New Delhi, November 25: The Supreme Court of India dismissed petitions seeking to remove the words "secular" and "socialist" from the Preamble of the Constitution.
A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar ruled there was no merit in challenging the amendment made nearly 44 years ago through the 42nd Constitutional Amendment.
The bench stated, “The constitutional position is unambiguous, and there is no need for detailed examination or academic pronouncements in this matter. Accordingly, the writ petitions are dismissed without issuing notice.”
Court's Reasoning
The petitions, filed in 2020, argued that the words introduced during the Emergency (1976) were unconstitutional. However, the court emphasized the widespread acceptance of these terms and noted that the delay of over four decades rendered the challenge inadmissible.
It remarked, “The inclusion of these terms has neither impeded legislations nor restricted government policies, provided they adhere to fundamental rights and the Constitution's basic structure.”
Addressing arguments of retrospectivity, the court upheld that Article 368 empowers Parliament to amend the Constitution, irrespective of the date of its adoption. It also highlighted that the terms "secular" and "socialist" reflect principles already ingrained in the Constitution’s ethos:
Secularism: Equal respect for all religions.
Socialism: Commitment to eliminating exploitation in all forms—social, political, and economic.
Petitioners’ Arguments
The petitions, led by BJP leader Subramanian Swamy and lawyers Balram Singh, Karunesh Kumar Shukla, and Ashwini Upadhyay, claimed:
The words conflicted with the original Preamble adopted in 1949.
Their inclusion imposed specific political ideologies, violating the framers' intent.
The amendment was unconstitutional, as it was enacted during the Emergency under questionable conditions.
Swamy argued that the terms went against the basic structure doctrine established in the landmark Kesavananda Bharati case (1973), which limits Parliament’s power to alter fundamental constitutional features.
Supreme Court's Stand
The court reiterated that secularism and socialism have always been integral to the Constitution's basic structure, emphasizing their universal relevance rather than a Western interpretation. It cited past judgments that permitted elected governments to adopt flexible economic governance structures.
The decision underscores the enduring significance of the Preamble as a reflection of India's constitutional values, reaffirming the amendment’s legitimacy.
