SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
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Vijay unable to prove majority, not invited for CM oath ceremony: Sources
Chennai: Actor-politician Vijay has reportedly not been invited to take oath as Chief Minister of Tamil Nadu after failing to demonstrate support from the required number of MLAs, sources in Raj Bhavan said.
According to media reports that quoted sources in the office of R.N. Ravi Arlekar, Vijay could not prove the backing of 118 legislators, the majority mark in the 234-member Tamil Nadu Assembly.
Despite last-minute efforts to secure support from the Viduthalai Chiruthaigal Katchi (VCK), Amma Makkal Munnetra Kazagam (AMMK), and an IUML legislator, Vijay reportedly managed support from only 116 MLAs, falling short by two members.
Sources said Vijay failed to submit letters of support from the VCK and the Indian Union Muslim League (IUML).
Later, the IUML issued a statement clarifying that it was not part of the TVK-led alliance.
Meanwhile, AMMK leader T.T.V. Dhinakaran is also said to have informed the Governor that his party would support the All India Anna Dravida Munnetra Kazhagam (AIADMK) instead.
Earlier in the evening, Vijay had met Governor Arlekar and staked claim to form the government, stating that he enjoyed the support of 118 MLAs.
