The petitions demanding removal of the words socialist and secular from the preamble of the Constitution are being heard in the Supreme Court today. These petitions have been filed by Subramanian Swamy and advocate Ashwini Upadhyay. Advocate Ashwini sought adjournment from the court citing medical emergency, while Subramanian Swamy wants to appear in person and argue. On this, the court said that it is not right that we listen to one person and not the other. The court says that no adjournment will be given on the next date and the case will be heard.
What is that 42nd amendment of 1976 which demands change?
Between June 1975 and March 1977, the then Prime Minister Indira Gandhi amended the Constitution several times. But the biggest amendment was made in December 1976. Indira government made the 42nd amendment to the Constitution. This is considered the most controversial amendment till date. Many changes were made in the Constitution through this amendment, so it is also called ‘Mini Constitution’.
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Through the 42nd Amendment, three words – ‘Socialist’, ‘Secular’ and ‘Integrity’ were added to the Preamble of the Constitution. This was the first and last time when the Preamble of the Constitution was changed. The reason given behind adding these words was that it is necessary to develop the country religiously, socially and economically.
The most important thing in the 42nd amendment of 1976 was that the decision of the Parliament could not be challenged in the court on any basis. Also, the membership of MPs and MLAs could not be challenged in the court. The tenure of the Parliament was also increased from five years to six years.
One of the provisions of the 42nd Amendment was to give priority to the Directive Principles of State Policy over the Fundamental Rights. Due to this, any person could be deprived of his fundamental rights. Not only this, the Central Government also got the power to send military or police force to any state to maintain law and order.
After the Janata Party government came to power at the Centre in 1977, many provisions of the 42nd Amendment were repealed through the 44th Constitutional Amendment. However, no changes were made to the Preamble of the Constitution.
Source (PTI) (NDTV) (HINDUSTANTIMES)