Secularism in Preamble: Supreme Court verdict on November 25

The Supreme Court on Friday reserved its verdict on petitions challenging the 42nd Amendment to the Constitution of India, which added the terms "socialist" and "secular" to its the preamble of the Constitution of India.

A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar said that it will deliver its order in the matter on November 25, Monday.

The Court while reserving its verdict also reminded the petitioners that secularism is part of the basic structure of the Constitution and the 42nd amendment had been examined by the Supreme Court earlier as well.

"The 42nd Amendment has been subject to judicial review. We cannot say whatever parliament did previously was all nullity," the CJI said.

The petitions were filed by former Rajya Sabha Member of Parliament (MP) and BJP leader Subramanian Swamy, advocate Ashwini Upadhyay and one Balram Singh.

While hearing the matter, the Supreme Court had observed last month that secularism has been held to be a core feature of the Constitution and that the terms "socialist" and "secular" in the Preamble to the Indian Constitution need not be looked at through the western lens.

During the hearing today, Upadhyay argued that the inclusion of these terms through the 42nd Amendment during the Emergency was unconstitutional, as the amendment was enacted by the parliament in extraordinary circumstances, including an extended Lok Sabha tenure.

He submitted that such changes fundamentally altered the Constitution without the ratification from States.

CJI Khanna acknowledged these concerns but reminded the petitioners that the 42nd Amendment had already undergone judicial scrutiny in the past when the Supreme Court examined it on previous occasions.

Advocates Vishnu Shankar Jain and Alakh Alok Srivastava also made submissions today.

Dr. Subramaniam Swamy appeared in person.

"No one can force the people of this country to follow a particular ideology," Jain submitted.

"No one is doing that at all," the CJI replied.

The petitioners added that the terms secularism and socialism were not comprehensively analyzed in the Minerva Mills case.

However, the CJI noted that the SR Bommai case had adequately addressed the interpretation of secularism.

"Bommai says secularism is a part of the basic structure doctrine," he added.

The Court proceeded to list the matter on November 25 for orders.

Communist Party of India (CPI) leader and Rajya Sabha member Binoy Viswam has opposed the petitions in a plea filed through advocate Sriram Parakkat.