VidhiSangh

Supreme Court of India · 25/11/2024

DR BALRAM SINGH AND OTHERS versus UNION OF INDIA AND ANOTHER

[2024] 11 S.C.R. 947 · 2024 INSC 893

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Summary

The Supreme Court dismissed, without issuing notice, writ petitions challenging the insertion of 'socialist' and 'secular' into the Preamble by the Constitution (Forty-second Amendment) Act, 1976. It held that Parliament's power under Article 368 extends to the Preamble and is not limited by the 1949 date of adoption. Both words have a settled meaning in the Indian context, and a challenge brought about 44 years later did not warrant detailed examination.

Issues

  1. Whether Parliament could insert 'socialist' and 'secular' into the Preamble in 1976 given that the Constitution was adopted on 26 November 1949, and whether that insertion is impermissibly retrospective.
  2. Whether the insertion is invalid because the Constituent Assembly had deliberately left these words out.
  3. Whether 'socialist' restricts the economic policy choices of elected governments.
  4. Whether the Forty-second Amendment is vitiated because it was passed during the Emergency by a Lok Sabha sitting beyond its normal term, and whether a challenge filed in 2020 called for detailed adjudication.

Provisions considered

Held

Result

Writ petitions dismissed without issuing notice; pending and intervention applications dismissed. The miscellaneous application was allowed, the Registry was directed to register the further writ petition, and that petition was treated as dismissed.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 947.