REMOVAL OF ‘SECULAR’ AND ‘SOCIALIST’ FROM PREAMBLE PLEAS REJECTED BY SC

by | Nov 26, 2024

Headline

The Supreme Court of India rejects the petitions asking for clearing of ‘Secular’ and ‘Socialist’ from the Preamble of the Indian Constitution .

Summary

The Supreme Court of India, headed by Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar, rejected the petitions challenging the addition of “secular” and “socialist” in the Preamble of the Constitution of India through 42nd Amendment of 1976. The Supreme Court upheld the authority of the parliament to amend the Preamble under Article 368 of Indian Constitution .

Key Facts

  • Case Name: Dr. Balram Singh & Ors v. Union of India & Anr.
  • Judges Name: CJI Sanjiv Khanna, Justice PV Sanjay Kumar.
  • Petitioner: Subramanian Swamy, Ashwini Upadhyay, and Balram Singh.
  • In the Indian Constitution “secular,” “socialist,” and “integrity” were added through the 42nd amendment to the Preamble.
  • The Supreme Court quoted the 44-year delay in filing the petitions.

Legal Insights

The Supreme Court of India reaffirmed that secularism and socialism are main features of the basic structure of the Indian Constitution and shed light that these words are not prescriptive but align with the welfare of the goals of India and principles of equality.

Impact

The ruling of the Supreme Court merges the legal and societal acceptance of the words “secular” and “socialist” in the Preamble, showing their alignment with constitutional values.

Why It Matters

The decision shows the constitutional amending power of the Parliament and rejects challenges to long-established principles that shows India’s socio-political character.

Source

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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