SUPREME COURT OF INDIA

Dr Balram Singh v. Union of India

Decision date:

25 November 2024 · 2024 INSC 893

Constitutional validity of the insertion of the words 'socialist' and 'secular' in the Preamble

Read summaryRead court textOriginal PDF · 7 pages
Source and extraction notes

Official source

Draft summary

AI-assisted historical explanation. Independently checked against the source by an AI reviewer. Not reviewed by a lawyer. This historical summary does not certify the current legal position.

In one sentence

The Court rejected the challenge to adding socialist and secular to the Preamble.

Question decided

Did the Forty-second Amendment validly insert these terms in the Preamble?

Key holdings

Outcome

The writ petitions were dismissed without issuing notice.

Source PDF pages: 2, 3, 4, 5, 6, 7.

Plain-English explanation

The petitioners challenged words inserted in 1976, arguing in part that the Preamble retained its original adoption date. The Court rejected that objection: the power to amend the Constitution includes its Preamble. It also explained the terms through earlier constitutional decisions. Secularism reflects equal treatment and freedom of faith; socialism expresses a commitment to welfare and social and economic justice without prescribing an unchangeable economic system. The order considered the long delay and the settled understanding of these expressions. It did not reopen every constitutional question about the emergency period or approve every possible constitutional amendment. For readers, its central point is that these two expressions remain part of the Preamble and do not by themselves prevent an elected government from choosing lawful economic policies.

Relevant law

Opinions

Joint order of Chief Justice Khanna and Justice Sanjay Kumar.

Research notes and limits

Describe this as dismissal of the specific petitions; do not imply that the power to amend is unlimited.

Judgment - source material

All pages of the downloaded court document follow, including separate opinions, annexures and any final joint order. This is machine-extracted original text, not an AI rewrite. Use the PDF to check exact wording.

Jump to a source page

Source PDF page 1

Open this page in the original PDF
2024 INSC 893
W.P. (Civil) No. 645 of 2020 & others   Page 1 of 7 
 
Reportable 
IN THE SUPREME COURT OF INDIA 
CIVIL ORIGINAL JURISDICTION 
Writ Petition (Civil) No 645 of 2020 
 
Dr Balram Singh and Others                 Petitioners 
 
       Versus 
 
Union of India and Another                     Respondents 
 
 
Writ Petition (Civil) No 1467 of 2020 
 
Miscellaneous Application No 835 of 2024 
 
O R D E R 
 
Writ Petition (C) No 645 of 2020 and Writ Petition (C) No 1467 of 2020 
 
  These writ petitions  seek to challenge the insertion of the words 
‘socialist’ and ‘secular’ in the Preamble  to the Constitution of India by the 
Constitution (Forty-second Amendment) Act in 1976. The challenge is on 
various grounds, namely, retrospectivity of the insertion in 1976, resulting 
in falsity as the Constitution was adopted on the 26th day of November 
1949; the word ‘secular’ was deliberately eschewed by the Constituent 
Assembly, and the word ‘socialist’ fetters and restricts the economic policy 
choice vesting in the elected  government, which represents the will of the 
people. B esides, it is submitted that the Forty-second Amendment is 

Source PDF page 2

Open this page in the original PDF
W.P. (Civil) No. 645 of 2020 & others   Page 2 of 7 
 
vitiated and unconstitutional as it was ‘passed’ during the Emergency on 
November 2, 1976, after the normal tenure of the Lok Sabha that had 
ended on March 18, 1976. Therefore, it is argued, that there was no will of 
the people to sanction the amendments. 
 
