The Supreme Court on Monday dismissed three petitions seeking the removal of the words “secular” and “socialist” from the Preamble of the Constitution, affirming that the Parliament has the power to amend the Preamble under Article 368 of the Constitution.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar stated, “The amending power of Parliament over the Constitution extends to the Preamble. After so many years, the process cannot be so nullified. The date of the adoption would not curtail the government’s power under Article 368, which is not under challenge.”
The words “secular” and “socialist” were added through the 42nd Amendment in 1976 during the Emergency. The Supreme Court reminded the petitioners that the amendment had already been examined and upheld in the past.
The petitions were filed by former Rajya Sabha MP Subramanian Swamy, advocate Ashwini Upadhyay, and one Balram Singh, challenging the validity of the 42nd Amendment.
The Court observed, “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.” It further noted that secularism is a core feature of the Constitution and emphasized that these terms should not be interpreted through a Western lens but within the Indian context.
Communist Party of India (CPI) leader and Rajya Sabha MP Binoy Viswam, represented by advocate Sriram Parakkat, opposed the petitions, arguing that the terms are essential to the foundational principles of the Constitution.
The Supreme Court concluded that the petitions did not require further deliberation and reaffirmed the validity of the 42nd Amendment.
