In a significant legal development, the Supreme Court of India is scheduled to hear a plea by Dr. Subramanian Swamy, a former Rajya Sabha MP, in April 2024.
The petition seeks the removal of the words "socialist" and "secular" from the Preamble of the Indian Constitution. These terms were introduced through the 42nd Amendment in 1976, during the tenure of Prime Minister Indira Gandhi.
Dr. Swamy's petition, which was initially set for consideration on September 23, 2022, challenges the validity of this amendment.
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The argument posited by the petitioners is that the insertion of these words exceeds the amending power granted to Parliament under Article 368 of the Constitution.
This upcoming hearing will address a pivotal issue concerning the interpretation of the Constitution and the extent of Parliament's amending powers. It will also delve into the philosophical underpinnings of India's democracy, examining whether the terms "socialist" and "secular" are intrinsic to the nation's identity or if they represent an overreach of legislative authority.
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