Supreme Court Upholds Inclusion of ‘Socialist’ and ‘Secular’ in Constitution’s Preamble

Paromita Das

GG News Bureau

New Delhi, 26^thNovember. On November 25, 2024, the Supreme Court of India delivered a pivotal judgment, dismissing petitions challenging the inclusion of the words “socialist” and “secular” in the Preamble to the Constitution, introduced via the 42nd Amendment in 1976. The bench, led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, unequivocally held that there was no valid justification for reopening this constitutional amendment after nearly five decades.

This judgment underscores the enduring relevance of socialism and secularism in Bharat’s constitutional ethos and provides a broader commentary on the nature of constitutional amendments, judicial review, and the balance between evolving societal values and historical precedents.

Background of the 42nd Amendment

The 42nd Amendment, often referred to as the “mini-Constitution”, was enacted during the Emergency period under then-Prime Minister Indira Gandhi’s government. It introduced significant changes, including the insertion of the words socialist and secular in the Preamble. While this amendment has been controversial, it remains a cornerstone of Bharat’s constitutional history, reflecting the socio-political milieu of the time.

Supreme Court’s Observations: Key Highlights

1. Lack of Justification for the Challenge
   The Court emphasized that challenging the amendment nearly 44 years after its enactment lacked merit. The bench observed that the words socialist and secular have been ingrained in Bharat’s constitutional framework and widely accepted by the populace.
2. Amendability of the Preamble
   The judgment reiterated that the Preamble is an integral part of the Constitution and subject to amendment under Article 368. This settled the argument that the Preamble, being adopted in 1949, could not be retrospectively amended.
3. Concept of Socialism and Secularism in Bharat

Socialism: The Court clarified that in the Bharatiya context, socialism signifies a welfare state ensuring economic and social justice. Unlike the rigid interpretations of socialism seen in some other countries, Bharat’s approach accommodates private entrepreneurship while striving for equitable development.

Secularism: Rooted in the right to equality, secularism in Bharat ensures equal treatment of all religions. This principle has been repeatedly upheld as a basic feature of the Constitution, including in landmark cases like Kesavananda Bharati v. State of Kerala and S.R. Bommai v. Union of India.

4. Historical and Legal Validation
   The Court highlighted that the inclusion of socialism and secularism has been reviewed by multiple constitutional benches and has withstood judicial scrutiny. Furthermore, the post-Emergency Janata Party government, despite undoing many provisions of the 42nd Amendment through the 44th Amendment, retained these terms in the Preamble, underscoring their importance.

Petitioners’ Contentions and Judicial Response

The petitions were spearheaded by prominent figures, including Dr. Subramanian Swamy and Advocate Ashwini Kumar Upadhyay. Key arguments included:

• The amendment was made during the Emergency without public consultation.
• The terms socialist and secular impose ideological frameworks contrary to the original Preamble.
• Amending the Preamble exceeds the constituent powers of Parliament.

In response, the bench refuted these claims:

• It reiterated that the Parliament’s power to amend extends to the Preamble.
• The addition of these terms aligns with Bharat’s constitutional values and does not contravene fundamental rights or the Constitution’s basic structure.

Significance of the Judgment

This judgment carries profound implications:

1. Reaffirmation of Constitutional Ideals
   The ruling reaffirms that socialism and secularism are intrinsic to Bharat’s democratic framework, reflecting the nation’s commitment to inclusivity and equality.
2. Judicial Deference to Legislative Authority
   By upholding the Parliament’s power to amend the Preamble, the Court balanced judicial review with respect for legislative decisions, provided they align with the Constitution’s basic structure.
3. Stability of Constitutional Amendments
   The decision discourages frivolous challenges to long-standing constitutional provisions, emphasizing the need for stability in constitutional law.

Opinion: The Enduring Relevance of Socialism and Secularism

The inclusion of socialism and secularism in the Preamble has been a subject of debate since its inception. Critics argue that these terms were politically motivated additions during an autocratic period, while proponents view them as reaffirmations of Bharat’s foundational principles.

In practice, socialism in Bharat has evolved to embrace a mixed economy, blending state welfare with private enterprise. Similarly, secularism ensures that the state remains neutral in matters of religion, fostering harmony in a diverse society. These ideals, far from being relics of the past, continue to guide Bharat’s socio-political trajectory.

Conclusion

The Supreme Court’s dismissal of the petitions challenging the 42nd Amendment is a landmark affirmation of the values enshrined in the Preamble. By rejecting the challenge, the Court has not only upheld the legitimacy of socialism and secularism but also reinforced the resilience of Bharat’s constitutional framework.

As Bharat navigates the complexities of a rapidly changing world, these principles remain vital in ensuring justice, equality, and harmony. The judgment serves as a reminder that constitutional amendments are not just reflections of their time but enduring commitments to the aspirations of “We, the people of India.”