Supreme Court Reaffirms Secularism and Socialism as Inalienable Parts of the Preamble

The Supreme Court of India recently dismissed a series of petitions that challenged the inclusion of the words 'Socialist' and 'Secular' in the Preamble of the Constitution. These terms were famously added through the 42nd Constitutional Amendment Act in 1976 during the Emergency. The petitioners argued that the Preamble, having been adopted on November 26, 1949, could not have been retrospectively amended to include terms that were not part of the original vision of the constituent assembly. However, a bench comprising Justices Sanjiv Khanna and Sanjay Kumar reaffirmed that these principles are now an inalienable part of the 'Basic Structure Doctrine.' The Court observed that even before the formal insertion of these words, the Indian Constitution was inherently secular and socialist in its functional character. Secularism in India is reflected through the fundamental rights guaranteed under Articles 14, 15, and 25-28, which ensure equality and religious freedom. Similarly, the socialist nature of the state is embedded in the Directive Principles of State Policy (Part IV), which mandate the state to reduce inequalities and ensure the welfare of its citizens.