Watch: Supreme court’s verdict on Preamble of the constitution
A Bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar observed that the flaws in the petitioners’ arguments were manifest. Questioning the motives of the petitioners, the court remarked, “The fact that the writ petitions were filed in 2020, forty-four years after the words ‘socialist’ and ‘secular’ became integral to the Preamble, makes the prayers particularly questionable. This stems from the fact that these terms have achieved widespread acceptance, with their meanings understood by ‘We, the people of India’ without any semblance of doubt.”
The court emphasized that the 42nd Amendment had already undergone extensive judicial scrutiny. For instance, in 1980, the Constitution Bench in Minerva Mills vs Union of India upheld these insertions, declaring them vital to the Constitution’s philosophy.
The judges clarified that in India, ‘socialism’ represents the commitment to welfare and equality, while ‘secularism’ ensures the State does not favor or penalize any religion.
The court also underscored that legislative actions during the Emergency cannot be annulled merely because of the Emergency’s extended tenure.
This verdict is significant as it addresses contemporary political debates, especially the BJP-led NDA alliance’s critique of these terms in the Preamble.
Published – November 26, 2024 10:58 pm IST
