• By Aditya Jha
  • Mon, 21 Oct 2024 04:28 PM (IST)
  • Source:JND

The Supreme Court on Monday said that "secular" and "socialist" are part of the core of the Constitution's basic structure, and the apex court has mentioned them in several cases. The court made these remarks while hearing a public interest litigation seeking removal of these terms from the preamble. The PIL claimed that these words were added in the preamble without any debate in Parliament. 

Arguing before the bench of Justice Sanjiv Khanna and Justice PV Sanjay Kumar, petitioner and advocate Vishnu Shankar Jain said the 42nd Amendment to the Constitution in 1976 was not debated in the parliament and hence must be removed. 

ALSO READ: PM Modi Degree Case: Setback For Arvind Kejriwal As SC Dismisses Plea Against Defamation Summons

However, Justice Khanna reminded Shankar Jain that the courts have declared these words as part of the basic structure of the constitution from time to time. "Please see Mr Jain; the words have varied interpretations. Both words have different interpretations today. Even our courts have declared them, time and again, as part of the basic structure (of the Constitution)," he said.

"Socialism can also mean there has to be fair opportunity for all, the concept of equality. Let's not take it in the Western concept. It can have some different meaning as well. Same with the word secularism," he added. Further, Justice Khanna asked, "You don't want India to be secular?"

ALSO READ: Karnataka Board Exams: Supreme Court Restrains Karnataka From Announcing Class 8 To 10 Half-Yearly Exam Results

The court, however, agreed to examine the argument of one of the petitioners, BJP leader Subramanian Swamy, that the two words cannot bear the date of the original preamble framed in 1949. The bench did not issue formal notice to the central government and posted the case for further hearing in November.

On socialism, advocate Jain referred to a speech by Dr BR Ambedkar on the aspect of 'socialism' during the Constituent Assembly Debates. He reminded the court that Ambedkar had condemned the aspect of the introduction of the word socialism. To which the bench asked, "Has liberty been curtailed? Tell me."