CPI MP Rajya Sabha, Binoy Vishnam Files An IA Against Subramanian Swamy Plea Challenging Insertion Of Words “Socialist” and “Secular” In Preamble
(Judicial Quest News Network)
The Rajya Sabha Member and communist party of India (CPI), Leader Binoy Viswam has moved Supreme Court against the petition filed by former Union minister Subramanian Swamy for deleting the words “Socialist “ and “ Secular” from the preamble of the Indian Constitution.
Swamy in his petition had contended that Section 29-A provides for the registration of associations and bodies as political parties with the Election Commission. Sub-Section 5 requires an Application for registration of a political party to carry an undertaking that the applicant shall bear true faith and allegiance to the constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.
Vishwam’s Application filed through Advoate Sriram Parakat drawn by Advocate Mahesh Menon stated that Secularism and Socialism are inherent and basic features of the Constitutiton and that it is the intent of the plea filed by Swamy to have a free reign on Indian polity leaving behind secularism and socialism.
Swamy’s pleas in effect challenges the 42nd amendment to the constitution, which changed the description of India from a “Sovereign democratic republic” to “Sovereign, socialist, secular democratic republic”, the application states.
It is most respectfully submitted that the challenge here is surreptitiously coded as a challenge to the 42nd Amendment. However, the only intent of this petition is to enable a political party to seek votes in the name of religion.”
This prayer, Vishwam contends, it is to see to it that an appeal in the votes of religion would become legal.
Sub-section (3) of Section 123 of the Representation of the People Act, 1951 treats an appeal to the electorate to vote on the basis of religion, race, caste or community of the candidate or the use of religious symbols as a corrupt practice. Even a single instance of such a nature is enough to vitiate the election of the constitution.
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.
Broad socialist ideas were inherent in the constitution and political aspirant who tries to qualify himself for an electoral process vows in the name of socialism is not an aberration but a natural corollary of the promise of the constitution.
The necessity is of giving an undertaking such that of section 29 (A) would make it impossible for a political party to seek votes in the name of the religion without falling foul of the prohibited provision of section 123. Vishwam contends in his Application.
Subramanian’ Swami’s petition is likely to be listed before a bench led by the CJI on September 23 along with a connected petition.
(Judicial Quest News Network)
The Rajya Sabha Member and communist party of India (CPI), Leader Binoy Vishnam has moved Supreme Court against the petition filed by former Union minister Subramanian Swamy for deleting the words “Socialist “ and “ Secular” from the preamble of the Indian Constitution.
Swamy in his petition had contended that Section 29-A provides for the registration of associations and bodies as political parties with the Election Commission. Sub-Section 5 requires an Application for registration of a political party to carry an undertaking that the applicant shall bear true faith and allegiance to the constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.
Vishwam’s Application filed through Advoate Sriram Parakat drawn by Advocate Mahesh Menon stated that Secularism and Socialism are inherent and basic features of the Constitutiton and that it is the intent of the plea filed by Swamy to have a free reign on Indian polity leaving behind secularism and socialism.
Swamy’s pleas in effect challenges the 42nd amendment to the constitution, which changed the description of India from a “Sovereign democratic republic” to “Sovereign, socialist, secular democratic republic”, the application states.
It is most respectfully submitted that the challenge here is surreptitiously coded as a challenge to the 42nd Amendment. However, the only intent of this petition is to enable a political party to seek votes in the name of religion.”
This prayer, Vishwam contends, it is to see to it that an appeal in the votes of religion would become legal.
Sub-section (3) of Section 123 of the Representation of the People Act, 1951 treats an appeal to the electorate to vote on the basis of religion, race, caste or community of the candidate or the use of religious symbols as a corrupt practice. Even a single instance of such a nature is enough to vitiate the election of the constitution.
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.
Broad socialist ideas were inherent in the constitution and political aspirant who tries to qualify himself for an electoral process vows in the name of socialism is not an aberration but a natural corollary of the promise of the constitution.
The necessity is of giving an undertaking such that of section 29 (A) would make it impossible for a political party to seek votes in the name of the religion without falling foul of the prohibited provision of section 123. Vishwam contends in his Application.
Subramanian’ Swami’s petition is likely to be listed before a bench led by the CJI on September 23 along with a connected petition.
