Petition filed in SC seeking removal of 'socialism' and 'secularism' from the preamble.

By The Colourboard Desk

A petition has been filed in the Supreme Court for removal of the words Socialism and Secularism, claiming the concepts that have enshrined in the preamble which states the nature of the republic, should be limited to the sovereign powers and functions of government and is not applicable to common citizens, political parties, and social organisations.

The petition has been filed by three persons through counsel i.e Advocate Vishnu Shankar Jain, Balaram Singh and Karunesh Kumar Shukla. In the petition they said that these terms were not in the original constitution and were added on 3rd January 1977 through the 42nd amendment.

The country was under emergency when these words were added in the preamble. It is said that the member of the constituent assembly Katie Shah proposed to add the word 'secular' in the constitution for three times but it was rejected by the constituent.

It is said that socialism and secular principles are only confined to the functioning of government. The petition states that articles 14,15 and 27 speak of secular government But article 25 gives citizens the right to religious freedom. It has been said that people are not secular, government is secular.

It should not be applied to political parties and general public. Political parties have to declare at the time of registration that they will follow the secular principle. It is said that Section 123 of the Representation of People Act, votes will not be sought on the basis of religion, but organisations can be formed on the basis of religion.

The petition referred to Justice D Y Chandrachud’s minority judgment, stating that the constitution is aware that discrimination and injustice based on caste, religion, language, etc. has happened in the past. To raise its voice, organizations can be formed and people can be organized on this basis in electoral politics.

The petition demanded the court to declare that the government does not have the right to compel people to follow socialism and secular principles.

Whereas it is seen that the BJP Politics has always been around dropping down the word secularism. In 2015, Rajnath Singh debated over the "actual" meaning of the word secularism stating that it has been always misinterpreted by the opposition (Congress) for political reasons.

"The word secularism has nothing to do with religions but sects and that Congress has been playing psuedo-secular politics", said Rajnath Singh in his Parliamentary speech during a two day celebration of the constitution day in 2015.


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