Thoughts on economics and liberty

Getting rid of socialism that’s found in India’s Preamble – further notes

I’ve been making notes on this topic for quite some time.

India’s 42nd amendment to the Constitution is ultra vires, illegal

Draft Writ Petition to the Supreme Court of India against compulsion for political parties to swear by the “principles of socialism”

Record of actions/ PILs against socialism in India’s preamble/ ROP Act

FURTHER NOTES

In the D.S. Nakara & Others vs Union Of India, 1982, the Supreme Court ruled that

the Preamble to the Constitution envisages the establishment of a socialist republic. The basic framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave.

This too, in case it was not noted earlier: Petition against term “socialist” in Constitution rejected

[a few weeks ago Sanjiv Agarwal explained what actually happened in 2010. Basically the court forced the withdrawal of the application on the ground that only a political party would need to make such a petition. I’m of the view at this stage that such a petition by any party will fail since the court tends to make such a general and wishy-washy interpretation of the word socialism. Best at this stage to keep educating the people, and one day, when the people are ready, the court will also be ready.]

ADDENDUM

On the inclusion of the term ‘socialist,’ Dr. B.R. Ambedkar said it is against the very grain of democracy to decide in the Constitution what kind of society the people of India should live in.

“It is perfectly possible today, for the majority people to hold that the socialist organisation of society is better than the capitalist organisation of society. But it would be perfectly possible for thinking people to devise some other form of social organisation which might be better than the socialist organisation of today or of tomorrow. I do not see therefore why the Constitution should tie down the people to live in a particular form and not leave it to the people themselves to decide it for themselves,” he had said. His words had influenced the final decision to omit the two words. [SOURCE]

 

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supreme court, socialism, preamble

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Sanjeev Sabhlok

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