SC Dismisses Pleas Challenging Preamble's Secular, Socialist Terms

New Delhi: In a significant verdict, the Supreme Court on Monday dismissed pleas challenging the 1976 amendment to the Constitution adding terms "socialist", "secular" and "integrity" to the Preamble. The words "socialist", "secular" and "integrity" were inserted into the Preamble to the Constitution under the 42nd constitutional amendment moved by the Indira Gandhi government in 1976.

A bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar had on November 22 reserved its verdict on the pleas filed by former Rajya Sabha MP Subramanian Swamy and advocate Ashwini Updhayay challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution. One of the first petitions was filed by one Balram Singh through advocate Vishnu Shankar Jain in 2020.

"The writ petitions do not need further deliberation and adjudication. The amending power of Parliament over the Constitution extends to Preamble,” the CJI said while pronouncing the verdict.

The CJI said the verdict explained that after so many years the process cannot be so nullified. The date of the adoption of the Constitution would not curtail the government's power under Article 368 and moreover this is not under challenge, the bench noted.

The amending power of Parliament extends to Preamble as well, it added.

The top court asked further, "It has almost been so many years, why rake up the issue now?" A detailed judgement is awaited. While reserving the judgement, the bench said the 1976 amendment to the Constitution adding terms "socialist", "secular" and "integrity" to the Preamble had undergone judicial reviews and it cannot be said whatever Parliament did during the emergency period was all nullity. The amendment changed the description of India in the Preamble from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic".