NEW DELHI: Ending a five-decade-old debate on insertions of words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, the Supreme Court on Monday upheld the Emergency-era amendment to the Preamble and said these words neither impede private entrepreneurship nor fetter govt from getting rid of obnoxious religious practices.
Throwing out challenge to the 42nd constitutional amendment that inserted these two words along with ‘integrity’ in the Preamble in 1976 by the Indira Gandhi govt, a bench of CJI Sanjiv Khanna and Justice Sanjay Kumar said secularism mandates the govt not to favour any religion but it does not prevent elimination of religious attitudes and practices impeding development and right to equality.
It said despite freedom of religion guaranteed to the citizens and their non-discrimination on the ground of their faith, the Constitution under the Directive Principles of State Policy permits the govt to strive for a Uniform Civil Code (UCC), a hot topic in the Indian polity since the Shah Bano case judgment of the SC in 1985.
The bench said socialism in the Indian context does not restrict economic policies of an elected govt. “Neither the Constitution nor the Preamble mandates a specific economic policy or structure, whether left or right. Rather, ‘socialist’ denotes the State’s commitment to be a welfare State and its commitment to ensuring equality of opportunity,” it said.
It said the socialism practised in India aims to achieve the goal of economic and social upliftment of citizens and in no way restricts private entrepreneurship and the right to do business, which is guaranteed as a fundamental right under Article 19(1)(9g).
CJI Khanna-led bench said, “India has consistently embraced a mixed economy model, where the private sector has flourished, expanded and grown over the years, contributing significantly to the upliftment of marginalised and underprivileged sections in different ways. In the Indian framework, socialism embodies the principle of economic and social justice, wherein the State ensures that no citizen is disadvantaged due to economic or social circumstances.”
The challenge to the
42nd amendment
was mounted by a PIL in 2020, a good 44 years after the insertion of the words ‘socialist’ and ‘secular’ in the Preamble on the grounds – the framers of the Constitution had omitted these two words from the Preamble after long deliberations; the word ‘socialist’ restricted the govt’s choice of economic policy; and, that the amendment was passed on Nov 2, 1976, nearly eight months after the term of Lok Sabha got over on Mar 18, 1976. “We do not find any legitimate cause or justification for challenging the constitutional amendment after nearly 44 years,” the bench said.
The SC said the power to amend the Constitution rests only with Parliament and this power extends to amending the Preamble. On the validity of insertion of ‘secular’ in Preamble, the SC said, “Over time, India has developed its own interpretation of secularism, wherein the State neither supports any religion nor penalises the profession and practice of any faith.”
Listing several fundamental rights under the Constitution, which bars govt from discriminating citizens on the ground of faith and allows people to profess a religion of their choice while allowing minority communities from establishing and administering their educational institutions, the bench said, “Despite these provisions, Article 44 in the Directive Principles of State Policy permits the state to strive for a uniform civil code for its citizens.”
