SC Upholds Inclusion of 'Socialist, Secular' in Preamble

On 25th November 2024, the Supreme Court upheld the retrospective inclusion of the words 'socialist' and 'secular' in the Preamble of the Indian Constitution, affirming that these terms form an integral part of the Constitution's Basic Structure.

Key Points

Power of Amendment under Article 368: The Court reaffirmed that the power to amend the Constitution under Article 368 extends to the Preamble, which is a vital part of the Constitution.
Retrospective Effect: The inclusion of the terms 'socialist' and 'secular' was part of the 42nd Constitution Amendment in 1976, and the Court upheld its retrospective application from November 26, 1949, the date when the Constitution was adopted.
Concept of Socialism: Chief Justice of India clarified that 'socialism' refers to a welfare state with equal opportunities for all citizens.
The term does not preclude private sector participation or individualism, emphasizing that India’s concept of socialism supports both state welfare and economic growth.
Secularism as Core Constitutional Value: The Court emphasized that secularism is a core element of India's constitutional framework.
It stressed that secularism, along with equality and fraternity, forms the Basic Structure of the Constitution, which cannot be altered or diluted.
Basic Structure Doctrine: The Supreme Court maintained that both 'socialism' and 'secularism' are fundamental to the Basic Structure of the Constitution, ensuring they cannot be altered by ordinary amendments.