SC: PIL against ‘socialism’ for party registration dismissed
While acknowledging the constitutional importance of a question related to “mandatory” provision in the Representation of People Act for political parties to swear by “socialism”, the Supreme Court on Monday dismissed a PIL on the issue promising to revisit it when the situation so arises.
A bench, headed by Chief Justice S.H. Kapadia, however, refused to intervene in the RPA provision at this stage as no political party so far has questioned this when they have to “swear by socialism” before the EC to get themselves registered for contesting elections.
“The question though is very important but we will take it up only when situation so arises,” the bench having Justices K.S. Radhakrishnan and Swatanter Kumar as the other two judges, besides the CJI, said. The important constitutional question on the insertion of the world “socialism” in Preamble of the Constitution by way of the 42nd amendment during the Emergency and its subsequent incorporation in the RPA in 1978 was challenged by NGO, Good Governance India Foundation.
Senior advocate Fali S. Nariman said the “insertion” of the world socialism in the Constitution was “basically wrong” as the Preamble had been formulated much before as guideline to the “Constituent Assembly” to lay down the new Constitution for the Indian Republic. “Then how can it be amended by the same Constitution for which it worked as a guideline,” Mr Nariman questioned.
Mr Nariman pointed out that the issue of “socialism” was discussed in great length by the Constituent Assembly and ultimately rejected by Dr B.R. Ambedkar, whose speech he quoted to drive home his point.
The noted lawyer said as per Dr Ambedkar, the Constitution was a “mechanism” for regulating the functions of the state and not for “propagating” a specific ideology.
He said Dr Ambedkar had made it clear that “if the ideology was imposed on the people, that will destroy the democracy altogether. Let it be the people’s decision whether they wanted socialism of capitalism.”
Solicitor-general Gopal Subramaniam, appearing for the Centre said the issue presently was only of an “academic interest” as no party had refused to swear by the socialism.
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