'Own interpretation developed': SC trashes pleas challenging insertion of 'Socialist', 'Secular' in Preamble to Constitution

New Delhi: The Supreme Court on Monday dismissed a clutch of petitions challenging the insertion of the words "Socialist" and "Secular" in the Preamble to the Indian Constitution, saying that the country over time has developed its own interpretation of secularism, where government neither supports any religion nor penalises the profession and practice of any faith.

A bench, headed by Chief Justice of India (CJI), Sanjiv Khanna said that the "secular" nature of the governance 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," it said.

Similarly, the word 'socialism', in the Indian context should not be interpreted as restricting the economic policies of an elected government of the people's choice at a given time, added the Bench, also comprising Justice Sanjay Kumar.

It said that in the Indian framework, socialism embodies the principle of economic and social justice, wherein the government ensures that no citizen is disadvantaged due to economic or social circumstances.

The apex court further said: "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 under Article 19(1)(g)."

"We do not find any legitimate cause or justification for challenging this constitutional amendment after nearly 44 years," it said, rejecting the batch of pleas.

The Supreme Court also observed that the power of the Parliament to amend the Constitution extends to the Preamble as well.

"Article 368 of the Constitution permits amendment of the Constitution. The power to amend unquestionably rests with the Parliament. This amending power extends to the Preamble."

The apex court said that the additions to the Preamble have not restricted or impeded legislations or policies pursued by elected governments, provided such actions did not infringe upon fundamental and constitutional rights or the basic structure of the Constitution.

Several petitions were filed before the Supreme Court challenging the 42nd Constitution Amendment Act, 1976 by which the words "Socialist" and "Secular" were inserted in the Preamble of the Constitution.

One of the petitions said that such an amendment is against the "historical and cultural theme of the Great Republic of Bharat, the oldest civilisation of the world".

It further contended that the concept of "Dharma" is different from the concept of religion and the Communist theory of state cannot be applied in the Indian context, which has been a total failure and is not in tune with the religious sentiments and socioeconomic conditions.

"How can the citizens of India be compelled to be secular when they have the Fundamental Right to Freedom of Religion under Article 25 of the Constitution of India to freely profess, practice and propagate religion," the plea said.

The plea urged the top court to issue direction or declaration that the concepts of "Socialism" and "Secularism" occurring in the Preamble of the Constitution refer to the nature of the Republic and are limited to the working of the sovereign function of the state and the same is not applicable to the citizens, political parties, and social organisations.

The plea contended that in France and some other countries, a secular government is never involved in religious matters whereas the Indian Constitution itself has empowered the state to indulge in religious matters and some special rights have been given even to religious minorities under Article 30 of the Constitution.

The petition also challenged the insertion of the words “Secular” and “Socialist” in the Representation of the People Act, 1951, making it compulsory for the political parties applying for registration before the Election Commission to make a specific provision in its memorandum that the association will have true faith and allegiance to the Constitution and "to the principles of 'Socialism' and 'Secularism' and democracy and would uphold the sovereignty and integrity of India".