Headline
The Supreme Court of India hears challenge to inclusion of ‘Socialist’ and ‘Secular’ in Preamble.
Summary
On 21st October 2024,The Supreme Court of India heard petitions challenging the insertion of the words “socialist” and “secular” in the Preamble by the 42nd Amendment. The petitioners said that the amendment of the words altered the original intent of the Constitution, while the bench showcased secularism as a core feature of the Constitution.
Key Facts
- Case Names:
- Balram Singh v. Union of India
- Dr. Subramanian Swamy v. Union of India
- Ashwini Upadhyay v. Union of India
- Judges Name: Justice Sanjiv Khanna and Justice Sanjay Kumar
- Hearing: The bench debated whether secularism is inherent in the Constitution and questioned the influence of adding new words to the Preamble.
Legal Insights
Justice Sanjiv Khanna emphasized that secularism has always been part of the basic structure of the Constitution and distinguished secularism of India from the French model. The petitioners argued that altering the language of the Preamble through amendments could set a troublesome precedent.
Impact
The result of this case could impact future interpretations of the Preamble and decide the extent to which it can be amended.
Why it Matters
The case raised fundamental questions about the relationship between constitutional amendments and core principles, affecting the identity of India as a secular and socialist republic.
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