The Supreme Court today issued notices to the Government over a challenge to provisions of the Representation of People Act whereby a political formation seeking registration as a political party under the Act had to necessarily swear allegiance to ’socialism’.
Incidentally the Petitioners (Good Governance India Foundation) had also sought to question the constitutionality of the 42nd Amendment to the Constitution to the extent of the insertion of the word ’socialist’ in the preamble to the Constitution. The Court though did not issue notice on this prayer.
The questions before the court among others are whether the said provisions are violative of Art. 19 (1) (a) [freedom of expression] and Art. 19 (1) (c) [freedom of association] of the Constitution depending on whether the compulsory allegiance to socialism is a reasonable restriction as provided for under the Constitution or not.
In the National Anthem Case the Court held in favour of two Jehova’s witness who refused to sing the national anthem. The basis of the decision was that public morality or national sovereignty is not threatened by the students not singing the national anthem. What the case also established is that the restrictions on fundamental rights on the grounds of ‘allegiance’ and the like will be frowned upon.
It remains to be seen as to how the Government will defend the said provisions without falling back on the word in the preamble which was also challenged.
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[...] the petition to restore the Preamble to the Constitution to its original state. While the bench did admit (via Lex) a petition to review the requirement that all parties swear by socialism in order to [...]