Jethmalani moves SC against Karnataka Governor's decision
New Delhi, May 17: Senior lawyer Ram Jethmalani on Thursday approached the Supreme Court in his personal capacity against Karnataka Governor Vajubhai Vala's decision of inviting BJP leader B.S. Yeddyurappa to form a new government in the state despite being eight short of a simple majority in the assembly.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud asked Jethmalani to mention his plea on Friday before the bench concerned.
Jethmalani, who had taken retirement from law practice, told the bench that the Karnataka Governor's order is a "gross abuse of Constitutional power".
The apex court early on Thursday after a midnight hearing refused to stall the swearing-in of Yeddyurappa as Karnataka's new Chief Minister.
Yeddyurappa took the oath as the Chief Minister of Karnataka on Thursday at 9 a.m. at the Raj Bhavan amid tight security.
The court, however, sought the communications which Yeddyurappa had written to Karnataka Governor informing him his election as BJP legislature party.
The apex court said that the swearing-in is subject to the final outcome of the matter before it.
The bench headed by Justice A.K. Sikri, while seeking Yeddyurappa's response on the petition by Congress and Janata Dal-Secular (JD-S) seeking to stall his swearing-in, has directed further hearing of the matter at 10.30 a.m. on Friday.
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SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
