બંધારણમાંથી ‘સેક્યુલર’ અને ‘સમાજવાદી’ શબ્દો દૂર કરાશે?

Tue Nov 26 06:55:05 UTC 2024: ## Supreme Court to Rule on Removal of “Secular” and “Socialist” from Preamble

**New Delhi, Nov 23, 2024** – The Supreme Court of India will deliver its verdict on November 25th on a series of petitions challenging the inclusion of the words “socialist” and “secular” in the Constitution’s preamble. The court heard arguments on Friday, reserving its judgment until next week.

The petitions, filed by individuals including former Rajya Sabha MP Subramanian Swamy and advocate Vishnu Shankar Jain, argue that the 1976 amendment adding these terms, along with “integrity,” during the Emergency under Indira Gandhi’s rule, was illegitimate. They contend that the inclusion of these words forces adherence to specific ideologies without proper consultation.

The bench, comprising Chief Justice Sanjeev Khanna and Justice Sanjay Kumar, acknowledged that the 1976 amendment (42nd Amendment) had undergone judicial review, but stated that it couldn’t invalidate everything Parliament did during the Emergency period. The court clarified that the term “socialist” in the Indian context is interpreted as a “welfare state,” differing from its meaning in other countries. The court also noted that the 1994 S.R. Bommai case established “secularism” as a fundamental aspect of the Constitution’s basic structure.

Advocate Jain argued that the 1976 amendment was enacted without public consultation due to the Emergency. Advocate Ashwini Upadhyay, while not opposing the concepts of socialism and secularism themselves, opposed their inclusion in the preamble, questioning how new words could be added to a foundational document. He also requested the court to consider the views of the Attorney General and Solicitor General, pointing out that the 42nd Amendment wasn’t ratified by all states.

The court countered that Article 368 of the Constitution empowers Parliament to amend the Constitution, including its preamble, affirming that the preamble is an integral part of, and not separate from, the Constitution.