A bench of Justices headed by Indira Banerjee and MM Sudresh listed Dr Swamy’s petition with a similar plea that will come up before the Chief Justice of India UU Lalit on September 23.
The second petitioner Advocate Satya Sabharwal challenges the validity of introduction of the aforementioned terms ‘Socialism’ and ‘Secularism’ in the Constitution through the 42nd Amendment in 1976 during the period of Prime Minister Indira Gandhi.
Meanwhile, the petitioners argue such introduction is beyond the amending power of the parliament under Article 368.
They further argued that the Constitution framers such as Dr BR Ambedkar never intended the insertion of socialist or secular concepts in democratic governance.
Moreover, it stated that Dr Ambedkar had rejected incorporation of these two terms as the Constitution cannot force upon the citizens’ certain political ideologies by taking away their right to choose.
It stated that the Parliament cannot alter the Preamble as it was declared as a part of the basic structure of the Constitution in the Kesavananda Bharati case.
Additionally, the petitioner sought to declare Section 29A(5) of the Representation of Peoples Act 1951 as ultra powers the Constitution.
According to Section 29A(5) of the Representation of Peoples Act 1951 requires a political party to bear allegiance to the principles of Socialism and Secularism for registration.
Earlier in the year 2020, another petition was filed in the apex court challenging the inclusion of ‘Socialism’ and ‘Secularism’ in the Preamble.