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The words ‘Socialist’ and ‘Secular’ have been added through the 42nd Constitutional amendment in the Preamble of the Constitution of India. Recently a petition has been filed in the Supreme Court to remove these words from the preamble. 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.” It said the move taken by the parliament to add this words were illegal as it violates the right to freedom of speech and expression enshrined under Article 19(1)(a) of the Constitution and the Right to freedom of religion guaranteed under Article 25 of the Constitution and also states that such amendment is against the historical and cultural theme of the Great Republic of Bharat.
The Petition said, India having the concept of Dharma, different from the concept of religion and the communist theory of State cannot be applied in the Indian context which does not support the religious sentiments and socio-economic conditions of India.
The petition also challenged the insertion of the word ‘Socialist’ and ‘Secular’ in Section 29A(5) of the Representation of People Act, 1951. The Section makes Political parties binding who are applying for registration before Election
Commission of India to make specific provision in its memorandum or rules and regulations that the association or body shall bear true faith and allegiance to the Constitution of India as established by law and to the principles of ‘Socialism’ and ‘Secularism’ and democracy and would uphold the sovereignty and integrity of India.
The PIL referred to the case of Abhiram Vs. CD Commachen, in which petitioner has questioned whether the concepts of Secularism and Socialism are political thoughts and stated that the citizens of the country are not bound to accept a particular ideology and that the application of people’s ideology depends upon the will of the people and it is reflected through their votes from time to time.
In 2016, in a similar case, the Allahabad High Court validated the addition of words Socialist and Secular in the Preamble to the Constitution of India.
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