SC rejects pleas seeking removal of words ‘socialist’, ‘secular’ in Preamble to Constitution

The Supreme Court on Monday rejected a batch of petitions seeking the deletion of the words “socialist” and “secular” from the Preamble to the Constitution, Live Law reported.

The two words in the Preamble were not part of the Constitution adopted in 1950. They were added in 1976 through the 42nd constitutional amendment.

The court said there was no legitimate justification for challenging the constitutional amendment nearly 44 years later.

A bench of Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar dismissed the pleas against the inclusion of the two words filed by Bharatiya Janata Party leaders Subramanian Swamy and Ashwini Kumar Upadhyay, in addition to a separate plea by a man named Balram Singh.

The petitioners challenged the validity of Section 2 of the 42nd constitutional amendment, which added the descriptors “socialist” and “secular” to section of the Preamble declaring India to be a “sovereign democratic republic”.

The matter did not require further deliberation and adjudication, the court said on Monday, adding that the power of Parliament to amend the Constitution extended to the Preamble as well, Bar and Bench reported.

“We have explained that after so many years the process cannot be so nullified,” the bench said. “The date of the adoption would not curtail government’s power under Article 368 which is not under challenge.”

Article 368 of the Constitution...

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