SC Reserves Verdict On Challenge To ‘Socialist’ And ‘Secular’ In Preamble

The Supreme Court has reserved its verdict on a petition challenging the inclusion of the words “socialist” and “secular” in the Constitution’s Preamble. These words were added during the 42nd Amendment in 1976, under the tenure of Prime Minister Indira Gandhi. Petitioners Balram Singh, Subramanian Swamy, and Ashwini Kumar Upadhyay have termed the addition unconstitutional and demanded its removal.

Key Arguments in the Petition

The petition argues that adding “socialist” and “secular” was beyond Parliament’s power under Article 368. It claims the amendment contradicts the Constituent Assembly’s vision and lacked proper debate in Parliament. Subramanian Swamy emphasized that the change violated the original Constitution’s spirit and sought permission to elaborate on his arguments.

Petitioners also highlighted that these terms align with political ideologies rather than constitutional principles. Advocate Vishnu Shankar Jain reiterated that this alteration undermines India’s foundational intent.

Court’s Observations on Basic Structure

A bench led by Chief Justice Sanjeev Khanna and Justice Sanjay Kumar noted that “socialism” and “secularism” have evolved in interpretation and are part of the Constitution’s basic structure. Justice Khanna stated that socialism could be viewed as ensuring equal rights for all sections of society, not as a political doctrine.

The court will decide if the matter requires a larger bench. It will also examine whether the addition of these terms under the 42nd Amendment complied with constitutional provisions.

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