NEW DELHI, Nov 25: In a significant ruling on Monday, the Supreme Court dismissed pleas challenging the inclusion of the terms “socialist” and “secular” in the Preamble of the Indian Constitution. The petitioners, including former Rajya Sabha MP Subramanian Swamy and advocate Vishnu Shankar Jain, had contested the 1976 amendment that added these words, questioning their legitimacy and the process under which they were introduced during the Emergency period.

The bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, reserved its verdict on November 22 before delivering the dismissal order. The petitioners had argued that the terms “socialist” and “secular” were inserted without public consultation, distorting the original intent of the framers of the Constitution. Swamy also suggested that the words be recognized as amendments rather than part of the original text of the Preamble.

In response, CJI Khanna stated that the inclusion of “socialist” and “secular” in the 1976 amendment did not necessitate a detailed hearing. He emphasized that the Constitution’s amendment process under Article 368 allows Parliament to amend the Preamble, and any arguments regarding the retrospectivity of amendments would apply to all constitutional changes. The court also highlighted that the terms had undergone extensive judicial scrutiny and legislative approval in the years since.

Furthermore, the court addressed concerns regarding the term ‘socialism,’ affirming that in the Indian context, it refers to a welfare state, ensuring equitable distribution of resources and opportunities, without hindering private enterprise. “Socialism in India is about equitable distribution and equality of opportunity, and it does not hinder the thriving private sector,” the bench observed.

The ruling reaffirmed Parliament’s constitutional authority to amend the Preamble and dismissed all challenges to the addition of the terms “socialist” and “secular” as valid components of India’s constitutional framework.