The Supreme Court of India recently dismissed petitions challenging the addition of the terms “secular” and “socialist” to the Constitution’s Preamble through the 42nd Amendment Act, 1976. The bench, led by Chief Justice Sanjiv Khanna, reaffirmed the legitimacy of these terms and their relevance to India’s constitutional values, marking a significant verdict in the history of constitutional interpretation.
Background of the 42nd Amendment
The 42nd Amendment, enacted during the Emergency period in 1976, introduced the words “secular” and “socialist” into the Preamble, along with the term “integrity”. This amendment aimed to reinforce India’s commitment to equality, justice, and fraternity.
- Legislative Context: Enacted during the Emergency, the amendment was designed to reflect India’s evolving socio-political ethos.
- Challenges: Critics argued against the timing and context of the amendment, questioning its validity and intent.
The petitions, filed 44 years later, argued that these terms were not part of the original Constitution and challenged Parliament’s power to amend the Preamble.
Supreme Court’s Observations
Parliament’s Power Under Article 368
The Court highlighted that Article 368 of the Constitution empowers Parliament to amend any part of the Constitution, including the Preamble. The bench rejected claims that the original adoption date of the Constitution restricted Parliament’s ability to make changes.
Constitution as a Living Document
The bench emphasized that the Constitution is a “living document”, adaptable to societal changes and needs. While the Constituent Assembly initially omitted the terms “secular” and “socialist”, the Court upheld their later inclusion as reflective of India’s evolving values.
Delay in Filing Petitions
The Court pointed out the significant delay in filing the petitions, noting that the amendment was widely debated in Parliament as early as 1978. The prolonged gap diminished the credibility of the challenges.
Understanding Secularism and Socialism in India
Secularism
- Definition: In India, secularism means that the state does not favor or discriminate against any religion. It upholds the equal treatment of all religions, ensuring freedom of belief and practice.
- Constitutional Basis: Articles 14, 15, and 16 prohibit discrimination based on religion while ensuring equal protection under the law.
Socialism
- Definition: Indian socialism emphasizes economic and social justice, aiming to reduce disparities while allowing private enterprise.
- Scope: The term does not restrict governments from pursuing different economic policies, provided they respect fundamental rights.
Supreme Court’s Verdict
The Supreme Court concluded that the terms “secular” and “socialist” have been widely accepted by the people of India and align with the Constitution’s fundamental principles. The inclusion of these terms has neither hindered governance nor limited legislative powers.
Key Facts About the 42nd Amendment
| Aspect | Details |
| Introduced | During the Emergency period in 1976 |
| Added Terms | Secular, Socialist, Integrity |
| Empowered By | Article 368, which allows Parliament to amend the Constitution |
| Supreme Court Verdict | Affirmed the legitimacy of the amendment and its alignment with Indian values |
News Summary: Supreme Court on Secularism and Socialism
- The Supreme Court dismissed challenges to the 42nd Amendment, which added “secular” and “socialist” to the Preamble.
- The Court reaffirmed Parliament’s power to amend the Preamble under Article 368.
- Secularism ensures equal treatment of all religions, while socialism focuses on economic and social justice.
- The amendment was enacted during the Emergency period and debated in Parliament in 1978.
- The Court emphasized that the Constitution is a living document, adaptable to societal changes.
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FAQs About the 42nd Amendment and Supreme Court Ruling
The 42nd Amendment, enacted in 1976, added the terms “secular,” “socialist,” and “integrity” to the Constitution’s Preamble, reinforcing these values in India.
Indian secularism ensures that the state treats all religions equally, without favoring or discriminating against any, while allowing freedom of belief and practice.
Socialism in India reflects the state’s commitment to economic and social justice, balancing private enterprise with public welfare.
Yes, under Article 368, Parliament has the power to amend the Preamble, as affirmed by the Supreme Court.
Petitions argued that the amendment’s timing during the Emergency and its retrospective nature were invalid. The Supreme Court rejected these claims.
The basic structure doctrine prevents Parliament from amending parts of the Constitution that form its core principles, ensuring its integrity.
The Court noted that filing petitions 44 years after the amendment weakened their credibility and relevance.
