A petition has been filed in the Supreme Court seeking to restore the preamble of the Indian Constitution in its original form
Bengaluru: A petition has been filed in the Supreme Court seeking to restore the preamble of the Indian Constitution in its original form.
As reported by a popular website, the PIL filed by advocates Balram Singh and Karunesh Kumar Shukla and an individual Pravesh Kumar said that the amendment made during the Emergency in 1976 was “antithetical to the constitutional tenets as well as the historical and cultural theme of India.” The move was “per se illegal for violating the concept of freedom of speech and expression enumerated in Article 19(1)(a) of the Constitution and the right to freedom of religion guaranteed under Article 25 of the Constitution”, it said.
The website also quoted advocate Vishnu Shankar Jain, who filed the petition, as saying that the concept of ‘socialism’ and ‘secularism’ are political thoughts and when seen in light of right to practice religion (Article 25) and right to free speech (Article 19(1)(a)), they are against the principles of democracy. The petitioner argues that the ones who had originally drafted the Constitution deliberately kept these concepts out of the Preamble.
Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.
Secular: The term means that all the religions in India get equal respect, protection and support from the state.
Both these words were added in the forty second amendment act during the Emergency imposed by former PM Indira Gandhi.
So it is clear that the framers of Indian Constitution did not want to include these words in the holy book.
Moreover, when the amendment was made, as the Emergency was in progress, fundamental rights were suspended and the members of the opposition were in jail.
In all, the Indian Constitution has received 104 amendments.
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Last Updated 30, Jul 2020, 4:35 PM