- B) 1965
- C) 1976
- D) 1982
- Answer: C) 1976
- Which Constitution Amendment introduced the words “socialist” and “secular” into the Preamble?
- A) 40th Amendment
- B) 42nd Amendment
- C) 44th Amendment
- D) 46th Amendment
- Answer: B) 42nd Amendment
- What is the significance of the Preamble in the Indian Constitution?
- A) It outlines the powers of the President.
- B) It declares the rights of the citizens.
- C) It establishes the principles and purpose of the Constitution.
- D) It describes the structure of the Parliament.
- Answer: C) It establishes the principles and purpose of the Constitution.
- Which of the following statements accurately reflects the position of the original Constitution makers regarding the inclusion of “secular” and “socialist” in the Preamble?
- A) They strongly advocated for their inclusion.
- B) They deliberately omitted these concepts during the drafting process.
- C) They initially included them but later removed them.
- D) They left the decision to future parliaments.
- Answer: B) They deliberately omitted these concepts during the drafting process.
- Who filed a petition challenging the insertion of “socialist” and “secular” in the Preamble in 2020?
- A) Balram Singh, Karunesh Kumar Shukla, and Pravesh Kumar
- B) Dr. Subramanian Swamy
- C) Vishnu Shankar Jain
- D) Indira Gandhi
- Answer: A) Balram Singh, Karunesh Kumar Shukla, and Pravesh Kumar