SC Upholds 'Secular' & 'Socialist' in Preamble, Rejects Removal Pleas

The Supreme Court on Monday rejected three petitions challenging the inclusion of the words "secular" and "socialist" in the Preamble of the Constitution of India. These terms were added through the 42nd Amendment during the Emergency in 1976.

A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar upheld Parliament’s authority to amend the Preamble under Article 368 of the Constitution.

"The writ petitions do not require further deliberation or adjudication. The amending power of Parliament over the Constitution extends to the Preamble. After so many years, the process cannot be nullified. The date of adoption does not curtail the government’s power under Article 368," the Bench stated.

The Court also emphasized the distinct Indian interpretations of socialism and secularism. "We have explained what socialism and secularism mean in the Indian context and how policy decisions on the same are open to the government," the Bench added.

The petitions were filed by BJP leader and former Rajya Sabha MP Subramanian Swamy, advocate Ashwini Upadhyay, and Balram Singh. They argued that the amendment was introduced during the Emergency without public consultation and urged the Court to delete the terms.

However, the Bench reminded the petitioners that secularism has consistently been recognized as a part of the Constitution's basic structure. The 42nd Amendment, it noted, has already been reviewed and upheld by the Supreme Court in the past.

During previous hearings, the Court clarified that Indian secularism is distinct from its Western counterpart, emphasizing its rootedness in the country’s pluralistic fabric.

Communist Party of India (CPI) leader Binoy Viswam, represented by advocate Sriram Parakkat, opposed the petitions, defending the inclusion of the terms in the Preamble.

The Court dismissed the petitions, reinforcing that the Preamble remains an integral part of the Constitution, subject to Parliament's amending power.