CPI leader Binoy Viswam moves Supreme Court opposing Subramanian Swamy plea to delete "socialist" and "secular" from Preamble

Communist Party of India (CPI) leader and Rajya Sabha member Binoy Viswam has moved the Supreme Court opposing the petition filed by former Union Minister Subramanian Swamy to delete the words "socialist" and "secular" from the Preamble to the Indian Constitution..In his impleadment application filed through advocate Sriram Parakkat and drawn by Mahesh Menon, Viswam has contended that Swamy's plea was an absolute abuse of the process of law, devoid of merit and deserves to be dismissed with exemplary costs.Swamy's plea in effect challenges the 42nd amendment to the Constitution, which changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist, secular, democratic republic", the application states."It is most respectfully submitted that the challenge here is surreptitiously coded as a challenge to the 42nd Amendment. However, the only intent of this petition is to enable a political party to seek votes in the name of religion.".One of the prayers in Swamy's plea is to strike down sub-section 5 of Section 29 (A) of the Representation of the People Act, 1951.Section 29-A of the Act provides for the registration of associations and bodies as political parties with the Election Commission. Sub-section 5 requires an application for registration of a political party to carry an undertaking that the applicant shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.This prayer, Viswam contends, it to see to it that an appeal for votes on the basis of religion would become legal.Sub-section (3) of Section 123 of the Representation of the People Act, 1951 treats an appeal to the electorate to vote on the basis of religion, race, caste or community of the candidate or the use of religious symbols as a corrupt practice."The necessity is of giving an undertaking such that of section 29 (A) would make it impossible for a political party to seek votes in the name of the religion without falling foul of the prohibited provision of section 123," Viswam's application contends..The plea by Swamy challenges the insertion of the words ‘Secular’ and “Socialist’ in Section 29 A (5) of the Representation of People Act, 1951 which makes it compulsory for the political parties, to bear adherence to the concepts in question i.e the principles of socialism and secularism. The applicant by Viswam has contended that petition is filed with a zeal to appeal for votes in the name of the religion by the political parties..On the words "socialist" and "secular" in the Preamble, the application states,"...the constitution makers had always had clear, cogent and belligerent intent to keep Indian polity secular and the secular nature of the constitution is not dependent on the insertion of the word ‘secular’ into the preamble."The applicant has further contended that the very fact that the Constitution provides for the right to freely practice, profess and propagate a religion of its choice to the citizen, makes the Constitution a secular one."Broad socialist ideas were inherent in the constitution and political aspirant who tries to qualify himself for an electoral process vows in the name of socialism is not an aberration but a natural corollary of the promise of the constitution," the plea adds.