Supreme Court Dismisses Pleas Challenging ‘Socialist’ & ‘Secular’ In Constitution’s Preamble

On Monday, the Supreme Court dismissed a series of petitions challenging the inclusion of the words ‘Socialist’ and ‘Secular’ in the Preamble to the Indian Constitution.

A bench led by Chief Justice of India (CJI) Sanjiv Khanna observed that Parliament’s power to amend the Constitution also extends to its Preamble, emphasizing that amendments are a reflection of the nation’s evolving principles.

In earlier proceedings, the court underscored that secularism is a core feature of the Constitution, as reaffirmed by numerous judgments.

The apex court has consistently held that secularism has always been an integral part of the Constitution’s basic structure.

The petitions had challenged the 42nd Constitution Amendment Act of 1976, which introduced the words ‘Socialist’ and ‘Secular’ into the Preamble.

Challenges To ‘Socialist’ & ‘Secular’ Terms

One plea argued that this amendment conflicted with the “historical and cultural theme of the Great Republic of Bharat, the oldest civilization of the world.”

Additionally, the plea asserted that India, as the world’s oldest civilization, embodies the distinct concept of ‘Dharma’, which differs fundamentally from the Western notion of religion.

It further argued that India’s unique religious and socioeconomic fabric makes the application of the Communist theory of state inappropriate.

The plea stated, “How can the citizens of India be compelled to be secular when they have the Fundamental Right to Freedom of Religion under Article 25 of the Constitution of India to freely profess, practice and propagate religion.”

The petition also urged the Supreme Court to clarify that the terms ‘Socialism’ and ‘Secularism’ in the Preamble pertain only to the state’s sovereign functions and do not impose obligations on individual citizens, political parties, or social organizations.

Additionally, it highlighted differences between Indian secularism and practices in countries like France, where the state refrains entirely from religious matters.

In contrast, the Indian Constitution enables the state to engage in religious issues and grants specific protections to religious minorities under Article 30.

The plea also contested the inclusion of ‘Socialist’ and ‘Secular’ in the Representation of the People Act, 1951.

This amendment mandates political parties seeking registration with the Election Commission to declare allegiance to the principles of socialism and secularism alongside democracy and the sovereignty and integrity of India.

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