The Supreme Court is set to deliver its verdict on Monday, November 25 regarding the petitions challenging the 42nd Amendment to the Constitution, which introduced the terms ‘socialist’ and ‘secular’ in the Preamble.
The apex court has said that the 1976 amendment, which also included ‘integrity,’ has been subject to thorough judicial review over the years.
A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar observed that Parliament’s actions during the Emergency could not be entirely disregarded as invalid.
“The 42nd Amendment has been reviewed judicially. We cannot say that everything Parliament did at that time is null and void,” the Chief Justice noted. The Court is expected to pass its verdict on November 25.
What’s behind the debate on ‘socialism’ and ‘secularism’?
During the Emergency (1975-1977), the Preamble of the Indian Constitution was amended to describe India as a ‘socialist’ and ‘secular’ republic, expanding upon its original description as a “sovereign, democratic republic” under the Indira Gandhi government.
This period saw significant constitutional changes that continue to be discussed and debated. The bench reserved its ruling on petitions, including those filed by Subramanian Swamy and advocate Vishnu Shankar Jain, challenging the inclusion of ‘socialist’ and ‘secular’ in the Preamble.
{{/usCountry}}This period saw significant constitutional changes that continue to be discussed and debated. The bench reserved its ruling on petitions, including those filed by Subramanian Swamy and advocate Vishnu Shankar Jain, challenging the inclusion of ‘socialist’ and ‘secular’ in the Preamble.
{{/usCountry}}Despite requests from the petitioners, the court declined to refer the matter to a larger bench.
Read: Can’t annul Parl’s legislative actions during Emergency: SC
During the proceedings on November 22, Chief Justice Khanna clarified that in India, socialism is understood as a “welfare state,” a concept distinct from its global interpretations. He noted that India’s model permits the private sector to flourish alongside state-driven welfare policies.
The bench also reinforced that secularism, as defined in the landmark 1994 S R Bommai case, continues to be a core principle of the Constitution.
Subramanian Swamy recommended that the terms ‘socialist’ and ‘secular’ be presented in a separate paragraph within the Preamble, instead of being integrated into the original 1949 text. He also pointed out that the Janata Party government had backed these changes after they were introduced.
The court announced it will pass its verdict on November 25, reaffirming its position that secularism and socialism are essential components of India’s constitutional framework.
This decision comes amid ongoing debates about the relevance and origins of the terms added to the Preamble during the Emergency.
With PTI inputs