Supreme Court Verdict (Dr. Balram Singh vs. Union of India, 2024):
- The Supreme Court dismissed petitions challenging the inclusion of ‘Socialist’ and ‘Secular’ in the Preamble through the 42nd Amendment Act (1976), enacted during the Emergency.
- Petitioners argued that the amendments did not reflect the people’s will and that the Preamble could not be altered after its adoption in 1949.
42nd Amendment Act, 1976:
- Called the ‘mini-Constitution’, it amended the Preamble, 40 Articles, and the 7th Schedule, and introduced 14 new Articles and two new parts.
Changes in the Preamble:
- Added ‘Socialist’, ‘Secular’, and ‘Integrity’.
- Changed ‘Unity of the Nation’ to ‘Unity and Integrity of the Nation’.
- Shifted subjects like education and forests from the State List to the Concurrent List.
Added new Directive Principles of State Policy (DPSPs):
- Article 39: Securing opportunities for the healthy development of children.
- Article 39A: Equal justice and free legal aid.
- Article 43A: Participation of workers in industrial management.
- Article 48A: Environmental protection and wildlife conservation.
- Introduced Fundamental Duties (Part IV-A) and administrative tribunals (Part XIV-A).
Supreme Court Observations:
- The Preamble can be amended under Article 368, provided it does not violate the Constitution’s basic structure.
- Defined Secularism as the State’s neutrality and equality toward all religions.
- Described Socialism as the State’s commitment to a welfare system ensuring equality of opportunity.
- Emphasized that the Constitution is a living document, capable of adapting to societal changes.
Significance of Secularism and Socialism:
- Secularism in India ensures religious freedom and State intervention in economic and secular aspects of religion.
- Indian socialism integrates a mixed economy model, balancing welfare with private enterprise and emphasizing equality without eliminating capitalism.