2 The writ petitions do not require detailed adjudication as the flaws and 
weaknesses in the arguments are obvious and manifest . Two 
expressions—'secular' and 'socialist' and the word 'integrity' w ere inserted 
in the Preamble vide t he Constitution (Forty -second Amendment) Act, 
1976. These amendment s were made in 1976. Article 368 of the 
Constitution permits amendment of the Constitution. The power to amend  
unquestionably rests with the Parliament. This amending power extends to 
the Preamble. Amendments to the Constitution can be challenged on 
various grounds, including violation of the basic structure of the 
Constitution. The fact that the Constitution was adopted, enacted, and 
given to themselves by the people of India on the 26th day of November , 
1949, does not make any difference . The date of adoption will not curtail 
or restrict the power under Article 368 of the Constitution. The 
retrospectivity argument, if accepted, would equally apply to amendments 
made to any part of the Constitution, though the power of the Parliament 
to do so under Article 368, is incontrovertible and is not challenged. 
 
3 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 

Source PDF page 3

Open this page in the original PDF
W.P. (Civil) No. 645 of 2020 & others   Page 3 of 7 
 
'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.  This 
principle is enshrined in Articles 14, 15, and 16 of the Constitution, which 
prohibit discrimination against citizens on religious grounds while 
guaranteeing equal protection of laws and equal opportunity in public 
employment. The Preamble's original tenets —equality of status and 
opportunity; fraternity, ensuring individual dignity—read alongside justice - 
social, economic political, and liberty; of thought, expression, belief, faith, 
and worship, reflect this secular ethos.  Article 25 guarantees all persons 
equal freedom of conscience and the right to freely profess, practice, and 
propagate religion, subject to public order, morality, health, other 
fundamental rights, and the State's power to regulate secular activities 
associated with religious practice s. Article 26 extends to every religious 
denomination the right to establish and maintain religious and charitable 
institutions, manage religious affairs, own and acquire property, and 
administer such property in accordance with law.  Furthermore, Article 29 
safeguards the distinct culture of every  section of citizens, while Article 30 
grants religious and linguistic minorities the right to establish and 
administer their own educational institutions. Despite these provisions, 
Article 44  in the Directive Principles of State Policy permits the State to 
strive for a uniform civil code for its citizens. 

Source PDF page 4

Open this page in the original PDF
W.P. (Civil) No. 645 of 2020 & others   Page 4 of 7 
 
4 A number of decisions of this Court, including the Constitution Bench 
judgments in Kesavananda Bharati v. State of Kerala1 and S R Bommai 
vs Union of India 2, have observed that secularism is a basic feature of 
the Constitution. In R C Poudyal v. Union of India 3, the Court elucidated 
that although the term 'secular' was not present in the Constitution before 
its insertion in the Preamble by the Constitution (Forty -second 
Amendment) Act, 1976, secularism essentially represents the nation's 
commitment to treat persons of all faiths equally and without 
discrimination.  In M Ismail Far uqui (Dr) v. Union of India 4, this Court 
elaborated that the expression secularism in the Indian context is a term of 
the widest possible scope. The State maintains no religion of its own, all 
persons are equally entitled to freedom of conscience along with the right 
to freely profess, practice, and propagate their chosen religion , and all 
citizens, regardless of their religious beliefs, enjoy equal freedoms and 
rights. However, the ‘secular’ nature of the State does not prevent the 
elimination of attitudes and practices derived from or connected with 
religion, when they, in the larger public interest impede development and 
the right to equality. In essence, the concept of secularism represents one 
of the facets of the right to equality, intricately woven into the basic fabric 
that depicts the constitutional scheme's pattern. 
 
5 Similarly, the word 'socialism' , in the Indian context should not be 
interpreted as restricting the economic policies of an elected government  
 
1  (1973) 4 SCC 225 (13 Judges) 
2  (1994) 3 SCC 1 (9 Judges) 
3  (1994) Supp (1) SCC 324 
4  (1994) 6 SCC 360 

Source PDF page 5

Open this page in the original PDF
W.P. (Civil) No. 645 of 2020 & others   Page 5 of 7 
 
of the people's choice at a given time . 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.  India has 
consistently embraced a mixed economy model, where the private sector 
has flourished, expanded, and grown over the years, contributing 
significantly to the upliftment of marginalized and underprivileged sections 
in different ways. In the Indian framework, socialism embodies the 
principle of economic and social justice, wherein the State ensures that no 
citizen is disadvantaged due to economic or social circumstances. The 
word ‘socialism’  reflects the goal of economic and social upliftment and  
does not restrict private entrepreneurship and the right to business and 
trade, a fundamental right under Article 19(1)(g). 
 
