SC to Rule on Validity of ‘Socialist’ and ‘Secular’ in Preamble on November 25

NEW DELHI (India CSR): The Supreme Court of India is set to deliver a landmark verdict on November 25 regarding the inclusion of the terms “socialist” and “secular” in the Preamble of the Constitution. These terms were added through the 42nd Amendment during the Emergency in 1976, a period marked by significant political and constitutional changes under the Indira Gandhi government. The court’s decision could have far-reaching implications for India’s constitutional framework and its guiding principles.

Historical Context: The 42nd Amendment and Its Impact

The Preamble of the Indian Constitution originally described India as a “sovereign, democratic republic.” However, the 42nd Amendment introduced the words “socialist,” “secular,” and “integrity,” reshaping the vision of the nation.

This amendment was passed during the Emergency (June 25, 1975 – March 21, 1977), a period often criticized for its authoritarian measures and suppression of civil liberties. Despite controversies, the amendment has been upheld through extensive judicial reviews over the years.

Supreme Court Proceedings

The current case involves petitions challenging the validity of the 42nd Amendment. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar reviewed arguments from petitioners, including BJP leader Subramanian Swamy and advocate Vishnu Shankar Jain.

ADVERTISEMENT

Chief Justice Khanna emphasized that the amendment had been subject to rigorous judicial scrutiny in the past. “We cannot say whatever Parliament did previously was all nullity,” he remarked, indicating the court’s cautious approach toward historical legislative actions.

The Debate on ‘Socialism’ and ‘Secularism’

Interpretation of Socialism

Chief Justice Khanna clarified that socialism in India is distinct from its global definitions. It represents a welfare state model that allows private enterprise to coexist with government welfare initiatives. This pragmatic approach differs from a purely state-controlled economy.

Advocate Vishnu Shankar Jain, however, argued that the inclusion of “socialist” imposed an ideological framework without public consultation. He questioned earlier judicial interpretations of the term and called for a reassessment.

Understanding Secularism

The bench reaffirmed secularism as a cornerstone of India’s constitutional identity, referencing the 1994 S.R. Bommai case, which established secularism as an integral part of the Constitution’s basic structure. This interpretation ensures equal treatment of all religions by the state, distinguishing India’s secularism from Western models.

Petitioners’ Arguments

Advocate Vishnu Shankar Jain’s Stand

Jain criticized the circumstances under which the amendment was passed, noting the lack of public participation during the Emergency. He argued that the terms “socialist” and “secular” do not reflect the original intent of the Constitution’s framers.

Subramanian Swamy’s Proposal

Subramanian Swamy suggested an alternative approach: retaining the terms but presenting them as a separate paragraph in the Preamble. He pointed out that even the Janata Party government, which came to power after the Emergency, did not reverse these changes.

Parliament’s Authority to Amend the Preamble

The bench clarified that under Article 368 of the Constitution, Parliament holds the authority to amend any part of the Constitution, including the Preamble. It dismissed arguments that only the Constituent Assembly had the power to make such changes.

Additionally, the court noted that the 42nd Amendment did not require state ratification, as it dealt with matters outside the federal structure.

Implications of the Verdict

The Supreme Court’s decision on November 25 will address fundamental questions about the Constitution’s evolution and its adaptability to changing political and social contexts.

• If Upheld: The terms “socialist” and “secular” will remain integral to the Preamble, reinforcing their relevance in modern India.
• If Altered: The ruling could lead to significant debates about the original intent of the Constitution and the limits of parliamentary authority.

You Learn

As India awaits the Supreme Court’s verdict, the case has reignited discussions about the relevance of “socialism” and “secularism” in contemporary governance. Regardless of the outcome, the decision will be a defining moment in India’s constitutional history, influencing its guiding principles for years to come.

(India CSR)