Sunday, June 4, 2023

Plea in SC seeking removal of words ‘Socialist’ and ‘Secular’ from Preamble

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A petition has been filed before the Supreme Court by lawyers Dr Balram Singh and Karunesh Kumar Shukla and social worker Pravesh Kumar asking for the removal of the words “Socialist” and “Secular” from the Preamble Constitution.

The applicants, who filed this petition through advocate Vishnu Shankar Jain, have claimed that these words came from the Communist philosophy of Karl Marx and were political in nature, not suited for a country where people have been given full rights to practice whatever religion they wish to.

The applicants say that no citizen can be “compelled” to be secular under the same Constitution, which guarantees the freedom to practice religion, as per Article 25.

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The changes were brought about in the 42nd Constitutional Amendment Act, 1976 through which the words “socialist” and “secular” were inserted into the Preamble of the Constitution.

The plea says this was “per se illegal for violating the concept of freedom of ‘Speech and Expression’ enumerated in Article 19(1)(a) of the Constitution of India and the right to ‘freedom of religion’ guaranteed under Article 25.”

– India Legal Bureau

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