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Upendra Bharti | HENB | New Delhi | Feb 10, 2024:: The mischievous and inappropriate inclusion of the words ‘Secular’ and ‘Socialist’ in the Indian Constitution in the period of black days of Emergency by then Prime Minister Indira Gandhi, have by challenged by BJP leader Dr Subramanian Swamy in the Supreme Court of India.
Now, upon the plea of Dr Swamy, the Supreme Court will be hearing the same seeking to delete “secular” and “socialist” words from the Preamble of the Constitution. The bench of Justice Sanjiv Khanna and Dipankar Dutta posted the matter for hearing on the plea in the week commencing from April 29.
Swamy in his petition has asserted that the two words violate the basic structure doctrine enunciated in the famous Kesavananda Bharati judgment as the words were inserted in the Preamble through the 42nd Constitution Amendment Act of 1976 during the Emergency.
“The framers of the Constitution had specifically rejected the inclusion of these two words in the Constitution and alleged that these two words were thrust upon the citizens even when the framers never had intended to introduce socialist and secular concepts in democratic governance,” Swamy has contended.
The ‘Struggle for Hindu Existence’ website has been propagating this matter to remove of the words ‘Secular’ and ‘Socialist’ from the constitution for last 10 years as the move of Indira Gandhi was engrossed with an utter political motivation to ensure Islamist communalism and promote Muslim appeasement through ‘Secular’ provision along with the promotion of Communism in India through the tool of ‘Socialist’. Hindu Existence put forth 10 Questions to ponder over ‘Secular’ and ‘Socialist’ debate in February 2015.
Through his important article “Hindu Elements in Indian Constitution” (dt. 26.01.2014), the editor of Hindu Existence, Upananda Brahmachari explored how the then Congressi PM Indira Gandhi wanted to destroy the Hinduness of Indian Constitution with the tool of Secularism and Socialist vamp.
In the present PIL of Dr Swamy, it is argued that such insertion was beyond the amending power of the Parliament under Article 368.
In the plea, it has been highlighted that Dr BR Ambedkar had rejected the incorporation of these words as the Constitution cannot thrust upon the citizens certain political ideologies by taking away their right to choose.
But, the vultures of the communal appeasement and stooges of China are found high in a reaction against Dr Swamy.
Accordingly, Rajya Sabha Member of Parliament and the Communist Party of India leader Binoy Viswam had also approached the Supreme Court opposing Swamy’s plea saying that “secularism and socialism” are inherent and basic features of the Constitution.
In this context, Struggle for Hindu Existence Forum once gain place these five imporant questions to all concerned once again.
.1. The words “Secular” and “Socialist” was introduced into the preamble of the constitution of India in 1976 during emergency period. Is the parliament allowed to change the basic nature of the constitution when an emergency period is in effect?
2. Is it not dictatorship to change the basic nature of the constitution when emergency is effective in the nation ?
3. Was there any discussion on this topic in the parliament in 1976?. Was the public kept aware of the meaning of these changes ?
4. The constitution came into effect in 1950. From the period 1950 to 1976, what was India as per the constitution ? Was it not secular or socialistic ?
5. Why these words were not originally included in the constitution when it was drafted? Jawahar Nehru was member of the committee?. Why he decided to drop these two words at that point of time ?
…
__Inputs from ANI.
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