Why in the News?
The Supreme Court rejected petitions challenging the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble, added via the 42nd Constitutional Amendment in 1976. Filed in 2020, these petitions questioned the validity of the additions. The SC upheld the changes, which also included the term ‘integrity’, as consistent with the Constitution.
Key Observations by the SC:
- The Constitution’s Evolving Nature:
- The addition of ‘socialist’ and ‘secular’ does not alter the original essence or the adoption date of the Preamble (November 26, 1949).
- Article 368 grants Parliament the power to amend the Constitution, including its Preamble.
- Secularism:
- The State maintains neutrality, neither favoring nor penalizing any religion, while protecting the freedom of faith, practice, and profession.
- This principle is grounded in Articles 14, 15, 16, as well as Articles 25, 26, 29, and 30.
- Socialism:
- Reflects the goal of economic and social welfare, while safeguarding the right to private business and trade under Article 19(1)(g).
- Inclusion of the Terms:
- The Court clarified that adding ‘socialist’ and ‘secular’ did not restrict legislative powers or undermine the basic structure of the Constitution, provided laws adhere to constitutional principles.
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Landmark Judgments Referenced:
- Kesavananda Bharati v. State of Kerala & S.R. Bommai v. Union of India:
- Recognized secularism as a core feature of the Constitution.
- R.C. Poudyal v. Union of India:
- Affirmed secularism as the State’s commitment to treating all religions equally and without bias.
- Property Owners Association & Others v. State of Maharashtra:
- Ruled that economic policies adopted by the government must align with constitutional values and remain accountable to citizens.
42nd Amendment Act – The Mini-Constitution
- Enacted during the Emergency by the Indira Gandhi government in 1976.
- Dubbed the "Mini-Constitution" due to the extensive changes introduced.
- Aimed at expanding the powers of the Centre and Parliament, as well as insulating constitutional amendments from judicial review.
Key Changes Introduced
- Amendment to the Preamble: Added the terms ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble, making India a "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC".
- Expansion of Part IV (Directive Principles of State Policy): Empowered Parliament to legislate to implement Directive Principles, strengthening the socialist framework.
- Changes to Article 368: Restricted the judiciary’s power to review amendments by stating amendments made to further Directive Principles could not be questioned in courts.
- Fundamental Duties Article 51A: Expanded Fundamental Duties for citizens under Part IV-A.
- Strengthened the Centre’s power over the States by revising laws related to emergency provisions and federal structure.
- Judicial Curtailment:
- Limited the judiciary’s ability to strike down laws violating fundamental rights by amending Article 31C.
- Impact on Fundamental Rights and Powers
- Judicial Reactions and Reversals:
- Minerva Mills v. Union of India (1980):
- The Supreme Court struck down provisions that limited judicial review and gave unchecked powers to the Parliament.
- 43rd and 44th Amendments:
- Reversed several provisions, restoring balance between fundamental rights and Directive Principles.
- However, the amendments to the Preamble remained intact.
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