Blitz Bureau
THE Supreme Court on November 26 dismissed a clutch of petitions challenging the insertion of the words “Socialist” and “Secular” in the Preamble to the Indian Constitution, saying that the country over time has developed its own interpretation of secularism, where Government neither supports any religion nor penalises the profession and practice of any faith.
A Bench, headed by Chief Justice of India Sanjiv Khanna also observed that the power of the Parliament to amend the Constitution extends to the Preamble as well. “Article 368 of the Constitution permits amendment of the Constitution. The power to amend unquestionably rests with the Parliament. This amending power extends to the Preamble.”
It said that the “secular” nature of the governance does not prevent the elimination of attitudes and practices derived from or connected with religion, when they, in the larger public interest, impede development and the right to equality.
“In essence, the concept of secularism represents one of the facets of the right to equality, intricately woven into the basic fabric that depicts the constitutional scheme’s pattern,” it said.
Similarly, the word ‘socialism’, in the Indian context should not be interpreted as restricting the economic policies of an elected Government of the people’s choice at a given time, added the Bench, also comprising Justice Sanjay Kumar. It said that in the Indian framework, socialism embodies the principle of economic and social justice, wherein the government ensures that no citizen is disadvantaged due to economic or social circumstances.
“The word ‘socialism’ reflects the goal of economic and social upliftment and does not restrict private entrepreneurship and the right to business and trade, a fundamental right under Article 19(1)(g),” the Bench said. Rejecting the batch of pleas, the Bench said:”We do not find any legitimate cause or justification for challenging this constitutional amendment after nearly 44 years.”,.
The apex court said that the additions to the Preamble have not restricted or impeded legislations or policies pursued by elected governments, provided such actions did not infringe upon fundamental and constitutional rights or the basic structure of the Constitution.
Several petitions were filed before the Supreme Court challenging the 42nd Constitution Amendment Act, 1976 by which the words “Socialist” and “Secular” were inserted in the Preamble of the Constitution.
