The Supreme Court, which was to examine the issue of allegiance to the ideal of socialism as a pre-condition for political parties for getting registered with Election Commission, today put some searching questions to an NGO which has brought it up.

"You are not challenging the insertion of the word socialist in the preamble. Today, you are shifting the issue," a Bench headed by Chief Justice S H Kapadia said when the counsel, appearing for the NGO which filed a PIL, pressed that the question of law was involved in the matter.

The Bench, also comprising Justices K S Radhakrishnan and Swatanter Kumar, said the NGO has to file a separate petition or have to amend it and challenge the insertion of word "socialist" in the preamble.

The PIL by NGO Good Governance India Foundation, has questioned the 42nd Amendment to the Constitution of 1976 that introduced the words "socialist" and "secular" in the Preamble.

Advocate Gopal Shankaranaraynan, appearing for the NGO, said the PIL challenges both the validity of the 42nd amendment and Section 29A(5) of the Representation of Peoples Act 1951 relating to registration of political parties.

Section 29A(5) states that "the application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body and such memorandum or rules and regulations shall contain a specific provision 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, secularism and democracy..."

The apex court had on January 11 decided to examine the issue only within the ambit of election law without going into the realm of the Constitution.

The court, while entertaining the PIL, had made it clear that it will hear the matter in the context of the RPA and not examine the issue of validity of the 42nd amendment.

However, the Bench today said it cannot entertain the petition in the present form and asked the counsel to seek instruction from the NGO within two weeks.

"If the word socialist or socialism violates your right, you have a right to show it," the Bench said.