Supreme Court upholds "socialist" and "secular" in Constitution's Preamble, dismisses 44-year-old challenge to 42nd Amendment

The SC dismissed writ petitions challenging the insertion of "socialist" and "secular" in the Constitution's Preamble through the 42nd Amendment Act, 1976. The Court held that filing petitions 44 years after the amendment was questionable, as these terms achieved widespread acceptance without restricting government policies or infringing fundamental rights. The additions did not violate the Constitution's basic structure. The Court found no legitimate justification for challenging the amendment after nearly four decades and dismissed the petitions without issuing notice.

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Issues:
Challenge to the insertion of the words 'socialist' and 'secular' in the Preamble to the Constitution of India by the Constitution (Forty-second Amendment) Act in 1976.

Analysis:
The writ petitions sought to challenge the insertion of the words 'socialist' and 'secular' in the Preamble to the Constitution of India by the Constitution (Forty-second Amendment) Act in 1976. The challenge was based on various grounds, including the retrospectivity of the insertion in 1976, the deliberate omission of the word 'secular' by the Constituent Assembly, and the argument that the word 'socialist' restricts economic policy choices of the elected government. It was also contended that the Forty-second Amendment was passed during the Emergency in 1976, without the will of the people to sanction the amendments. However, the flaws and weaknesses in these arguments were deemed obvious and manifest by the Court.

The Court emphasized that the power to amend the Constitution, including the Preamble, rests with the Parliament under Article 368. The Court rejected the argument of retrospectivity, stating that the power of the Parliament to make amendments under Article 368 is incontrovertible. The Court highlighted that the Constitution is a living document, subject to amendments by the Parliament in accordance with Article 368, irrespective of the date of adoption.

Regarding the terms 'secular' and 'socialist' in the Preamble, the Court explained that the Constitution is a dynamic document and India has developed its own interpretation of secularism over time. The Court referred to various provisions in the Constitution that uphold secular principles, ensuring equality and non-discrimination based on religion. The Court also clarified that 'socialism' in the Indian context does not restrict economic policies but reflects the State's commitment to welfare and equality of opportunity.

The Court cited previous judgments, including Kesavananda Bharati and S R Bommai, which affirmed secularism as a basic feature of the Constitution. The Court elaborated on the concept of secularism in the Indian context, emphasizing equal treatment of all faiths without discrimination. The Court also clarified that 'socialism' in the Indian framework aims at economic and social justice, without mandating a specific economic structure.

The Court dismissed the writ petitions filed in 2020 challenging the constitutional amendments made in 1976, stating that the terms 'socialist' and 'secular' have gained widespread acceptance over the years. The Court found no legitimate cause for challenging the amendments after 44 years, as they did not impede legislations or policies of elected governments. Therefore, the Court dismissed the writ petitions and pending applications related to the matter.

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