Aastha Pareek
The Supreme Court of India on November 25, Monday dismissed two Public Interest Litigations (PILs) seeking the removal of the words ‘secular’ and ‘socialist’ from the Preamble of the Constitution in the case of Dr Balram Singh and ors v. Union of India and anr. The petitioners contended that these terms were not originally part of the Preamble and were inserted via the 42nd Amendment during the Emergency period in 1976, a time when democratic processes were suspended.
The petitioners argued that the insertion of the above mentioned terms altered the Constitution’s fundamental structure, claiming it was undemocratic and inconsistent with the original vision of the framers. They took reference of Dr. B.R. Ambedkar’s views during the Constituent Assembly debates, which were critical of explicitly including such terms.
The Supreme Court Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar however, firmly rejected these arguments and Khanna emphasized that “secularism” and “socialism” are core principles reflected throughout the Constitution, especially in the rights enshrined under Part III. Justice Sanjiv further noted that secularism is intrinsic to India’s constitutional framework, guaranteeing freedom of religion and equality before the law. The Court also reminded the petitioners of past verdicts affirming these principles, reiterating that India was conceived as a secular nation long before the amendment.
The judgment underscores the judiciary’s role in upholding the Constitution’s ideals and maintaining its foundational ethos. By rejecting these PILs, the Supreme Court reaffirmed its commitment to safeguarding India’s democratic and pluralistic identity.
Case Name:- Dr. Balram Singh and Ors. v. Union of India and Anr.
Case Number:- Writ Petition (Civil) No 645 of 2020.
Bench:- Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar.
Click here to access the order.