Today, On 25th November, The Supreme Court has dismissed Public Interest Litigations (PILs) seeking the removal of the words “secular” and “socialist” from the Preamble of the Indian Constitution. A Bench led by Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar ruled that Parliament’s authority to amend the Constitution includes the Preamble. The court emphasized that such amendments fall within the legislative purview.
New Delhi: The Supreme Court dismissed three petitions on Monday that sought the removal of the terms ‘secular’ and ‘socialist’ from the Preamble of the Indian Constitution.
These terms were added in 1976 during the national emergency through the 42nd amendment.
A bench consisting of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar ruled that Parliament’s authority to amend the Constitution includes the Preamble.
They stated,
“The writ petitions do not need further deliberation and adjudication. Amending power of Parliament over Constitution extends to Preamble. We have explained that after so many years the process cannot be so nullified. The date of the adoption would not curtail government’s power under Article 368 which is not under challenge.”
The bench also addressed the meanings of socialism and secularism within the Indian context, emphasizing that it is up to the government to frame policies related to these concepts.
The Court remarked,
“Then we have said what socialism and secularism is and how it is open to the government, how policy on the same is to be followed,”
The bench noted that the petitioner’s arguments were without merit.
CJI reamarked,
“Why raise this issue after so many years?”
The Supreme Court was reviewing petitions that challenged the 42nd Amendment to the Constitution of India, which introduced the terms “socialist” and “secular” into its Preamble.
On November 22, the Court indicated that it would deliver its ruling on the matter today. It reminded the petitioners that secularism is a fundamental aspect of the Constitution and that the 42nd Amendment previously been examined and upheld by the Supreme Court.
The petitions lodged by former Rajya Sabha MP and BJP leader Subramanian Swamy, advocate Ashwini Upadhyay, and Balram Singh.
Last month, the Supreme Court noted that secularism is recognized as a core principle of the Constitution, stating that the concepts of “socialist” and “secular” in the Preamble should not be interpreted solely through a Western perspective.
Additionally, Communist Party of India (CPI) leader and Rajya Sabha member Binoy Viswam opposed the petitions in a plea submitted through advocate Sriram Parakkat.
The original Preamble of the Indian Constitution, adopted in 1950, did not include the words “Secular” and “Socialist.” The Preamble stated that India is a “Sovereign Democratic Republic.”
However, in 1976, the 42nd Amendment was enacted, which introduced significant changes to the Constitution, including the inclusion of the words “Secular” and “Socialist”.
The Preamble, after the amendment, reads as follows,
“We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens…”
The Preamble to the Constitution is often considered the “soul” of the Constitution, expressing the values and guiding principles of the Indian state. However, while the Preamble is not justiciable (it cannot be directly enforced in courts), the values enshrined in it influence the interpretation of laws and policies.
The inclusion of “Secular” and “Socialist” in the Preamble through the 42nd Amendment marked a significant step in defining India’s character as a democratic republic committed to social and religious equality. Legal challenges to remove these terms have been rejected, as they are considered integral to the Constitution’s framework, reflecting its core values of justice, equality, and secularism.
The dismissal of these PILs highlights the Court’s stance on preserving the Constitution’s foundational principles, as enshrined in the Preamble.