PTI, NEW DELHI, NOV 25, 2024 : In a significant verdict, the Supreme Court on Monday dismissed pleas challenging the 1976 amendment to the Constitution, which added the terms “socialist,” “secular,” and “integrity” to the Preamble. These words were inserted into the Preamble under the 42nd Constitutional Amendment, which was moved by the Indira Gandhi government in 1976.
A bench consisting of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar had on November 22 reserved its verdict on the pleas filed by former Rajya Sabha MP Subramanian Swamy and advocate Ashwini Upadhyay, who challenged the inclusion of the words “socialist” and “secular” in the Preamble to the Constitution. One of the first petitions was filed by Balram Singh through advocate Vishnu Shankar Jain in 2020.
“The writ petitions do not need further deliberation and adjudication. The amending power of Parliament over the Constitution extends to the Preamble,” the Chief Justice said while pronouncing the verdict. The CJI further explained that after so many years, the process of amending the Constitution cannot be nullified. The date of adoption of the Constitution would not curtail the government’s power under Article 368, and moreover, this is not under challenge, the bench noted. The amending power of Parliament extends to the Preamble as well, the Court added.
The Supreme Court questioned, “It has almost been so many years, why rake up the issue now?” A detailed judgment is awaited.
While reserving the judgment, the bench also remarked that the 1976 amendment to the Constitution, which added the terms “socialist,” “secular,” and “integrity” to the Preamble, had undergone judicial reviews and it cannot be said that whatever Parliament did during the emergency period was null and void. The amendment changed the description of India in the Preamble from a “sovereign, democratic republic” to a “sovereign, socialist, secular, democratic republic.” The emergency in India was declared by the late Prime Minister Indira Gandhi from June 25, 1975, to March 21, 1977.
The bench previously refused to refer the matter to a larger bench, as sought by the petitioners, and stated that “being socialist” in the Indian sense was understood to be a “welfare state.” Advocate Ashwini Upadhyay, who also filed a petition, said he was not against the concepts of “socialism” and “secularism” but opposed their insertion into the Preamble.
Swamy, who filed a separate plea, pointed out that even the subsequently elected Union government, led by the Janata Party, supported the inclusion of these words in the Preamble. He said the question was whether they should have been added as a separate paragraph to the Preamble, rather than being stated as adopted as socialist and secular in 1949. Swamy added, “Not only did Parliament adopt this during the emergency, but it was also subsequently supported by the Janata Party government’s Parliament with a 2/3rd majority, in which this particular aspect of socialism and secularism was retained.”