Monday, December 23rd, 2024

The Preamble of the Constitution can also be changed, what did the Supreme Court say about the rights of Parliament?

New Delhi: The Supreme Court on Monday rejected petitions challenging the 1976 amendment that added the words socialist and secular to the Preamble of the Constitution. During the hearing, the Supreme Court also said that the Parliament has the right to amend the Constitution and the power of the Parliament to amend the Constitution also applies to the Preamble. That is, the Supreme Court accepted that the Preamble of the Constitution can also be changed. This issue is being debated in the country for a long time. The Supreme Court has given a reply to many leaders who say that the basic spirit of the Constitution cannot be changed.

Parliament has the right to amend the Preamble

Even though the Supreme Court rejected the petitions challenging the words socialist and secular in the Preamble of the Constitution, after today’s hearing an old debate is definitely going to end. Whenever there is talk of amendment in the Preamble, many leaders and a section of the society say that the basic spirit of the Constitution cannot be changed. A long debate regarding this has been going on for years. The Supreme Court, during the hearing today, said that Parliament has the right to amend the Preamble of the Constitution, and the validity of the amendment can no longer be questioned.

Preamble is also part of the Constitution

The apex court said that the right given to the Parliament to amend the Constitution also applies to the Preamble. The Preamble is part of the Constitution and cannot be considered separate from it. The bench of Chief Justice of the Supreme Court said that what is the justification in raising this issue after so many years. The court said that the amendment process cannot be invalidated after so many years.

The court said that the date of adoption of the Constitution will not reduce the power of the government under Article 368 and moreover it is not being challenged. he/she said that Parliament’s power to amend also applies to the Preamble. The top court said, ‘So many years have passed, why is this issue being raised now?’

Judicial review has been done many times before

Earlier, the bench, while reserving its verdict, had said that the amendment in question (42nd Amendment) has been judicially reviewed by this court several times. Parliament has intervened. According to the Bench, it cannot be said that whatever the Parliament did at that time (during the Emergency) was meaningless.

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