New Delhi, In a momentous legal development, the Supreme Court has delved into a crucial question surrounding the potential amendment of the Preamble of the Constitution. The query revolves around whether it can be altered without changing the original adoption date of November 26, 1949. This inquiry arose during the hearing of a plea initiated by former Rajya Sabha MP Subramanian Swamy and lawyer Vishnu Shankar Jain, who are fervently seeking the removal of the terms “Socialist” and “Secular” from the Preamble.
The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, raised the pertinent question, shedding light on the academic aspect of Preamble amendments and emphasizing the contemplation of altering it while retaining the historical adoption date. Justice Datta clarified, “Otherwise, yes, the Preamble can be amended. There is no problem with that.”
Responding to the inquiry, Swamy concurred, stating, “That’s precisely the question in the matter.” Acknowledging the intricacies involved, the bench scheduled further in-depth discussions on the matter during the week commencing April 29.
Swamy, in his petition, argued that the inclusion of “Socialist” and “Secular” through the 42nd Constitution Amendment Act of 1976 violated the basic structure doctrine. This doctrine, cemented in the Kesavananda Bharati judgment of 1973, expressly prohibits Parliament from amending the Constitution in a manner that interferes with its fundamental features.
Justice Datta, while pondering over the case, remarked on the uniqueness of the Preamble, stating, “This is perhaps the only Preamble I have seen which comes with a date. We give this Constitution to us on so and so date … originally these two words (Socialist and Secular) were not there.”
The contentious 42nd Amendment Act, passed during the Emergency (1975-77), has been at the center of this legal debate. Swamy contends that it was thrust upon citizens against the framers’ original intent. However, Rajya Sabha Member of Parliament and Communist Party of India leader Binoy Viswam opposed Swamy’s plea, asserting that ‘secularism and socialism’ are inherent and basic features of the Constitution.
The Supreme Court’s decision to scrutinize this plea is poised to set the stage for a profound legal discourse on the malleability of the Constitution’s Preamble while preserving its historical context.
With Agency Inputs
