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Informist, Monday, Nov. 25, 2024

NEW DELHI – The Supreme Court on Monday dismissed petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Indian Constitution through an amendment in 1976, when national emergency was in force. The top court said the power of the parliament to amend the Constitution extends to the Preamble also.

"The writ petitions do not need further deliberation and adjudication. Amending power of Parliament over the Constitution extends to the Preamble. We have explained that after so many years the process cannot be so nullified," said the Bench of Chief Justice of India Sanjiv Khanna and Justice P.V. Sanjay Kumar. The date of adoption of the Preamble does not restrict the power of the Parliament to amend the Preamble under Article 368, which was not under challenge in the case, the Bench said.

"It has almost been so many years, why rake up the issue now?" remarked Chief Justice Khanna. The court was hearing petitions by former Rajya Sabha Member of Parliament Subramanian Swamy, advocate Ashwini Upadhyay, Balram Singh and others.

The apex court, in previous hearings, had said that Secularism had always been held to be a part of the basic structure of the Constitution. The terms "socialist" and "secular" in the Preamble to the Indian Constitution need not be looked at through the western lens, the court had observed.

"The way we understand socialism in India is very different from other countries. In our context, socialism primarily means a welfare state. That is all," the apex court had said. Socialism in India has never prevented the private sector from thriving well, the court had said. "We have all benefited from it. The word socialism is used in a different context, meaning that the State is a welfare state and must stand for the welfare of the people and shall provide equality of opportunities," the court had observed. A detailed judgement of Monday's ruling is awaited.

The petitioners had argued that the 1976 amendment was passed without hearing the people, as it was made during the Emergency period. The inclusion of words "socialist" and "secular" would amount to forcing the people to follow certain ideologies, the petitioners had said.  End

Reported by Surya Tripathi

Edited by Ashish Shirke

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