CJI Sanjiv Khanna bench upholds socialism and secularism as vital to Constitution's philosophy
GS2Polity · Governance · IR· Constitution, amendments & basic structure· Prelims + Mains·
Basic Structure and Preamble interpretation: a core GS2 topic on judicial review and constitutional amendments.
Why in news
A Bench led by CJI Sanjiv Khanna dismissed writ petitions challenging the 42nd Amendment, upholding 'socialist' and 'secular' as integral to the Preamble's philosophy.
Background
The court dismissed writ petitions filed in 2020 that challenged the 42nd Amendment's inclusion of 'socialist' and 'secular' in the Preamble. The bench noted these terms were upheld by the Supreme Court in the 1980 Minerva Mills v. Union of India case.
Facts for Prelims
- ConstitutionThe 42nd Amendment added the words 'socialist' and 'secular' to the Preamble.
- BodyThe Supreme Court upheld the 42nd Amendment's Preamble changes in the Minerva Mills v. Union of India (1980) case.
- ConstitutionThe court defined Indian 'socialism' as a commitment to welfare and equality.
Prelims practice question
With reference to the Preamble and the 42nd Amendment, consider the following statements:
- The court defined Indian socialism as a commitment to profit and competition.
- The 42nd Amendment added the words socialist and secular to the Preamble.
- The Supreme Court upheld the Preamble changes in the Minerva Mills v. Union of India case.
Which of the statements given above is/are correct?
- (a)1 only
- (b)2 only
- (c)1 and 3 only
- (d)2 and 3 only
Show answer
Answer: (d) 2 and 3 only — Statements 2 and 3 are correct. Statement 1 is incorrect: The court defined Indian socialism as a commitment to welfare and equality.
For Mains
Q. Examine the judicial role in safeguarding the basic structure of the Preamble against legislative amendments, with reference to the 42nd Amendment.
Dimensions to cover in your answer
- Judicial Review: The principle of 'Basic Structure' limits the Parliament's power to alter the core philosophy of the Preamble.
- Constitutional Continuity: The court's refusal to annul Emergency-era legislative actions based on tenure length.
- Interpretative Stability: The court's stance on 'widespread acceptance' of Preamble terms by the citizenry.
Keywords: Basic Structure · Judicial Review · 42nd Amendment · Minerva Mills Case · Preamble Philosophy
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This note is generated automatically from SatyaDheesh's news feed and mapped to the UPSC CSE syllabus. Check facts against the original report or PIB before using them in an answer.