February 18, 2024
Supreme Court Adjourns Swamy's Plea on Preamble Amendments
Courts & Law

Supreme Court Adjourns Swamy’s Plea on Preamble Amendments

Supreme Court Adjourns Swamy’s Plea on Preamble Amendments

Supreme Court Adjourns Swamy’s Plea on Preamble Amendments

The Supreme Court has adjourned the petition filed by BJP leader Subramanian Swamy seeking the removal of the words ‘secular’ and ‘socialist’ from the Preamble of the Indian Constitution. Swamy argues that these words, inserted during the 42nd Constitution Amendment Act of 1976, violate the basic structure doctrine. The court has posted the matter for the week commencing April 29.

Violation of Basic Structure Doctrine

Swamy contends that the inclusion of ‘secular’ and ‘socialist’ during the Emergency violated the basic structure of the Constitution, as outlined in the Kesavananda Bharati judgment. He claims that the framers had initially rejected these words, and their forced inclusion contradicted the intended democratic governance.

Opposition by Binoy Viswam and CPI

Rajya Sabha Member Binoy Viswam, representing the Communist Party of India, opposes Swamy’s plea, asserting that secularism and socialism are inherent constitutional features. He argues that Swamy’s petition aims to undermine these principles and is an abuse of the legal process.

Alleged Political Motives and Call for Dismissal

Viswam suggests that Swamy’s petition seeks to allow political parties to use religion for electoral gains. He deems the plea an abuse of the legal process and devoid of merit, calling for its dismissal with exemplary costs. Viswam contends that Swamy challenges the 42nd Amendment to enable political parties to seek votes in the name of religion.

Another Plea in Court

In addition to Swamy’s petition, lawyers Balram Singh and Karunesh Kumar Shukla have also filed a plea in the Supreme Court, seeking the removal of ‘secularism and socialism’ from the Preamble. The court’s decision on these petitions will have implications for the interpretation of constitutional principles.

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