Supreme Court upholds ‘secular, socialist’ in Preamble of the Constitution

The order was based on a batch of petitions challenging the inclusion of the words ‘socialist, secular’ into the Preamble of the Constitution in 1976 with retrospective application

The Supreme Court on Monday, in an order, upheld the inclusion of ‘socialist, secular’ in the Preamble of the Constitution.

“The word ‘secular’ denotes a Republic that upholds equal respect for all religions. ‘Socialist’ represents a Republic dedicated to eliminating all forms of exploitation — whether social, political, or economic,” a Bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar interpreted.

The order was based on a batch of petitions filed in 2020 challenging the validity of the inclusion of ‘socialist’ and ‘secular’ in the Preamble through the 42nd Constitution Amendment in 1976. The petitioners, who included Bharatiya Janata Party (BJP) leader Subramanian Swamy, argued that the insertions made with retrospective effect, that is, from the date of adoption of the Constitution by the Constituent Assembly on November 26, 1949 amounted to a fraud on the Constitution. Besides, they argued, the word ‘secular’ was deliberately eschewed by the Constituent Assembly and the word ‘socialist’ fettered the economic policy choice of the elected government, which represents the will of the people.

The apex court said, in its seven-page order, that the case was not worth a detailed adjudication as the flaws in the petitioners’ arguments were manifest. Moreover, the court found the motives of the petitions, filed nearly 44 years after ‘secular’ and ‘socialist’ were inserted in the Preamble, “questionable”.

The court held that the Preamble was an inalienable part of the Constitution. The Parliament had an unquestionable power to amend the Constitution under Article 368. Its power to amend extended to the Preamble. The court confirmed the retrospective amendment to the Preamble, saying the date of adoption would not curtail the power under Article 368.

The court explained that the Constitution was a “living document”, and open to changes according to the needs of the time.

Though the Constituent Assembly was not sure about what ‘secularism’ should entail in India, the court said, over time the nation has developed its own interpretation of the term, which has become a basic feature of the Constitution.

“Over time, India has developed its own interpretation of secularism, wherein the State neither supports any religion nor penalises the profession and practice of any faith. This principle is enshrined in Articles 14, 15, and 16 of the Constitution, which prohibit discrimination against citizens on religious grounds while guaranteeing equal protection of laws and equal opportunity in public employment,” the Supreme Court observed.

The court said the Preamble’s original tenets of equality of status and opportunity, fraternity, dignity and liberty reflect the secular ethos of the Constitution. 

The apex court clarified that ‘socialism’ in the Indian context meant the commitment to function as a welfare state.

“Neither the Constitution nor the Preamble mandates a specific economic policy or structure, whether left or right. Rather, ‘socialist’ denotes the state’s commitment to be a welfare state and its commitment to ensuring equality of opportunity. India has consistently embraced a mixed economy model, where the private sector has flourished, expanded, and grown over the years,” the apex court highlighted.

Published - November 25, 2024 01:23 pm IST