SC ruling on socialism, secularism

News: A Division Bench of the Supreme Court dismissed pleas challenging the constitutional validity of the 42nd amendment by which the words secular and socialist were added to the Preamble in 1976.

Evolution of Preamble

1. The original Preamble was adopted on November 26, 1949. It declared India to be a sovereign, democratic, republic.

2. The preamble was inspired by the Objectives Resolution, introduced by Jawaharlal Nehru.

3. The objective of the preamble is to secure to all its citizens justice, liberty, equality, and fraternity.

4. In Berubari Case (1960), the Supreme Court held that Preamble is not a part of the Constitution.

5. However, in Kesavananda Bharati Case (1973), the Supreme Court held that Preamble is a part of the constitution, thus reversing its previous judgement.

6. The Preamble has been amended only once in 1976, when the 42nd Constitutional Amendment Act was enacted during the Emergency to insert the words ‘Socialist’, ‘Secular’ and ‘Integrity’.

7. In the 1995 LIC of India Case, the Supreme Court reaffirmed that Preamble is an integral part of the constitution, though not directly enforceable in the court of law.

Supreme Court’s Rationale in dismissing the plea

1. Parliament’s power to amend the constitution under Article 368 extends to the Preamble as well.

2. Socialism and secularism are part of the basic structure of the constitution.

3. In Indian context, socialism implies a welfare state, embodying the principle of social and economic justice. It supports equality of opportunity and does not stop the private sector from thriving.

4. The court held that India’s model of secularism neither supports any religion nor penalises the profession and practice of any faith.