Dr. Balram Singh V. Union of India (2024 SC)
- Amending power of the parliament u/A. 368 extends to the Amendment of the Preamble.
- Parliament can make any amendments in the Constitution even if such changes were rejected by the Constituent Assembly in 1949 as the Constitution is a living document and the meaning of some concepts changes with time.
- The Constitution (42nd Amendment) Act, 1976 which inserted the terms “socialist” and “secular” in the Preamble is held constitutional.
- Neither the Constitution nor the Preamble mandates a specific economic policy or structure, whether left or right. Rather, ‘socialist’ denotes the State’s commitment to be a welfare State and its commitment to ensuring equality of opportunity. India has consistently embraced a mixed economy model, where the private sector has flourished, expanded, and grown over the years, contributing significantly to the upliftment of marginalized and underprivileged sections in different ways. In the Indian framework, socialism embodies the principle of economic and social justice, wherein the State ensures that no citizen is disadvantaged due to economic or social circumstances. The word ‘socialism’ reflects the goal of economic and social upliftment and does not restrict private entrepreneurship and the right to business and trade, a fundamental right u/A. 19(1)(g).
- Secularism essentially represents the nation’s commitment to treat persons of all faiths equally and without discrimination. In *M Ismail Faruqui (Dr) v. Union of India (1994 SC), SC elaborated that the expression secularism in the Indian context is a term of the widest possible scope. The State maintains no religion of its own, all persons are equally entitled to freedom of conscience along with the right to freely profess, practice, and propagate their chosen religion, and all citizens, regardless of their religious beliefs, enjoy equal freedoms andrights. However, the ‘secular’ nature of the State does not prevent the elimination of attitudes and practices derived from or connected with religion, when they, in the larger public interest impede development and the right to equality. In essence, the concept of secularism represents one of the facets of the right to equality, intricately woven into the basic fabric that depicts the constitutional scheme’s pattern.
- The fact that the writ petitions were filed in 2020, forty-four years after the words ‘socialist’ and ‘secular’ became integral to the Preamble, makes the prayers particularly questionable. This stems from the fact that these terms have achieved widespread acceptance, with their meanings understood by “We, the people of India” without any semblance of doubt.