Tue Nov 26 21:22:58 UTC 2024: ## Supreme Court Rejects Challenge to ‘Socialist’ and ‘Secular’ in Preamble

**New Delhi:** The Supreme Court of India has dismissed petitions challenging the inclusion of the words “socialist” and “secular” in the Constitution’s Preamble, added via the 1976 Forty-second Amendment. A bench led by Chief Justice Sanjiv Khanna deemed the arguments presented in the petitions weak and insufficient to warrant detailed consideration.

The court upheld Parliament’s authority under Article 368 to amend the Constitution, including its Preamble. It rejected claims that the amendment violated the Constitution’s basic structure, noting that the power to amend rests unequivocally with Parliament. Furthermore, the court dismissed arguments regarding the amendment’s retrospectivity, stating that such arguments would apply equally to all constitutional amendments.

The court highlighted the significant delay in filing the petitions – 44 years after the amendment – and the widespread acceptance of “socialist” and “secular” as integral parts of the Indian ethos. It emphasized that the additions haven’t hindered legislative or policy actions by elected governments, provided these actions remain within the bounds of fundamental rights and the Constitution’s basic structure.

The court clarified the Indian understanding of “secularism,” explaining that it involves the state’s neutrality towards religion, neither promoting nor penalizing religious practice. This is reflected, the court noted, in Articles 14, 15, and 16, which guarantee equality before the law and equal opportunities regardless of religion.

Regarding “socialism,” the court emphasized that it doesn’t restrict government economic policies. Instead, it reflects the principles of social and economic justice, aiming for the upliftment of all citizens while allowing for private enterprise and upholding the right to business under Article 19(1)(g).

The Supreme Court concluded that there was no valid reason to challenge the constitutional amendment after such a prolonged period, effectively ending the legal challenge to the inclusion of “socialist” and “secular” in the Indian Constitution’s Preamble.

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