Facts of the Case
The Parliament passed a Constitutional Amendment to remove the word “Socialist” from the Preamble, thereby describing India as a “non-socialist republic.” The amendment was challenged before the Supreme Court. The petitioner argued that Socialism forms part of the basic structure of the Constitution and cannot be removed by amendment under Article 368. The Government contended that Parliament has full power to amend the Constitution, including the Preamble.
Issues in the Case
- Whether “Socialism” is a basic feature of the Constitution.
- Whether Parliament has the authority under Article 368 to amend the Preamble.
- Whether removing the word “Socialist” alters the fundamental identity and philosophy of the Constitution.
- Whether such amendment is void if it violates the Basic Structure Doctrine.
Legal Principles Covered
A. Article 368 – Power of Parliament to Amend
- Parliament may amend any part of the Constitution subject to the Basic Structure Doctrine.
B. 42nd Constitutional Amendment Act, 1976
- Inserted the words “Socialist”, “Secular” and “Integrity” into the Preamble.
C. Basic Structure Doctrine
- Introduced in Kesavananda Bharati v. State of Kerala (1973).
- Held: Parliament cannot alter the basic structure or core identity of the Constitution.
D. Nature of “Socialism” in Indian Constitution
- In D.S. Nakara v. Union of India (1983), the Supreme Court held:
- Socialism in India is “democratic socialism”, not strict communism.
- In Excel Wear v. Union of India (1979):
- Socialism means balancing individual rights with social justice.
E. Preamble and Basic Structure
- In Kesavananda Bharati, the court held that Preamble forms part of the Constitution.
- In S.R. Bommai v. Union of India (1994):
- Secularism and Socialism are basic features and cannot be removed.
Possible Judgment
The amendment attempting to remove the term “Socialist” from the Preamble is unconstitutional.
Reasons:
- Socialism is part of the Basic Structure of the Constitution, as recognized in authoritative judgments.
- Removing “Socialist” changes the ideological foundation of the Indian Constitution.
- Parliament’s power under Article 368 does not permit altering the basic structure.
- Any amendment destroying or altering the core identity of the Constitution is invalid.
Therefore:
The Constitutional Amendment is void and unenforceable, as it violates the Basic Structure Doctrine. The term “Socialist” must remain in the Preamble to preserve the constitutional philosophy of social justice, equality, and welfare.
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