Tue Nov 26 04:00:00 UTC 2024: ## Supreme Court Rejects Challenge to “Socialist” and “Secular” in Constitution Preamble

**New Delhi** – The Supreme Court of India dismissed petitions challenging the 1976 amendment to the Constitution’s Preamble, which added the words “socialist” and “secular.” A bench led by Chief Justice Sanjiv Khanna ruled that the petitions, filed 44 years after the amendment, lacked merit and failed to present compelling arguments.

The court affirmed Parliament’s authority under Article 368 to amend the Constitution, including the Preamble. It rejected arguments against the amendment’s retrospectivity, stating that such objections would apply equally to any constitutional amendment. The justices emphasized that the Constitution is a living document, capable of adaptation to evolving societal needs.

While acknowledging the Constituent Assembly’s initial omission of these terms, the court highlighted their widespread acceptance and integration into India’s understanding of its national identity. The court asserted that the additions have not hampered legislative or policy actions, provided they uphold fundamental rights and the basic structure of the Constitution.

The court offered clarification on the meaning of “secular” within the Indian context, explaining it as a commitment to state neutrality towards religion, ensuring equal protection and opportunity for all citizens regardless of faith. This interpretation, the court stated, aligns with Articles 14, 15, and 16 of the Constitution.

Similarly, the court clarified that “socialist” does not restrict government economic policies but instead reflects a commitment to social and economic justice, aiming to uplift citizens while upholding the right to private enterprise under Article 19(1)(g).

The court concluded that there was no justification for challenging the amendment after such a significant delay, dismissing the petitions as lacking substance.

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