NEW DELHI: In a series of judgments, the Supreme Court has rejected a series of petitions challenging the incorporation of the words "socialist" and "secular" into the Preamble of the Constitution. The development took place as part of the 42nd Amendment during the Emergency in 1976.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar upheld Parliament's authority to amend the Preamble under Article 368.
Rejecting claims of retrospectivity, the bench clarified that the date of the Preamble's adoption does not limit the power of amendment."After so many years, this process cannot be undone," CJI Khanna said.
The Court emphasized that "socialism" in the Indian context signifies a welfare state; however, it does not imply restrictive economic policies. "Secularism," on the other hand, remains a cornerstone of the Constitution—this was affirmed in the SR Bommai case.
Petitioners, including BJP leader Dr. Subramanian Swamy, advocate Ashwini Kumar Upadhyay, and Balram Singh, contended that the words were introduced without public consultation during the Emergency. Upadhyay clarified that his objection was not to the principles but to the procedure of their inclusion.
It declined requests for references to a larger bench by observing that the 42nd Amendment had been subjected to the most elaborate judicial review.
In addressing concerns that the ratification of the federal form of the Constitution had not taken place, CJI Khanna reiterated that the Preamble forms an integral part of the Constitution and, therefore, amendable.
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