Monday, November 25, 2024

SC Upholds Adding ‘Socialist’ and ‘Secular’ to the Constitution

Dr. Balram Singh & Ors. vs. Union of India 2024 INSC 893
Rikky Learns About the Supreme Court’s Decision 

Rikky (curious): Dad, what’s this news about the Supreme Court and the Constitution? 

Father (smiling): Ah, Rikky, today’s Supreme Court ruling is a landmark. They upheld the inclusion of the words "socialist" and "secular" in the Preamble of our Constitution with retrospective effect. 

Rikky (wide-eyed): Retrospective? What does that mean? 

Father (explaining): It means these words were officially added in 1976 through the 42nd Amendment, but the court confirmed they apply as if they’ve been part of the Constitution since November 26, 1949—the day we adopted it. 

Rikky: Why did people challenge it? 

Father: Some felt adding these words was done unfairly during the Emergency when dissent was stifled. They argued the Preamble was a fixed statement of the Constitution’s adoption and couldn’t be changed. 

Rikky: What did the court say? 

Father: The court clarified that the Preamble is part of the Constitution, and Article 368 allows amendments even to it. They also emphasized that socialism—ensuring a welfare state with equal opportunities—and secularism have always been fundamental to our Constitution. 

Rikky: Does socialism mean no private companies? 

Father (chuckling): Not at all. The court explained socialism in India supports private enterprise while ensuring everyone gets equal opportunities. It’s about balance. 

Rikky: What about secularism? 

Father: Secularism means all religions are treated equally. The court noted it’s a core feature of our Constitution, reflected in principles like equality and fraternity. 

Rikky (thoughtfully): So, the court upheld our values? 

Father (nodding): Exactly, Rikky. They reminded us of the strength and inclusiveness of our Constitution. 

 #Supreme Court (SC)  #Constitution of India  #Preamble  #Socialist #Secular  #Retrospective Amendment  #Article 368  #Basic Structure Doctrine  #Dr# Balram Singh #42nd Amendment #Judicial Review  #Validity  #Welfare State #Secularism

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