A plea has been filed before the apex court, Supreme Court challenging the inclusion of the words ‘ socialist’ and ‘secular’ in the preamble of Indian constitution. These words were included in the preamble of Indian constitution through 42nd constitutional amendment.
The PIL said that the amendment made in 1976 was antithetical to the constitutional tenets as well as the historical and cultural theme of India.
The petition states that insertion of the words “socialist” and “secular” in the Preamble is illegal for violating the concept of freedom of Speech and Expression and the Right to Freedom of Religion under Articles 19 (1) (a) and 2 respectively.
The plea filed through advocate Vishnu Shankar Jain contended that the concept of “Dharma” is different from the concept of religion and the Communist theory of state cannot be applied in the Indian context, which has been a total failure and is not in tune with the religious sentiments and socioeconomic conditions.
“How can the citizens of India be compelled to be secular when they have the fundamental right to Freedom of Religion under Article 25 of the Constitution of India to freely to profess, practice and propagate religion,” the plea said.
The petitioners also challenged the insertion of the words ‘Secular’ and ‘Socialist’ in the Representation of the People Act, 1951, making it compulsory for the political parties applying for registration before the Election Commission to make specific provision in its memorandum that the association will have true faith and allegiance to the Constitution and “to the principles of ‘Socialism’ and ‘Secularism’ and democracy and would uphold the sovereignty and integrity of India”.
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