Dr Balram Singh and Others vs Union of India and Another

Held: 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 – The fact that the Constitution was adopted, enacted, and given to themselves by the people of India on the 26.11.1949, does not make any difference – The date of adoption will not curtail or restrict the power under Article 368 of the Constitution – 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 – 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 – A number of decisions of this Court, including the Constitution Bench judgments have observed that secularism is a basic feature of the Constitution – 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 – Similarly, the word ‘socialism’, in the Indian context should not be interpreted as restricting the economic policies of an elected government 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 – That apart, the fact that the writ petitions were filed in the year 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 – There is no legitimate cause or justification for challenging this constitutional amendment after nearly 44 years. [Paras 2, 3, 4, 5, 7]