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Synopsis

A writ petition came up before a bench of Justice Indira Banerjee and Justice MM Sundresh, filed under Article 32 of the Constitution of India challenging the constitutional validity of the words "Socialist' and "Secular" inserted under Section 2 of the 42^nd Amendment Act, 1976 in the Preamble.

With Dr. Subramanian Swamy and Advocate Satya Sabharwal as the petitioners, in the petition it was contended that the insertion was beyond he amending power of the Parliament under Article 368 of the Constitution, and against the Rights of Freedom of Religion. It was further contended that it was even against the concept of Judicial Review, which is an integral part of the Basic Structure of the Constitution. The said insertion was alleged to be void ab initio and ultra-vires to Articles 13, 25, 26, 141 and 142 of the Constitution. The petition also challenged the validity of Section 29A (5) of the Representation of Peoples Act, 195.

In the petition it was further stated, "the Constitution makers never intended to introduce Socialist and Secular concept for the governance of a democratic government. It is submitted that the Constitution makers intended to ensure that the Government will not show its inclination towards any religion and will treat the subjects equally without any bias. Most of the modern Constitutions accept the principle that the government should keep itself aloof from religion and it shall not interfere in religious matters".

The matter, has however been listed before the bench of the Chief Justice of India on 23^rd September 2022, along with a similar matter filed in 2020.

CASE TITLE: Subramanian Swamy and Another vs. Union of India and Another