2 days ago
Debate heats up, but apex court always upheld Preamble amendment
THE political debate on the Emergency-era inclusion of the expressions 'secular' and 'socialist' to the Preamble of the Constitution is once again heating up, but court rulings and parliamentary debates in the past have always upheld the 42nd Constitutional amendment.
Over the past few days itself, several key leaders — from Vice President Jagdeep Dhankhar, RSS leader Dattatreya Hosabale to Union ministers Shivraj Singh Chouhan and Jitendra Singh — have questioned the Emergency-era amendment of the Preamble.
In 1976, the Preamble was amended by the Constitution (Forty-second Amendment) Act to add the expressions. The chapter on Fundamental Duties was also introduced in the same amendment.
In 2019, the Narendra Modi-led NDA government launched the Citizens' Duties Awareness Programme aimed at increasing awareness of the Constitution with a focus on Fundamental Duties
The Janata Party-led government that came to power in 1977 reversed several Emergency-era constitutional amendments with the 44th Constitutional amendment in 1978, thereby restoring civil liberties, reinstating judicial review powers, and protecting press freedom. It, however, retained the changes to the Preamble and inclusion of fundamental duties.
Just six months ago, in November 2024, a two-judge bench led by then Chief Justice of India Sanjiv Khanna dismissed writ petitions challenging the amendment. The bench said that the 'terms have achieved widespread acceptance, with their meanings understood by 'We, the people of India' without any semblance of doubt.'
'The additions to the Preamble have not restricted or impeded legislation or policies pursued by elected governments, provided such actions did not infringe upon fundamental and constitutional rights or the basic structure of the Constitution. Therefore, we do not find any legitimate cause or justification for challenging this constitutional amendment after nearly 44 years,' the ruling said.
Even before the 42nd amendment introduced 'socialist' and 'secular' in the Preamble, a 13-judge bench in the landmark 1973 Kesavananda Bharati ruling held that secularism is a basic feature of the Constitution that cannot be done away with.
'The secular character of the state, according to which the state shall not discriminate against any citizen on the ground of religion only, cannot likewise be done away with,' the ruling states.
In another landmark ruling in 1980, Minerva Mills v Union of India, which also debated more constitutional amendments made during the Emergency, the Court recognised 'socialism' was a constitutional ideal for the framers. It cited Part IV of the Constitution, which deals with Directive Principles of State Policy, a non-enforceable policy outline for the state that has several socialist ideas.
'We resolved to constitute ourselves into a Socialist State which carried with it the obligation to secure to our people justice —social, economic and political. We, therefore, put part IV into our Constitution containing directive principles of State policy which specify the socialistic goal to be achieved,' the ruling said.
Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More
