Key Takeaways from the Supreme Court’s Verdict
- The Supreme Court upheld the inclusion of the words “socialist” and “secular” in the Preamble of the Constitution of India.
- These changes were part of the 42nd Amendment during the Emergency in 1976.
- Despite reversing many provisions of the 42nd Amendment in later years, the court did not interfere with these terms in the Preamble.
The Original Preamble
- Derived from the Latin word preambulum, meaning “going before.”
- The Preamble serves as an introduction to the Constitution, outlining its purpose, philosophy, and guiding principles.
- The language can be traced back to the Objectives Resolution introduced by Jawaharlal Nehru on December 13, 1946.
The 42nd Amendment (1976)
- Enacted during the Emergency under Indira Gandhi’s government.
- Referred to as a “mini-constitution” due to the extensive changes it introduced.
- Changes included:
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- Adding “SOCIALIST” and “SECULAR” to the Preamble, making it read: SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC”
- Expanded the powers of the central government.
- Attempted to shield constitutional amendments from judicial review.
- The amendment was justified as expressing the ideals of socialism, secularism, and national integrity.
Judicial Challenges and Interpretations
- The Supreme Court reversed many provisions of the 42nd Amendment in the 1980 Minerva Mills case.
- However, the changes to the Preamble remained unchallenged until July 2020.
Recent Challenges to the Preamble
- In 2020, petitions were filed challenging the inclusion of “socialist” and “secular” in the Preamble:
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- Petitioners argued that these terms were excluded by the framers and restrict economic policies.
- The Supreme Court rejected these arguments, stating:
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- “Secularism” in India reflects religious neutrality—neither promoting nor penalizing any religion.
- “Socialism” in India refers to achieving social and economic justice, not necessarily restricting private enterprise.
- The court found no justification for challenging the amendment 44 years later.
Key Takeaways from the Supreme Court’s Verdict
- Secularism ensures religious neutrality and upholds fraternity, equality, and liberty.
- Socialism, in India, reflects justice for all citizens, balancing public welfare with private enterprise.
- The additions to the Preamble have not hindered policymaking, provided actions respect constitutional rights.
- The court concluded that the changes to the Preamble align with India’s evolving democratic and constitutional ethos.
