SC Upheld Socialist and Secular Values in Preamble | 27 Nov 2024

Source: TH 

Recently, the Supreme Court upheld the addition of socialist and secular to the Preamble inserted through the 42nd Amendment Act, 1976. 

  • Under Article 368, Parliament can amend the Constitution, including the Preamble, and the 1976 additions were valid despite the 26th November 1949 cut-off date. 
  • The Right to Freedom of Religion (Articles 25 - 28) provides the right and liberty to preach, practice and propagate the religion of his choice. 
  • Secularism was upheld as India's unique interpretation, where the state respects all religions equally, referencing the SR Bommai Case, 1994. 
    • Articles 14, 15, and 16 of the Constitution prohibit discrimination against citizens on religious grounds while guaranteeing equal protection of laws and equal opportunity in public employment. 
    • Article 44 permits the govt to strive for a Uniform Civil Code (UCC) and it is not restricted by the term Secular in the Preamble. 
  • Socialism practised in India aims to achieve the goal of economic and social upliftment of citizens. 
    • It does not restrict private entrepreneurship and the right to do business, which is guaranteed as a fundamental right under Article 19(1)(g). 

Read More: Socialist and Secular as Integral Part of Constitution