Supreme Court Set to Deliver Verdict on Secularism in Preamble: Key Ruling on November 25
(Judicial Quest News Network)
In a landmark legal development, the Supreme Court has reserved its verdict on petitions challenging the 42nd Amendment to the Indian Constitution, which introduced the terms “socialist” and “secular” into the Preamble. The court is expected to deliver its judgment on Monday, November 25th, with significant implications for the interpretation of secularism as a core principle of the Indian Constitution.
The petitions, filed by prominent figures including former Rajya Sabha MP and BJP leader Subramanian Swamy, advocate Ashwini Upadhyay, and one Balram Singh, have raised questions about the constitutionality of these terms. The petitioners argue that the inclusion of “socialist” and “secular” during the Emergency, through the 42nd Amendment, was unconstitutional, as it was enacted under extraordinary circumstances without the proper ratification from the states and extended the tenure of the Lok Sabha.
During the hearing, Chief Justice of India (CJI) Sanjiv Khanna, along with Justice P.V. Sanjay Kumar, emphasized that secularism is an integral part of the “basic structure” of the Constitution, a principle that has already been upheld by the Court in previous rulings. The CJI reminded the petitioners that the 42nd Amendment had already been examined by the Supreme Court in the past and that any action by Parliament could not be dismissed as void unless it fundamentally violated the Constitution.
The Supreme Court also stressed that secularism, as outlined in the Constitution, should not be viewed through a Western lens but rather understood in the unique context of India’s diverse and plural society. The Court specifically referred to the SR Bommai case, which had already affirmed secularism as part of the basic structure doctrine.
The petitioners’ claims included concerns over the extraordinary circumstances during which the 42nd Amendment was passed, arguing that the changes made were not properly scrutinized at the time, particularly without the necessary approval from the states. However, the Chief Justice acknowledged these concerns but reiterated that past judicial reviews had adequately addressed the issue, reinforcing secularism as an essential feature of the Constitution.
The Communist Party of India (CPI), represented by Rajya Sabha MP Binoy Viswam, opposed the petitions, amplifying the argument for preserving the status quo. Advocates Vishnu Shankar Jain and Alok Srivastava also made submissions in support of the existing framework.
As the Court prepares to announce its verdict, all eyes are on the upcoming decision, which could reaffirm secularism as a non-negotiable cornerstone of India’s democratic structure. This ruling is expected to clarify the legal standing of the terms “socialist” and “secular” in the Preamble and address long-standing debates surrounding their constitutional validity.
