- (1.) By way of this writ petition, filed as a Public Interest Litigation ('PIL'), the petitioners seek to challenge the constitutional validity of Sec. 2 (a) of the Constitution (Forty -second Amendment) Act, 1976 [hereinafter referred to as 'the Forty -second Amendment Act'] by which, the expressions 'socialist' and 'secular' were added to the Preamble of the Constitution of India.
(2.) This PIL is founded on the grounds that the Parliament has no legislative competence to amend the Preamble of the Constitution and to introduce or delete therefrom any word/expression in exercise of the powers conferred under Article 368 of the Constitution of India; that the Preamble does not come within the ambit of 'any provision' of the Constitution; and that the Preamble is a declaration of ideals which were conceived by the Constitution makers on the basis of which, the People of India adopted and gave to themselves the Constitution and the solemn declaration thus adopted on 29.11.1949 is not subject to any addition or alteration. The petitioners further submit that the addition of words 'socialist' and 'secular' is giving wrong impression and creating havoc in public life and in smooth functioning of the nation; and that 'socialist' and 'secular' concepts, which were not conceived while enacting the Preamble and adopting the Constitution, cannot be thrust upon the public.
(3.) Learned counsel for the petitioners has made elaborate submissions in support of this petition and has particularly referred to several passages in the views expressed in His Holiness Kesavananda Bharati Sripadagalvaru v/s. State of Kerala and another : 1973 (4) SCC 225 and in one of the views expressed in Minerva Mills Ltd. and others v/s. Union of India and others : 1980 (3) SCC 625 Learned counsel for the petitioners has also referred to the Constituent Assembly Debates dated 17.10.1949.;