The Supreme Court has dismissed petitions challenging the 42nd Amendment of 1976, which added “socialist” and “secular” to the Preamble of the Indian Constitution. Petitioners, including Subramanian Swamy, contended that the inclusion of these terms was unconstitutional, arguing that it distorted the framers’ original vision and was done without public consultation during the Emergency.
The Court reaffirmed Parliament’s authority to amend the Constitution under Article 368, highlighting that such amendments are valid as long as they adhere to the Constitution’s basic structure. The bench emphasized that the 42nd Amendment, which added the terms “socialist” and “secular” to the Preamble, holds distinct Indian meanings and does not obstruct private enterprise or the principle of equal treatment of religions. This clarification dispels concerns that the amendment imposes rigid ideological restrictions, ensuring instead that it reflects India’s unique constitutional values.
By upholding the 42nd Amendment, the Court reinforced its legitimacy as a cornerstone of India’s constitutional framework. The decision balances the need for social justice and secularism while safeguarding economic freedom and religious equality. This interpretation affirms that amendments must align with India’s fundamental constitutional ethos, strengthening the framework’s adaptability while preserving its foundational principles. The ruling is significant in further solidifying India’s democratic and inclusive values.
