The Supreme Court of India dismissed multiple public interest litigations (PILs) on Monday that sought the removal of the words ‘secular’ and ‘socialist’ from the preamble of the Constitution. These terms were incorporated during the 42nd amendment passed in 1976 amid the national emergency.
The bench, led by Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar, emphasized that Parliament possesses the authority to amend the Constitution, including its preamble. “The writ petitions do not warrant further deliberation. The power of amendment under Article 368 is broad and unaffected by the historical context of the adoption,” the court noted.
Furthermore, the justices elaborated on the significance of secularism and socialism within the Indian framework, asserting that the interpretation and policy implementation are prerogatives of the government. “We have outlined how the principles of socialism and secularism are to be interpreted and the latitude given to the government in these matters,” they explained.
The decision came after hearing petitions challenging the constitutional validity of the 1976 amendment. On November 22, the court had hinted at a ruling, reminding that the court had previously affirmed secularism as a fundamental aspect of the Constitution’s basic structure.
Among the petitioners were notable figures including a former Rajya Sabha member from the BJP, an advocate, and another individual, all of whom argued against the specific phrasing introduced during the emergency period.
Opposition to the petitions was robust, with contributions from various political figures, including a Rajya Sabha member from the Communist Party of India, who underscored the enduring relevance of these constitutional terms through legal representation.
