November 25, 2024: In a significant ruling on Monday, the Supreme Court of India dismissed pleas challenging the inclusion of the words "socialist," "secular," and "integrity" in the Preamble of the Constitution, terms that were added during the 42nd Constitutional Amendment in 1976.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjiv Kumar ruled that the power of Parliament to amend the Constitution extends to the Preamble, and that the insertion of these words was within the scope of the amendment process. The bench observed that the Preamble’s adoption in 1949 did not hinder the later modifications, emphasizing that amendments made in 1976 were valid, as Parliament’s power to amend is not limited by the date of the Constitution's adoption.
CJI Khanna explained that the terms “socialist” and “secular” were included in the Preamble to reflect India's commitment to being a welfare state and its commitment to secularism, both integral aspects of its democratic fabric. He clarified that "socialism" in the Indian context refers to the state's role as a welfare provider, ensuring equality of opportunity for all citizens.
Further, CJI Khanna reminded the court that "secularism" has been affirmed as a part of the Constitution’s basic structure, citing the landmark SR Bommai case. He underscored that secularism means the state does not favor any religion and ensures equal treatment of all faiths.
The 42nd Amendment, which was passed during the tenure of Prime Minister Indira Gandhi’s government, altered the Preamble of the Constitution, changing the description of India from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic."
The court's decision comes after an earlier question raised in February regarding whether the Preamble could be amended while preserving the original adoption date of November 26, 1949.
This ruling upholds the constitutional integrity and reflects the ongoing evolution of India's democratic ideals as enshrined in its founding document.