Tue Nov 26 03:53:22 UTC 2024: ## Supreme Court Dismisses Challenges to 1976 Constitution Amendment

**New Delhi** – The Supreme Court of India today dismissed petitions challenging the 1976 amendment to the Constitution’s Preamble, which added the words “socialist,” “secular,” and “integrity.” The court rejected arguments from petitioners, including former Rajya Sabha MP Subramanian Swamy and advocate Vishnu Shankar Jain, who contended that the addition of “socialist” and “secular” was illegitimate due to the circumstances surrounding the amendment’s passage during the Emergency.

The petitioners argued that the Parliament’s extended tenure during the Emergency invalidated the amendment and that the addition lacked public consultation, distorting the original intent of the Constitution’s framers. Swamy further argued that the inclusion rendered the Preamble inconsistent with its original form.

However, Chief Justice Sanjiv Khanna dismissed the petitions, stating they did not warrant a detailed hearing. The court affirmed Parliament’s authority under Article 368 to amend the Constitution, including its Preamble, emphasizing that the 1976 amendment had undergone extensive judicial scrutiny and legislative endorsement over the decades.

The court also addressed concerns about the interpretation of “socialism,” clarifying that in the Indian context it signifies a welfare state committed to equitable resource distribution and equal opportunity, not incompatible with a thriving private sector. The Chief Justice stated that the retrospectivity arguments raised by the petitioners, if accepted, would impact all constitutional amendments.

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