Supreme Court Delays Hearing on Plea to Remove “Socialist” and “Secular” from Constitution Preamble

New Delhi, August 13, 2024: The Supreme Court has postponed the hearing on a petition filed by former Rajya Sabha MP Dr. Subramanian Swamy and advocate Ashwani Upadhyay, who are seeking the removal of the words “Socialist” and “Secular” from the Preamble of the Indian Constitution. The hearing was deferred due to Upadhyay’s need to attend to a medical emergency case.

Justice Sanjiv Khanna, heading the bench, noted that the matter has been pending for some time and suggested that with Dr. Swamy now present, arguments should commence. Upadhyay requested a shorter date for the hearing due to his urgent departure. Consequently, the court has re-listed the case for the week starting October 21.

In their petition, Upadhyay and Swamy argue that the insertion of “Socialist” and “Secular” into the Preamble in 1976 was unconstitutional. They contend that these terms were added during the Emergency period, asserting that the Constitution (Forty-fourth Amendment) Bill, 1976, which led to the Constitution (42nd Amendment) Act, 1976, was passed after the Lok Sabha’s normal term had expired. They argue this undermined the democratic process, as the Parliament was functioning under emergency provisions and did not reflect the will of the people.

The petition also claims that during the emergency, opposition members were detained, the press was censored, and democratic processes were suppressed, thus invalidating the amendments made to the Constitution during this period.