The Supreme Court dismissed writ petitions challenging the insertion of the terms "socialist" and "secular" into the Preamble of the Indian Constitution by the 42nd Amendment (1976). The Court reiterated Parliament's power to amend the Constitution under Article 368 and upheld that these additions align with the basic structure doctrine.

1. Challenge to the 42nd Amendment (Para 1-2):
Petitioners contested the insertion of "socialist" and "secular" into the Preamble, arguing retrospective falsity, lack of Constituent Assembly approval, and the absence of a legitimate people's mandate during the Emergency.

2. Parliament’s Power to Amend (Para 3):
The Court emphasized that Article 368 empowers Parliament to amend any part of the Constitution, including the Preamble. Retrospective applicability of amendments does not violate constitutional principles.

3. Secularism in Indian Context (Para 4):
The Court clarified India's unique interpretation of secularism as equal respect for all religions. It cited constitutional provisions like Articles 14, 15, 16, 25, 26, 29, and 30, which reinforce religious equality and freedom.

4. Socialism and Economic Freedom (Para 5):
The Court explained that "socialism" signifies the State's commitment to social and economic justice without mandating rigid economic policies, allowing coexistence of public and private sectors.

5. Emergency Context and Delay in Challenge (Para 6-7):
The legitimacy of the 42nd Amendment was affirmed, despite its passage during the Emergency. The Court noted the petitions were filed 44 years later, undermining their credibility and relevance.

6. Dismissal of Petitions (Para 8):
The Court found no merit or justification for reopening the matter, dismissing the writ petitions and associated applications.

Acts and Sections Discussed:

• Article 368: Power of Parliament to amend the Constitution.
• Articles 14, 15, 16: Guarantee of equality and prohibition of discrimination.
• Articles 25, 26, 29, 30: Freedom of religion and protection of cultural and educational rights.
• Directive Principles (Article 44): Advocates for a Uniform Civil Code.

Ratio Decidendi:

1. Amendability of Preamble:
   The Preamble is amendable under Article 368, and changes must align with the Constitution's basic structure.

2. Secularism as Basic Structure:
   Secularism, though inserted in 1976, reflects India's constitutional ethos and commitment to equality of all faiths.

3. Socialism in Indian Context:
   Socialism, as interpreted in India, ensures welfare and justice while permitting economic flexibility.

Subjects:

Constitutional Law – Validity of 42nd Amendment – Secularism and Socialism

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