Deleting the words “Secular” and “Socialist” from the Preamble of the Indian Constitution

The Supreme Court of India recently addressed the issue of deleting the words “Secular” and “Socialist” from the Preamble of the Indian Constitution. The debate arose from a petition filed by BJP leader Ashwini Upadhyay, who sought the removal of these words, arguing that they were added later by the 42nd Amendment in 1976 during the Emergency and did not reflect the original intention of the framers of the Constitution.

The Supreme Court, however, expressed its reservations on the matter. Chief Justice D.Y. Chandrachud questioned the logic behind this request, emphasizing the fundamental principles of the Constitution. The bench pointed out that India was, and continues to be, a secular and socialist state, and these values are intrinsic to the nation’s identity.

The Court asked if removing the terms would alter the core structure of the Constitution, a sensitive issue because the “basic structure doctrine” protects the fundamental elements of the Constitution from being amended.

In essence, the Court is treading cautiously on this issue, understanding the broader implications of such a request.