SC poser on 'socialism' in preamble

Court asks NGO to show that the word 'socialist' in the premable violates its rights

PTI | July 5, 2010



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.
 

Comments

 

Other News

Counting matters but which ones?

The first instinct of public policy is to count. Its harder task is to count what counts. We have become remarkably good at measuring the reach of the welfare state vis-à-vis beneficiaries covered, rupees transferred, houses built, connections installed and services delivered. But some of the most

Inching closer to a trade deal with America

The cooperation between India and the United States goes back quite a time. We need to relegate that era to the backburner when Pandit Jawaharlal Nehru visited US in the times of president Dwight Eisenhower and called the American let-off of 10 million dollars in defence aid to Pakistan as a “gun w

Manch vs Musk: Forty people and a foreign billionaire

About forty people walked the roundabout on Teen Murti Marg to the gate of Chanakyapuri police station, a distance you could cover in under a minute, on Friday to protest against Elon Musk’s Starlink. The walk was called by the Swadeshi Jagaran Manch. Nobody joined them on the way, and nobody seeme

Master sculptor recalls the making of the Shankaracharya statue

The Golden Chisel: The Story Behind the Making of Ram Lalla  By Seethalakshmi S. and Rahul Nandan Rupa Publications, 168 pages, Rs 395  

Mumbai’s missing affordable homes

Mumbai’s real estate market keeps growing, yet homeownership remains out of reach for much of its population. Three experts – urban researcher Hussain Indorewala, urban planner Vidyadhar Phatak and developer Kamlesh Thakur of NAREDCO Maharashtra, agree that simply constructing more apartments

Rubio denies US foreknowledge of Starlink restrictions in Ukraine

US secretary of state Marco Rubio has said he was unfamiliar with the Wall Street Journal report suggesting Elon Musk had decided to throttle Starlink services in Ukraine, but rejected claims that Washington had ordered the restrictions to pressure Kyiv.   “There was no

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter