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SC to Decide on 'Socialist' and 'Secular' in Preamble

The Court did not agree to send the matter to a larger bench for further hearing.
 

November 22, 2024 - On November 22,2024, the Supreme Court of India reviewed petitions challenging the addition of the words "socialist" and "secular" to the Preamble of the Indian Constitution as per the 42nd Amendment in 1976. The petitioners argued that these words were added during the Emergency (a time when democracy was restricted) without properly consulting the public.

What Happened in Court?

  1. Petitioners Arguments - They said the Preamble originally adopted in 1949 didn’t have these words. Adding them later feels like forcing ideologies onto people. They claimed the amendment wasn’t approved by states and argued that such changes need a special process.

  2. Supreme Court’s Response - The Court clarified that the Preamble is part of the Constitution, and Parliament has the power to amend it under Article 368. The CJI (Chief Justice of India) reminded everyone that the 42nd Amendment had already been reviewed by the courts and accepted by later Parliaments, even after the Emergency.

Dr. Subramanian Swamy suggested that instead of saying these words were part of the Preamble from the beginning (1949), they could be placed as a separate paragraph to reflect they were added later.

The Court did not agree to send the matter to a larger bench for further hearing. However, due to interruptions during the hearing, the CJI postponed the decision to the following Monday.

Source: Media Reports