Supreme Court Reserves Order On Challenge To Inclusion Of 'Socialist' & 'Secular' In Preamble, Refuses Larger Bench Reference

The Supreme Court has reserved its order on petitions challenging the inclusion of “socialist” and “secular” in the Preamble to the Constitution, as per the 42nd Amendment of 1976. The court refused to refer the matter to a larger bench, despite arguments from petitioners including Balram Singh, Dr. Subramanian Swamy, and Advocate Ashwini Kumar Upadhyay. Chief Justice Sanjiv Khanna emphasized that socialism in India is understood as a welfare state and does not hinder the private sector. He also noted that secularism is part of the Constitution’s basic structure, as established in the SR Bommai case. The petitioners argued that the amendment was made during the Emergency without public consultation, effectively imposing certain ideologies. The court maintained that the amendment power under Article 368 extends to the Preamble, reinforcing its integral role in the Constitution. This case highlights the ongoing debate over constitutional amendments and their implications.