Supreme Court Rejects Petitions Challenging Inclusion of ‘Secular’ and ‘Socialist’ in the Preamble
The Supreme Court on Monday dismissed three petitions challenging the inclusion of the words “secular” and “socialist” in the Preamble of the Indian Constitution. These terms were added through the 42nd Amendment during the Emergency in 1976.
A Bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar upheld Parliament’s authority to amend the Constitution, including its Preamble, under Article 368. The Bench observed that after so many years, the matter no longer required further deliberation or adjudication. “The writ petitions do not require further deliberation or adjudication. The amending power of Parliament over the Constitution extends to the Preamble,” the Bench stated.
The Court further clarified that the inclusion of “secular” and “socialist” did not invalidate Parliament’s power to amend the Constitution. The Bench also noted that the date of adoption did not limit the government’s power under Article 368.
The petitions were filed by BJP leader and former Rajya Sabha MP Subramanian Swamy, advocate Ashwini Upadhyay, and Balram Singh. They argued that the amendment, introduced during the Emergency without public consultation, should be reversed and the terms should be deleted.
In its ruling, the Court reinforced that secularism had long been accepted as part of the Constitution’s basic structure. The 42nd Amendment, the Bench reminded, had already been upheld by the Supreme Court in previous reviews. The Court also addressed the distinct interpretation of secularism and socialism in the Indian context, which differs from the Western model, and emphasized that policy decisions on these matters remain open to the government.
CPI leader Binoy Viswam, represented by advocate Sriram Parakkat, opposed the petitions, defending the inclusion of the terms in the Preamble.
Ultimately, the Court dismissed the petitions, affirming that the Preamble is an integral part of the Constitution, subject to amendments by Parliament.
