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, however, reaffirmed Parliament’s power to amend the Constitution under Article 368, emphasizing that these changes were valid and part of the Constitution’s basic structure. The bench also clarified that 42nd Amendment adding ‘socialist’ and ‘secular’ have distinct Indian meanings and do not hinder private enterprise or equal treatment of religions. The decision strengthens the legitimacy of the 42nd Amendment, which remains a cornerstone of India’s constitutional framework.