“There is no Socialism without Democracy and no Democracy without Socialism”
- Rosa Luxemburg
Recently the ruling party I.e. Bharatiya Janata party Rajya Sabha member, an author and an assistant professor of the University of Delhi, Rakesh Sinha has issued a notice to the chairman to permit to move the resolution which aims to remove the word 'Socialist' from the Constitution of India.
What does Socialism mean in the Indian context?
In the Indian context the socialism tries to remove social barriers in the country. It gives much importance to freedom, justice, equality, classless society and mutual cooperation in the country.*1 Socialism firmly believes that each one should get according to his need and ability. During the British rule, the society divided into an upper class and lower class people so socialism tries to remove these barriers among the people and make to unite.*2
But the Rakesh Sinha claims that socialism in the current scenario is redundant, and also claimed that the word was included during emergency without enough debate in parliament.
Insertion of word-socialist in the constitution:
Through the 42nd amendment of 1976, the word Socialist was added in the preamble. This amendment was also called as 'Mini Constitution' because it attempted to reduce the powers of Supreme court and High court, laid down the fundamental duties and also inserted the words socialist and secular in the preamble.*3
During the drafting of the Indian Constitution, the K.T.Shah proposed to insert the terms Socialist, Federal, and Secular in the constitution but the framers thought that this would totally destroy the idea of democracy.
Whether Preamble can be amended?
In general article-368 of the Indian constitution states that ‘parliament may in the exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article’.*4
But in the case of Beruburi union case,*5 the supreme court ruled that the 'Preamble to the constitution, containing the declaration made by the people of India in the exercise of their sovereign will, no doubt it is “a key to open the mind of the makers” which may show the general purpose for which they made the several provisions in the constitution but nevertheless the preamble is not part of the constitution'.
Later in the case of Golaknath case*6 Justice Wanchoo.J. opined that 'on a parity of reasoning we are of the opinion that the preamble cannot prohibit or control in any way or impose any implied prohibitions or limitations on the bar to amend the constitution contained in Article-368’.
In the case of Minerva Mills,*7 the court held that ‘Parliament can not, under Article 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitution or to destroy its basic and essential features'.
Finally, in the Kesavananda Bharati case,*8 a 13-judge bench held that preamble is a part of the constitution, it is not a source of power nor a source of limitation or prohibition and it has a significant role in the interpretation of statutes and constitutional provisions.
Conclusion:
Since the constitution gave the power to parliament to amend the preamble, it clearly lays down a certain procedure to amend the same. Right now there is no need to remove the word ‘Socialist’ from the preamble because it doesn’t create any mess in the society moreover preamble is ours we made for ourselves and not for one's sake.
This Article is written by Kotta Nagga Anjaneya C. He is currently pursuing his B.A.LL.B at CHRIST(Deemed to be University) and he is in the second year.
REFERENCES:
1 Trivedi.A (1965). Democratic Socialism in India. The Indian journal of political science,26(4), 118-122. https://www.jstor.org/stable/41854096
2 Ghoshal.A.K.(1965). Democratic Socialism in India: Retrospect and Prospect, The Indian journal of political science,26(4), 124-130 https://www.jstor.org/stable/41854097
3 http://legislative.gov.in/constitution-forty-second-amendment-act-1976
4 P.M.Bakshi, The Constitution of India, universal law publication, 17th ed., LexisNexis.
5 In Re: The Beruberi union vs. Unknown, AIR 1960 SC 845
6 Golaknath & Ors. Vs. State of Punjab and Anrs. , 1967 AIR 1643
7 Minerva mills vs. Union of India, AIR 1980 SC 1789
8 Kesavananda Bharati vs. State of Kerala, AIR 1973 SC 1461
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