NEW DELHI: The Supreme Court of India is scheduled to deliver its verdict on November 25, 2024, concerning a petition that seeks the removal of the words “secular” and “socialist” from the Preamble of the Indian Constitution. The plea was filed by Dr. Subramanian Swamy and Balram Singh, who argue that these terms were added through the 42nd Amendment during the Emergency period in 1976, under the leadership of Prime Minister Indira Gandhi. According to the petitioners, the inclusion of these words exceeded the powers of Parliament under Article 368 and deviated from the original intentions of the Constitution’s framers.
The petitioners contend that the terms “secular” and “socialist” were arbitrarily inserted into the Preamble, and that such changes were not within the scope of parliamentary amendments. They argue that these additions alter the fundamental character of the Constitution and represent a distortion of its original values. The challenge highlights the ongoing debate over the extent of Parliament’s power to amend the Constitution and the preservation of its basic structure.
In response to the petition, the Supreme Court has acknowledged the importance of secularism as a core principle of the Indian Constitution. The court has noted that secularism is essential to India’s constitutional framework, although it recognizes that the concept may be interpreted differently in various contexts. The inclusion of “secular” in the Preamble, according to the court, aligns with India’s diverse and pluralistic society, emphasizing the state’s neutrality in matters of religion.
Despite this, the petitioners maintain that the amendments were an overreach, and that the original vision of the Constitution, as envisioned by its framers, did not include these ideological terms. The upcoming verdict could have significant implications for the interpretation of the Constitution and the role of Parliament in shaping its foundational principles. The court’s decision on November 25 will be closely watched, as it may redefine the understanding of India’s constitutional identity.
