Author: Malathi Nayak (malathi.n@livemint.com)
Publication: Hindustan Times
Dated: December 6, 2007
Introduction: On 51st death anniversary of Constitution's
author, an unusual quandary for Supreme Court
Thirty-one years after India rewrote its Constitution
to call itself a "sovereign, socialist, secular democratic republic",
this amendment has been challenged in the Supreme Court by a not for-profit
organisation that is questioning the validity of introducing the word 'socialist'.
The same group, the Good Governance India Foundation,
is also challenging an 18-year old amendment to an Act, which ensures that only
parties that declare themselves socialist can contest elections in India. The
legal challenge is yet to be admitted by the Supreme Court, which is expected
to take it up in January.
"Even during the Constituent Assembly Debates,
though some socialist members demanded inclusion of the word socialism, it was
not used in the preamble (to the Constitution). Nehru himself said that it would
not be right to impose one's political views on other citizens of India,"
said Sanjiv Kumar Agarwal, of the foundation. "Calling India a Socialist
Democratic state is an oxymoron. Besides this, a majority of Indians and political
factions do not subscribe to socialism."
The petition also states that Dr B.R. Ambedkar
(whose 51st death anniversary is on Thursday), the person who wrote much of
India's Constitution, specifically explained that socialism "cannot be
laid down in the Constitution itself ", because it amounts to "destroying
democracy altogether".
The amendment to the preamble was made through
the Constitution (42nd) Amendment Act (1976) during Indira Gandhi's tenure as
prime minister and against the backdrop of the Emergency that was declared between
June 1975 and March 1977. The Act also introduced the word 'secular' into the
preamble, but this is not being challenged by the foundation.
The foundation's petition contends that the
amendment that introduced 'socialist' violates Article 19(1)(a) of the Constitution
that guarantees the right to freedom of speech and expression and Article 19(1)(c)
that guarantees the right to form associations or unions. "In light of
rapid economic development, subscribing to socialism is an impediment,"
claims Agarwal.
Says sociologist Ashish Nandi: "We moved
away from socialism long ago."
