Supreme Court Upholds 'Socialist' and 'Secular' in Preamble

Constitutional Amendment Background

• The 42nd Amendment was introduced during the Emergency period (1975-1977) under Indira Gandhi's government
• Original terms in the Preamble were 'sovereign' and 'democratic republic'
• Terms 'socialist' and 'secular' were added in 1976, expanding the constitutional description
• Petitions challenged the legitimacy of these additions, arguing they deviated from the original framers' intent

Supreme Court's Ruling

• The Supreme Court, led by Chief Justice Sanjiv Khanna, rejected petitions challenging the amendment
• Affirmed Parliament's authority to amend the Constitution under Article 368
• Clarified that the Constitution's adoption date does not restrict amendment powers
• Emphasized that the Constitution is a living document adaptable to societal needs
• Noted that the amendment has undergone extensive judicial review

Interpretation of Socialist and Secular Principles

• Socialism interpreted as a welfare state model in the Indian context
• Allows private sector flourishing alongside state-driven welfare policies
• Secularism defined as equal treatment of all religions without discrimination
• The court stressed these terms do not limit economic policies or government actions
• Highlighted that fundamental rights and core constitutional principles remain paramount

The Supreme Court's response emphasized:

• Constitutional amendments can reflect evolving societal values
• Socialism and secularism are widely understood and accepted concepts
• The amendment does not compromise fundamental rights