NEWS –  The Supreme Court dismissed petitions challenging the inclusion of the words ‘secular’ and ‘socialist’ in the Preamble during the Emergency (1976).

BENCH’S OBSERVATIONS

• Timing of Challenge:
  • Criticized the delay in questioning the amendment, asking, “Why rake up the issue now?”
  • Declined to undertake an exhaustive examination as the constitutional position is clear.
• Impact of the Words:
  • Additions have not restricted or impeded legislation or government policies.
  • The terms ‘secular’ and ‘socialist’ align with India’s evolving societal and constitutional framework.
• Power of Amendment:
  • Article 368 empowers Parliament to amend any part of the Constitution, including the Preamble.
  • The retrospective nature of the amendment does not invalidate its constitutionality.

PETITIONERS’ ARGUMENTS

• Retrospective Insertion:
  • Argued that the amendment was passed during the Emergency, after the normal tenure of the Lok Sabha had ended.
  • Claimed it contradicted the Constituent Assembly’s deliberate exclusion of the term ‘secular’ in 1949.
• Impact on Governance:
  • Asserted that ‘socialist’ limits economic policy choices for elected governments.

COURT’S REBUTTAL TO PETITIONERS

1. Legitimacy of Amendments:
   • Parliament’s power to amend extends to the Preamble.
   • Retrospectivity applies to all constitutional amendments under Article 368.
2. Evolution of Terms:
   • In 1949, ‘secular’ was avoided as it was deemed ambiguous. Over time, India adopted a unique interpretation:
     • The state neither supports nor penalizes any religion.
     • Articles 14, 15, and 16 ensure equality and non-discrimination on religious grounds.
   • ‘Socialism’ reflects economic and social upliftment, not a restriction on private enterprise (protected under Article 19).
3. Constitution as a Living Document:
   • The Constitution evolves, and amendments like the 42nd are valid to address societal changes.

BACKGROUND OF THE AMENDMENT

• The words ‘secular’ and ‘socialist’ were introduced through the 42nd Constitutional Amendment during the Emergency in 1976.
• The amendment was passed under the government of Indira Gandhi.