PTI, New Delhi
The Supreme Court on Monday dismissed petitions challenging the inclusion of the words “socialist,” “secular,” and “integration” in the Preamble of the Constitution. The court ruled that the word “socialist” is not associated with left or right economic policies but instead signifies a welfare republic.
In 1976, the then Indira Gandhi government added these three terms to the Preamble by amending the Constitution through the 42nd Amendment. Former Rajya Sabha MP Subramanian Swamy and lawyer Ashwini Upadhyay had filed petitions challenging the inclusion of the terms “socialist” and “secular” in the Preamble. A Constitution Bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar reserved its verdict on November 22.
The first such petition was filed by Balram Singh through advocate Vishnu Shankar Jain in 2020.
“There is no need for further deliberation and adjudication of these writ petitions. The power of the Parliament to amend the Constitution extends to the Preamble as well,” Justice Khanna explained while delivering the important ruling. He further stated that this process cannot be annulled after so many years.
The Bench observed that the date of adoption of the Constitution does not limit the powers vested in the Government under Article 138, and these powers cannot be challenged.
Secularism and Socialism Explained
While discussing the concept of secularism, the court clarified its meaning in the context of governance. The Bench held that:
- Secularism does not prevent the government from intervening in religious practices and attitudes that hinder development or equality in the broader public interest.
- Secularism represents a republican state that equally respects all religions.
Regarding socialism, the court elaborated:
- Socialism signifies the Republic’s determination to eliminate all forms of exploitation—social, political, or economic.
- Neither the Constitution nor the Preamble advocates a specific left- or right-wing economic policy.
- Socialism should be understood in the context of the government’s commitment to a welfare state and equality of opportunity.
- It includes principles of economic and social justice, ensuring that no citizen is deprived due to economic or social conditions.
- Socialism does not restrict private enterprise or the right to trade and industry, which is a fundamental right under Article 19(1)(c).
Historical Context
The reforms of 1976 redefined India as a “Sovereign, Socialist, Secular, Democratic Republic,” replacing “Sovereign, Democratic Republic.”
The court also emphasized that it cannot declare all decisions made by Parliament during the Emergency as null and void.
