'Socialist', 'Secular' in Preamble: Supreme Court dismisses plea challenging Constitution amendment

New Delhi: The Supreme Court on Monday dismissed pleas challenging insertion of the words 'Socialist' and 'Secular' in the Preamble to Indian Constitution during Emergency.

A bench of Justices Sanjiv Khanna and Sanjay Kumar held that the writ petitions do not need further deliberation and adjudication and amending the power of Parliament over Constitution extends to Preamble.

"We have explained that after so many years the process cannot be so nullified," the bench said.

The court also held that the date of the adoption would not curtail government's power under Article 368 of the Constitution, which is not under challenge.

The bench also explained what socialism and secularism is and how it is implemented would depend on the policy of the government.

A batch of petitions were filed by Balram Singh, senior BJP leader Subramanian Swamy, and advocate Ashwini Kumar Upadhyay challenging the inclusion of the words "Socialist" and "Secular" in the Preamble to the Constitution.

On November 22, the court observed the 1976 amendment to the Constitution adding terms “Socialist”, “Secular” and “Integrity” to the Preamble underwent judicial reviews and it cannot say whatever Parliament did during the Emergency period was all nullity.

The words “Socialist”, “Secular” and “Integrity” were inserted into the Preamble to the Constitution under the 42nd constitutional amendment moved by the Indira Gandhi government in 1976.

The amendment changed the description of India in the Preamble from a “Sovereign, Democratic Republic” to a “Sovereign, Socialist, Secular, Democratic Republic”.

Emergency in India was declared by the late Prime Minister Indira Gandhi from June 25, 1975 to March 21, 1977.

The bench had earlier also said there are a number of judgments in which the Supreme Court has said that secularism is part of the basic structure of the Constitution and, in fact, it has been given a status of unamendable portion as it constitutes the basic structure.