Recently, the Supreme Court  dismissed petitions challenging the constitutional validity of the 42nd amendment by which the words ‘secular’ and ‘socialist’ were added to the Preamble of the Constitution.

Key Highlights of the case

• The petitions, filed in 2020, contested the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble via the 42nd Constitution Amendment (1976).
• They argued that:
  • The Constituent Assembly deliberately excluded the term ‘secular’.
  • The term ‘socialist’ restricted the government’s economic policy choices, undermining the people’s democratic will.
• Petitioners claimed the retrospective addition (effective from November 26, 1949) constituted a fraud on the Constitution.

Supreme Court’s Observations

• The Supreme Court Bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, defined ‘secular’ as a Republic that upholds equal respect for all religions.
• ‘Socialist’ was interpreted as a Republic committed to eliminating all forms of exploitation—social, political, and economic.
• The court dismissed the petitions, deeming the arguments flawed and unworthy of detailed adjudication.
• The timing of the petitions, filed 44 years after the amendment, raised questions about the motives behind them.
• The court emphasized that the Preamble is an inalienable part of the Constitution.
• It reaffirmed that Parliament has unquestionable authority under Article 368 to amend the Constitution.

Check Out UPSC Modules From PW Store

Key terms in Preamble of the Indian Constitution