GUWAHATI: The Supreme Court on Friday, November 22, reserved its order on a batch of petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution through the 42nd Amendment in 1976.
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The petitions, filed by Balram Singh, senior BJP leader Dr. Subramanian Swamy, and Advocate Ashwini Kumar Upadhyay, argue that the amendment was made during the Emergency without public consultation and sought its reconsideration.
However, the bench, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, refused the petitioners’ plea to refer the matter to a larger bench.
CJI Khanna emphasised that socialism in the Indian context refers to a welfare state, not a prohibition on private enterprise. "The way we understand socialism in India is very different, it primarily means a welfare state,” he said. “It has never prevented the private sector, which is thriving well. The word socialism is used in a different context, meaning the State must stand for the welfare of the people and provide equality of opportunities."
On secularism, the CJI further reiterated that it forms part of the basic structure of the Constitution, as held in the SR Bommai case.
During the hearing, Advocate Vishnu Shankar Jain had cited a recent nine-judge bench judgement on Article 39(b), which diverged from earlier socialistic interpretations. Jain argued that the inclusion of these words was undemocratic, forcing certain ideologies on the public. He insisted that the matter required detailed consideration by a larger bench.
However, CJI Khanna firmly denied this, stating, "No, no." Despite interruptions during the hearing, he deferred pronouncement of the order, assuring that it would be delivered on Monday.
