Debating Amendments: Examining 'Socialist' and 'Secular' in India's Preamble

The Supreme Court is reviewing a 1976 constitutional amendment that added 'socialist', 'secular', and 'integrity' to the Preamble. While some argue it imposes specific ideologies, the court maintains these terms define India's welfare state. A verdict is expected on November 25.


Devdiscourse News Desk | New Delhi | Updated: 22-11-2024 15:26 IST | Created: 22-11-2024 15:24 IST
Debating Amendments: Examining 'Socialist' and 'Secular' in India's Preamble
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The Supreme Court has been scrutinizing the controversial 1976 amendment made to the Indian Constitution that incorporated the words 'socialist', 'secular', and 'integrity' into the Preamble. Former Rajya Sabha MP Subramanian Swamy and others have challenged this inclusion, questioning its necessity and ideological implications.

A bench led by Chief Justice Sanjiv Khanna remarked that the 42nd amendment has undergone extensive judicial review, maintaining that it cannot be dismissed entirely despite its emergency-era enactment. The bench rejected the plea for referring the matter to a larger court, emphasizing that 'socialism' in the Indian context is synonymous with a welfare state. The verdict is scheduled for November 25.

Advocates opposing the amendment argued it was adopted without public consent and that these terms were not part of the original Preamble framed in 1949. However, the Supreme Court insistent on the constitutional authority of Parliament granted by Article 368 to amend the Preamble, sees the terms as integral to India's democratic framework.

(With inputs from agencies.)

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