'Can't Say Everything Parliament Did During Emergency Is Void': Supreme Court In Preamble Case
NDTV
The bench reserved its verdict on petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution.
The Supreme Court on Friday observed the 1976 amendment to the Constitution adding the terms "socialist", "secular" and "integrity" to the Preamble underwent judicial reviews and it cannot say whatever Parliament did during the emergency period was all nullity.
A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar reserved its verdict on a batch of pleas filed by former Rajya Sabha MP Subramanian Swamy, advocate Vishnu Shankar Jain and others, challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution.
The Chief Justice, however, said, "The subject amendment (42nd amendment) has been subjected to a lot of judicial reviews by this court. The Parliament has intervened. We cannot say that whatever Parliament did at that time (emergency) was all nullity." The words "socialist", "secular" and "integrity" were inserted into the Preamble to the Constitution under the 42nd constitutional amendment moved by the Indira Gandhi government in 1976.
