संजय पाटिल : नागपुर प्रेस मीडिया : 30 जुलाई 2020 : वृत्तसंस्था : संविधान की प्रस्तावना में 42वें संशोधन के ज़रिए जोड़े गए ‘धर्मनिरपेक्ष’ और ‘समाजवादी’ शब्द हटाने के लिए सुप्रीम कोर्ट में याचिका दायर की गई है. याचिका में कहा गया है कि सेक्युलरिज़्म-सोशलिज़्म राजनीतिक विचार हैं. इन्हें नागरिकों पर थोपा जा रहा है. ये याचिका वकील विष्णु शंकर जैन ने दायर की है.
The words ‘Socialist’ and ‘Secular’ have been added through the 42nd Constitutional amendment in the Preamble of the Constitution of India. Recently a petition has been filed in the Supreme Court to remove these words from the preamble. The PIL said that the amendment made in 1976 was “antithetical to the constitutional tenets as well as the historical and cultural theme of India.” It said the move taken by the parliament to add this words were illegal as it violates the right to freedom of speech and expression enshrined under Article 19(1)(a) of the Constitution and the Right to freedom of religion guaranteed under Article 25 of the Constitution and also states that such amendment is against the historical and cultural theme of the Great Republic of Bharat.
The Petition said, India having the concept of Dharma, different from the concept of religion and the communist theory of State cannot be applied in the Indian context which does not support the religious sentiments and socio-economic conditions of India.
The petition also challenged the insertion of the word ‘Socialist’ and ‘Secular’ in Section 29A(5) of the Representation of People Act, 1951. The Section makes Political parties binding who are applying for registration before Election
Commission of India to make specific provision in its memorandum or rules and regulations that the association or body shall bear true faith and allegiance to the Constitution of India as established by law and to the principles of ‘Socialism’ and ‘Secularism’ and democracy and would uphold the sovereignty and integrity of India.
The PIL referred to the case of Abhiram Vs. CD Commachen, in which petitioner has questioned whether the concepts of Secularism and Socialism are political thoughts and stated that the citizens of the country are not bound to accept a particular ideology and that the application of people’s ideology depends upon the will of the people and it is reflected through their votes from time to time.
In 2016, in a similar case, the Allahabad High Court validated the addition of words Socialist and Secular in the Preamble to the Constitution of India.
A plea has been filed before the Supreme Court seeking to remove from the constitution’s preamble the words ‘socialist’ and ‘secular’ which were added through 42nd constitutional amendment. The PIL said that the amendment made in 1976 was “antithetical to the constitutional tenets as well as the historical and cultural theme of India”.
The move was “per se illegal for violating the concept of freedom of speech and expression enumerated in Article 19(1)(a) of the Constitution and the right to freedom of religion guaranteed under Article 25 of the Constitution,” it said.
It said the amendment was also against the historical and cultural theme of the “great republic of Bharat, the oldest civilisation of the world, having clear concept of ‘Dharma’ different from the concept of religion,” and that the communist theory of State cannot be applied in Indian context which was not in tune with the religious sentiments and socio- economic conditions of India.
“Issue appropriate direction striking down the words ‘Socialist’ and ‘Secular’ inserted in the Preamble of the Constitution by section 2 (a) of the Forty Second Constitution Amendment Act, 1976,” the petition, filed by advocates Balram Singh and Karunesh Kumar Shukla and an individual Pravesh Kumar, said.
It sought a direction the Union of India to declare that the concept of ‘socialism’ and ‘secularism’ referred to the nature of the republic and was limited to the working of the sovereign function of the State and same is not applicable to the citizens, the political parties and the social organisations.
The petition filed through advocate Vishnu Shankar Jain, has also challenged the insertion of the words ‘secular’ and ‘socialist’ in section 29 A (5) of the Representation of People (RP) Act that makes it compulsory for the political parties, applying for registration before Election Commission of India,” to make specific provision in its memorandum or rules and regulations that the association or body shall bear true faith and allegiance to the Constitution of India as by law established and to the principles of ‘Socialism’ and ‘Secularism’ and democracy and would uphold the sovereignty and integrity of India.
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