SC dismisses pleas challenging insertion of socialist and secular in Preamble to Constitution

New Delhi, Nov 25 (Representative) The Supreme Court on Monday dismissed pleas challenging the insertion of ”socialist” and ”secular” in the Preamble to the Indian Constitution. A Bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar said that the amending power of Parliament over the Constitution extends to the Preamble as well and after so many years this process cannot be so nullified. The CJI said, “The date of the adoption would not curtail the government’s power under Article 368 which is not under challenge. Three petitions were filed in the Apex Court on the issue of whether the words socialist and secular could be inserted in the Preamble to the Indian Constitution. One petition was filed by senior BJP leader Dr Subramanian Swamy, another petition was filed by Advocate Ashwini Kumar Upadhyay and one by Balram Singh. Advocate Vishnu Shankar Jain, appearing for one of the petitioners contended that the amendments in the constitution were made without hearing the people, as it was made during the Emergency and the inclusion of these words would amount to forcing the people to follow certain ideologies.When the Preamble comes with a cut-off date, how can the words be subsequently added, Jain argued.

He also urged the court to refer the matter to a larger bench. The CJI said “The way we understand socialism in India is very different from other countries. “In our context, socialism primarily means a welfare state. It has never prevented the private sector from thriving well,” Justice Khanna said and added that we all have benefited from it. He explained that the word socialism is used in a different context, meaning that the State is a welfare state and must stand for the welfare of the people and shall provide equality of opportunities.” The CJI said that “secularism” has been held to be part of the basic structure of the Constitution in the SR Bommai case.Dr Subramanian Swamy, who appeared as party-in-person, said that the Janata Party, which was subsequently elected also supported the inclusion of these words. Swami questioned that whether it should be added as a separate paragraph to the Preamble instead of saying that in 1949, it was adopted as socialist and secular?

Justice Khanna said that Secularism has always been held to be a part of the basic structure of the Constitution, and that “being socialist” in the Indian sense is understood only to be a “welfare state.” Advocate Ashwini Upadhyay, said that he was not against the concepts of socialism and secularism but was opposing the “illegal” insertion of these words in the Preamble. The CJI replied that the amendment power under Article 368 of the Constitution extended to the Preamble as well. “The preamble is part and parcel of the Constitution. It is not separate,” Justice Khanna said. He said that the Court would not go into the arguments that why in 1976, the Lok Sabha during its extended tenure could not have amended the Constitution and that amending the Preamble is a constituent power which can be exercised only by the Constituent Assembly. The CJI said that the date of adoption of the Preamble does not restrict the power of the Parliament to amend the Preamble. Justice Khanna while dismissing the petitions said, “You all tried very well.”