Watch: Verdict of the Supreme Court on the Preamble of the Constitution

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar noted that the flaws in the petitioners’ arguments were glaring. Questioning the motives of the petitioners, the court noted, “The fact that the suits were filed in 2020, forty-four years after the words ‘socialist’ and ‘secular’ became an integral part of the preamble, makes the prayers particularly questionable. This is due to the fact that these expressions have achieved widespread acceptance and that their meanings have been unquestionably understood by the people as ‘We, India.’

The Court emphasized that the 42nd Amendment has already undergone extensive judicial review. For example, in 1980, the constitutional bench in Minerva Mills v. Union of India he affirmed these insertions and declared them vital to the philosophy of the Constitution.

The judges clarified that in India “socialism” represents a commitment to welfare and equality, while “secularism” ensures that the state does not favor or penalize any religion.

The Court also emphasized that legislative measures during the Emergency cannot be repealed only because of the extended term of the Emergency.

This verdict is significant as it deals with the current political debates, especially the criticism of these terms in the preamble of the BJP-led NDA alliance.

Published – 26 Nov 2024 22:58 IST