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The application has been filed in the plea that stated that the Constitution makers never intended to introduce Socialist and Secular concepts for the governance of a democratic government and wanted to ensure that the government will not show its inclination towards any religion and will treat the subjects equally without any bias.
Seeking the Supreme Court's indulgence in nipping in the bud the tendency to rewrite the constitutional ethos of this nation, Communist Party of India Member Binoy Viswam has filed an impleadment application in the plea challenging the constitutional validity of the words "Socialist" and "Secular" inserted under Section 2 of the 42nd Amendment Act, 1976 in the Preamble to the Constitution of India.
Last week, the Supreme Court heard a plea by Dr. Subramanian Swamy and Advocate Satya Sabharwal contending that the insertion was beyond the amending power of the Parliament under Article 368 of the Constitution, and against the Rights of Freedom of Religion.
A bench of Justice Indira Banerjee and Justice MM Sundresh was further told that the insertion was void ab initio and ultra-vires to Articles 13, 25, 26, 141 and 142 of the Constitution.
In his IA, the Rajya Sabha Member has told Top Court that secularism and socialism are inherent and basic features of the Constitution and the petitioner’s intent in the writ petition, is to have a free reign on Indian polity leaving behind secularism and socialism.
Viswam has thus requested the Court to see the present petition as an absolute abuse of the process of law, devoid of merit and dismiss it with exemplary costs.
Arguing that the 42nd amendment is challenged by the petitioner as an eyewash to succeed in striking down sub-section 5 of section 29 (A) of the Representation of People’s Act, 1951, the application submits,
"....the petition is filed with a zeal to appeal for votes in the name of the religion. The necessity is of giving an undertaking such that of section 29 (A) would make it impossible for a political party to seek votes in the name of the religion without falling foul of the prohibited provision of section 123. It is most respectfully submitted that the challenge here is surreptitiously coded as a challenge to the 42nd Amendment. However, the only intent of this petition is to enable a political party to seek votes in the name of religion."
The CPI member has further argued that the insertion of the words “secular” and “socialist” into the preamble is only an act of making explicit what was implicit and it cannot be argued that these violate the basic structure of the Constitution.
Case Title: Subramanian Swamy and Another vs. Union of India and Another
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