The Supreme Court of India is set to deliver its verdict on November 25 regarding petitions that challenge the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble of the Indian Constitution. These terms entered the Preamble through the 42nd Constitutional Amendment during the Emergency period under Indira Gandhi’s government in 1976.
The bench, headed by Chief Justice Sanjiv Khanna, emphasized that the amendment had undergone extensive judicial scrutiny over the years. The judicial system has reviewed the 42nd Amendment. We cannot say that everything Parliament did at that time is null and void,” noted the Chief Justice during the proceedings. The challenge, led by individuals like Subramanian Swamy and advocate Vishnu Shankar Jain, questions the legitimacy of the terms added to the Preamble.
The court also addressed the nature of ‘socialism’ in India, clarifying that it aligns with the concept of a “welfare state,” different from global interpretations. Chief Justice Khanna stated that the Indian model allows for private sector growth alongside state-driven welfare policies. Additionally, the bench reaffirmed that secularism, as outlined in the 1994 S R Bommai case, remains a foundational principle of the Constitution.
Subramanian Swamy suggested placing the terms ‘socialist’ and ‘secular’ in a separate paragraph within the Preamble, rather than integrating them into the original text. Despite these discussions, the court decided not to refer the matter to a larger bench, indicating that these terms are integral to India’s constitutional identity.
This ruling comes amid ongoing debates on the historical context and relevance of the terms introduced during the Emergency, with the final judgment expected to clarify their place in India’s constitutional framework.
