Wed Nov 27 03:00:00 UTC 2024: ## Supreme Court Upholds “Socialist” and “Secular” in Constitution Preamble

**NEW DELHI, November 27, 2024** – The Supreme Court of India has dismissed petitions challenging the inclusion of the words “socialist” and “secular” in the Constitution’s Preamble. A division bench, led by the Chief Justice of India, ruled that these terms are integral to the Constitution’s basic structure.

The petitions, filed by individuals including former Rajya Sabha MP Subramanian Swamy and advocate Ashwini Upadhyay, argued that the additions, made during the 1976 42nd Amendment, were imposed during the Emergency and forced adherence to specific ideologies. They contended that the date of the Preamble’s original adoption (November 26, 1949) prevented subsequent alterations. While Mr. Swamy acknowledged the subsequent retention of the words, he proposed their relocation to a separate paragraph.

The Court rejected these arguments, stating that the Constitution is a “living document” amendable by Parliament, including its Preamble. The Court clarified its interpretation of “socialism” in the Indian context as fostering a welfare state promoting equality of opportunity without stifling the private sector. The Court also reaffirmed India’s unique understanding of “secularism,” emphasizing the state’s neutrality towards religion while guaranteeing freedom of faith.

The ruling highlights the evolution of India’s economic and social policies since independence. The Court acknowledged the shift from a more centrally planned, socialist-leaning economy in the initial decades to the market-oriented model adopted since 1991. While celebrating the subsequent economic growth and poverty reduction, the Court emphasized the continued importance of social welfare programs like MGNREGA, subsidized food, and direct benefit transfers in upholding the nation’s commitment to socialism. The judgment underscores the enduring relevance of both “socialism” and “secularism” within the framework of India’s constitutional identity.

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