November 25,2024 - The Supreme Court of India on November 25, 2024 rejected petitions challenging the addition of the words "socialist" and "secular" to the Preamble of the Constitution. These words were added through the 42nd Amendment in 1976 during the Emergency.

A bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar ruled that Parliament has the power to amend the Preamble under Article 368 of the Constitution. The Court also clarified that the date of the Preamble's adoption in 1949 does not limit Parliament’s ability to make changes later. CJI Khanna stated that the 42nd Amendment has stood the test of time for decades, and it cannot be undone now.

Key Observations by the Court

Socialism in India - CJI Khanna explained that in India, "socialism" means being a welfare state. It does not oppose private businesses or entrepreneurship.
Secularism as Basic Structure - The Court said "secularism" is part of the Constitution's basic structure, meaning it is fundamental to India's democracy. This was affirmed in earlier landmark cases like the SR Bommai case. 

Petitioners' Arguments

• Advocate Vishnu Shankar Jain argued that the amendment was passed without public consultation during the Emergency, making it undemocratic.

• Advocate Ashwini Upadhyay said he was not against the ideas of socialism and secularism but believed their addition to the Preamble was done illegally.

• Dr. Subramanian Swamy pointed out that even the Parliament elected after the Emergency supported keeping these words.

The Court, however, dismissed these arguments, stating that the Preamble is an integral part of the Constitution and can be amended by Parliament. It also refused to refer the case to a larger bench for further review.

The detailed judgment will be available soon.

Source: Media Reports