6 The argument that the Constitution (Forty-second Amendment) Act, 1976, 
should be struck down due to its enactment during the Emergency and the 
extended period of the Lok Sabha was previously deliberated in 
Parliament, during the consideration of the Constitution Forty -Fifth 
Amendment Bill, 1978. During these deliberations, the inclusion of the 
words 'secular' and 'socialist' came under scrutiny.  Subsequently, this Bill 
was renumbered and called the Constitution Forty -Fourth Amendment Act 
1978. The word 'secular' was explained as  denoting a republic that 
upholds equal respect for all religions, while 'socialist' was characterized 
as representing a republic dedicated to eliminating all forms of 
exploitation—whether social, political, or economic.  However, the said 

Source PDF page 6

Open this page in the original PDF
W.P. (Civil) No. 645 of 2020 & others   Page 6 of 7 
 
amendment as proposed to Article 366 was not accepted by the Council of 
States. No doubt , in Excel Wear v. Union of India and Others 5, this 
Court had held that the addition of the word socialist in the Preamble may 
enable the Court to lean more in favour of nationalization and State 
ownership of industries, yet this Court recognized  private ownership of 
industries, which forms a large portion of the economic structure. The 
majority judgment of this Court in the 9 -Judge Constitution Bench in 
Property Owners Association and Others v. State of Maharashtra and 
Others6 has cleared any doubt and ambiguity, as it is held that the 
Constitution, as framed in broad terms , allows the elected government  to 
adopt a structure for economic governance which would sub -serve the 
policies for which it is accountable to the electorate. Indian economy has 
transitioned from the dominance of public investment to the co -existence 
of public and private investment. 
 
7 The fact that t he writ petitions were filed in 2020, forty-four years after the 
words ‘socialist’ and ‘secular’ became integral to the Preamble , makes the 
prayers particularly questionable. This stems from the fact that these 
terms have achieved widespread acceptance, with their meanings 
understood by “We , the people of India” without any semblance of doubt. 
The additions to the Preamble have not restricted or impeded legislations 
or policies pursued by elected governments, provided such actions d id not 
infringe upon fundamental and constitutional rights or the basic structure 
of the Constitution . Therefore,  we do not find any legitimate cause or 
 
5 (1978) 4 SCC 224 
 6       2024 INSC 835 

Source PDF page 7

Open this page in the original PDF
W.P. (Civil) No. 645 of 2020 & others   Page 7 of 7 
 
justification for challenging this constitutional amendment after nearly 44 
years. The circumstances do not warrant this Court’s exercise of discretion 
to undertake an exhaustive examination, as the constitutional position 
remains unambiguous, negating the need for a detailed academic 
pronouncement. This being  the clear position, we do not find any 
justification or need to issue notice in the present writ petitions, and the 
same are accordingly dismissed. 
 
8 Pending applications, including the applications for intervention, shall also 
stand dismissed. 
 
Miscellaneous Application No 835 of 2024 
 
1 The Miscellaneous  Application is allowed. The Registry is directed to 
register the Writ Petition (Civil) Diary No. 14904 of 2024. 
 
2 In view of the order passed in Writ Petition (Civil) No. 645 of 2020 and Writ 
Petition (Civil) No.1467 of 2020, the Writ Petition  shall be treated as 
dismissed.  
       
 
..…...….......………………......CJI.                                                                 
 [Sanjiv Khanna] 
 
 
 
....…........……………….…........J. 
                                  [Sanjay Kumar] 
New Delhi;  
November 25, 2024.