The Supreme Court on Monday dismissed petitions challenging the 42nd Amendment to the Constitution, which added the words “socialist” and “secular” to the Preamble during the Emergency. A bench led by Chief Justice of India Sanjiv Khanna ruled that Parliament’s amending power under Article 368 extends to the Preamble, reinforcing its authority to make such changes.
The bench, which included Justice PV Sanjay Kumar, rejected the argument that the Preamble’s adoption in 1949 imposes a cut-off date for amendments. It emphasized that the retrospective effect of amendments is valid across all constitutional provisions, not just the Preamble.
Addressing concerns about the interpretation of socialism and secularism, the court clarified that these concepts hold distinct meaning in the Indian context. “Socialism in India primarily signifies a welfare state, ensuring equality of opportunity,” the bench noted. It added that the presence of a thriving private sector has not been hindered by this principle, as the government remains committed to fostering welfare and social equity.
The court dismissed the claim that the amendment lacked legitimacy due to its enactment during the Emergency, stating that the 42nd Amendment has undergone judicial review and cannot be declared null and void.
Petitioners argued for a larger bench to hear the matter, citing concerns about their voices being unheard during the Emergency. However, the judges disagreed, reiterating that the amendment’s validity is grounded in constitutional principles.