Supreme Court rejects PILs to delete 'secular', 'socialist' from Constitution's Preamble

The Supreme Court on Monday rejected at least three petitions seeking deletion of the words 'secular' and 'socialist' from the preamble of the Constitution of India.

The words were inserted into the preamble in 1976 by way of 42nd amendment when the national emergency was in force.

A Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar said that the power of the parliament to amend the Constitution extends to the preamble as well.

"The writ petitions do not need further deliberation and adjudication. Amending power of Parliament over Constitution extends to Preamble. We have explained that after so many years the process cannot be so nullfied. The date of the adoption would not curtail government's power under Article 368 which is not under challenge," the Court said.

The Bench also said that it has adverted to what socialism and secularism would mean in the Indian context and how the policy on the same is to be framed by the government.

"Then we have said what socialism and secularism is and how it is open to the government, how policy on the same is to be followed," the Court stated.

The Supreme Court was hearing 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.

On November 22, it had indicated that it will pronounce its order in the matter today.

It had, at the time, reminded the petitioners that secularism is part of the basic structure of the Constitution and the 42nd amendment had been examined and upheld by the Supreme Court earlier as well.

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

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.

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