The SC’s order was based on a batch of petitions filed in 2020 challenging the validity of the inclusion of ‘socialist’ and ‘secular’ in the Preamble through the 42nd Constitution Amendment in 1976.
- The word 'integrity' was also inserted in the Preamble by the 42nd Act, 1976.
SC observations
- Constitution is a living document: Addition of ‘Socialist’ & ‘Secular’ could not be invalidated merely on the ground that the Preamble retained its original adoption date of November 26, 1949.
- Article 368 of the Constitution permits amendment of the Constitution & the power to amend unquestionably rests with the Parliament whose amending power extends to the Preamble.
- Secularism: State neither supports any religion nor penalizes the profession and practice of any faith, also the State maintains no religion of its own.
- This principle is enshrined in Articles 14, 15, and 16 along with Article 25,26, 29 & 30.
- Socialism: Reflects the goal of economic and social upliftment and does not restrict private entrepreneurship and the right to business and trade, a fundamental right under Article 19(1)(g).
- Addition of ‘Socialist’ & ‘Secular’: SC observed that the addition did not restrict legislations pursued by elected governments, provided such actions did not infringe upon Constitutional rights or the basic structure of the Constitution.
Important judgements quoted by SC:
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