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On Constitution Day 2024, the Supreme Court of India dismissed petitions to remove 'Socialist' and 'Secular' from the Constitution's Preamble, emphasizing the Constitution as a 'living document'. The terms were added in 1976 during the Emergency, and the Preamble outlines the objectives of justice, liberty, equality, and fraternity for all citizens. The Court's judgment reflects the vision of the framers, asserting that the Constitution does not mandate a specific economic policy but signifies the State's commitment to welfare and equality.

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9 views

Class PPT

On Constitution Day 2024, the Supreme Court of India dismissed petitions to remove 'Socialist' and 'Secular' from the Constitution's Preamble, emphasizing the Constitution as a 'living document'. The terms were added in 1976 during the Emergency, and the Preamble outlines the objectives of justice, liberty, equality, and fraternity for all citizens. The Court's judgment reflects the vision of the framers, asserting that the Constitution does not mandate a specific economic policy but signifies the State's commitment to welfare and equality.

Uploaded by

Tushar Maurya
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© © All Rights Reserved
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• On the eve of Constitution Day 2024, the Supreme Court of India dismissed

petitions to delete the words “Socialist” and “Secular” from the Preamble to the
Constitution.

• The initial discussions on what the Constitution (and the Preamble) should look
like can be traced to a December 13, 1946 discussion of the Constituent Assembly.
Back then, Jawahar Lal Nehru proposed a broad outline of the Assembly's aims
and objectives, called the Objectives Resolution.
• The terms were added in 1976 by way of the 42nd amendment to the
Constitution, when the Emergency was in force.

• Dr Ambedkar opined that it would destroy democracy if the Constituent


Assembly were to define in 1949 what India’s priorities should be for posterity –
whether it must be geared towards socialism, capitalism or something else.
• “What should be the policy of the State, how the Society should be organised in
its social and economic sides are matters which must be decided by the people
themselves according to time and circumstances. It cannot be laid down in the
Constitution itself, because that is destroying democracy altogether.

• If you state in the Constitution that the social organisation of the State shall
take a particular form, you are, in my judgment, taking away the liberty of the
people to decide what should be the social organisation in which they wish to
live.”
• Dr. Balram Singh & Ors v. Union of India & Anr.

• The November 25 judgment of the Supreme Court refers to the Constitution as a


"living document", keeping in mind the vision of Dr Ambedkar and the other
framers.

• "While it is true that the Constituent Assembly had not agreed to include the
words 'socialist' and 'secular' in the Preamble, the Constitution is a living
document, as noticed above with power given to the Parliament to amend it in
terms of and in accord with Article 368."
• 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."

• Similarly, on the non-inclusion of "socialist", it said,

• "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."
• The preamble basically gives idea of the following things/objects:
• Source of the Constitution
• Nature of Indian State
• Statement of its objectives
• Date of its adoption
• Components of Preamble-

• It is indicated by the Preamble that the source of authority of the Constitution lies
with the people of India.

• Preamble declares India to be a sovereign, socialist, secular and democratic


republic.

• The objectives stated by the Preamble are to secure justice, liberty, equality to all
citizens and promote fraternity to maintain unity and integrity of the nation.

• The date is mentioned in the preamble when it was adopted i.e. November 26,
1949.
• History of the Preamble to Indian Constitution

• The ideals behind the Preamble to India’s Constitution were laid down by
Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly
on January 22, 1947.

• Although not enforceable in court, the Preamble states the objectives of the
Constitution, and acts as an aid during the interpretation of Articles when
language is found ambiguous.
• Key words in the Preamble-
• We, the people of India: It indicates the ultimate sovereignty of the people of
India. Sovereignty means the independent authority of the State, not being
subject to the control of any other State or external power.

• Sovereign: The term means that India has its own independent authority and it is
not a dominion of any other external power. In the country, the legislature has
the power to make laws which are subject to certain limitations.

• Socialist: The term means the achievement of socialist ends through democratic
means. It holds faith in a mixed economy where both private and public sectors
co-exist side by side. (welfare state)- elimination of inequality- social, economic,
political
• It was added in the Preamble by 42nd Amendment, 1976.
• Secular: The term means that all the religions in India get equal respect,
protection and support from the state.
• It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.

• Democratic: The term implies that the Constitution of India has an established
form of Constitution which gets its authority from the will of the people
expressed in an election.

• Republic: The term indicates that the head of the state is elected by the people.
In India, the President of India is the elected head of the state.
Objectives-
Justice, Liberty ( Thought, expression, belief, faith and worship), Equality,
Fraternity, Unity and Integrity of Nation)

• Justice: It is necessary to maintain order in society that is promised through


various provisions of Fundamental Rights and Directive Principles of State Policy
provided by the Constitution of India. It comprises three elements, which is social,
economic, and political.

• Social Justice – Social justice means that the Constitution wants to create a society
without discrimination on any grounds like caste, creed, gender, religion, etc
• Economic Justice – Economic Justice means no discrimination can be caused by
people on the basis of their wealth, income, and economic status. Every person
must be paid equally for an equal position and all people must get opportunities
to earn for their living.

• Political Justice – Political Justice means all the people have an equal, free and fair
right without any discrimination to participate in political opportunities.
.
THANK YOU! ☺

apoorvapurohitJudiciary

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