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Supreme Court Upholds 'Socialist' and 'Secular' in Preamble: Reinforcing the Basic Structure

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The Supreme Court has dismissed petitions seeking to remove the words 'Socialist' and 'Secular' from the Preamble, affirming that these principles are foundational to the Indian Constitution's basic structure. The ruling clarifies that Indian socialism focuses on a welfare state, while secularism ensures equal respect for all faiths.

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 added via the 42nd Constitutional Amendment Act in 1976 during the Emergency. The petitioners argued that the amendment was procedurally flawed and that the concepts were alien to the original intent of the constituent assembly. A bench led by the Chief Justice of India (CJI) rejected these arguments, asserting that 'socialism' and 'secularism' have always been part of the Constitution's 'basic structure,' even before their formal insertion into the Preamble. The Court emphasized that the Preamble is the 'identity card' of the Constitution and reflects its core philosophy.

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