LexDR BALRAM SINGH AND OTHERS versus UNION OF INDIA AND ANOTHER
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[2024] 11 S.C.R. 947 : 2024 INSC 893 Dr Balram Singh and Others v. Union of India and Another (Writ Petition (Civil) No. 645 of 2020) 25 November 2024 [Sanjiv Khanna, CJI and Sanjay Kumar, J.] Issue for Consideration Writ Petitions seek to challenge the insertion of the words ‘socialist’ and ‘secular’ in the Preamble to the Constitution of India by the Constitution (Forty-second Amendment) Act in 1976. Headnotes† Constitution of India – Constitution (Forty-second Amendment) Act in 1976 – Words ‘socialist’ and ‘secular’ in the Preamble – Challenge to: Held: 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 fact that the Constitution was adopted, enacted, and given to themselves by the people of India on the 26.11.1949, does not make any difference – The date of adoption will not curtail or restrict the power under Article 368 of the Constitution – In 1949, the term ‘secular’ was considered imprecise, as some scholars and jurists had interpreted it as being opposed to religion – Over time, India has developed its own interpretation of secularism, wherein the State neither supports any religion nor penalizes the profession and practice of any faith – This principle is enshrined in Articles 14, 15, and 16 of the Constitution, which prohibit discrimination against citizens on religious grounds while guaranteeing equal protection of laws and equal opportunity in public employment – A number of decisions of this Court, including the Constitution Bench judgments have observed that secularism is a basic feature of the Constitution – 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 – 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 – 948 [2024] 11 S.C.R. Digital Supreme Court Reports 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 – That apart, the fact that the writ petitions were filed in the year 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 – There is no legitimate cause or justification for challenging this constitutional amendment after nearly 44 years. [Paras 2, 3, 4, 5, 7] Case Law Cited Kesavananda Bharati v. State of Kerala [1973] Supp. 1 SCR 1 : (1973) 4 SCC 225; S R Bommai v. Union of India [1994] 2 SCR 644 : (1994) 3 SCC 1; R C Poudyal v. Union of India [1993] 1 SCR 891 : (1994) Supp. 1 SCC 324; M Ismail Faruqui (Dr) v. Union of India [1994] Supp. 5 SCR 1 : (1994) 6 SCC 360; Excel Wear v. Union of India and Others [1979] 1 SCR 1009 : (1978) 4 SCC 224; Property Owners Association and Others v. State of Maharashtra and Others [2024] 11 SCR 1 : 2024 INSC 835 – followed. List of Acts Constitution of India. List of Keywords Preamble; Constitution (Forty-second Amendment) Act, 1976; Socialist; Secular; Secularism; Article 368 of Constitution; Practice of any faith; Prohibition of discrimination against citizens on religious grounds; Principle of economic and social justice; Articles 14, 15, and 16 of the Constitution; Article 25 of the Constitution; Article 26 of the Constitution; Article 30 of the Constitution. [2024] 11 S.C.R. 949 Dr Balram Singh and Others v. Union of India and Another Case Arising From CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 645 of 2020 (Under Article
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