DR BALRAM SINGH AND OTHERS versus UNION OF INDIA AND ANOTHER

DR BALRAM SINGH AND OTHERS versus UNION OF INDIA AND ANOTHER

Article 368 empowers Parliament to amend the Constitution including the Preamble; the insertion of 'socialist' and 'secular' by the Forty-second Amendment is within that power, consistent with the Constitution's basic structure as understood by this Court, and the petitions filed after a long delay (44 years) lack sufficient justification and are dismissed.

Parties
Petitioner: Dr Balram Singh and Others; Respondent: Union of India and Another
Jurisdiction
India
Judgment Date
25 November 2024
Procedural Posture
Writ Petition (civil) No. 645 of 2020 (under Article 32) / Final Judgment
Outcome
Writ Petitions dismissed.
Legal Topics
Preamble, Constitutional Amendment, Article 368, Secularism, Socialism, Basic Structure Doctrine
Constitutional Law Administrative Law Preamble Constitutional Amendment Article 368 Secularism Socialism Basic Structure Doctrine

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Parties

Dr Balram Singh and Others

Petitioner

Union of India and Another

Respondent

Procedural Posture

Writ Petition (civil) No. 645 of 2020 (under Article 32) / Final Judgment

Legal Issues

  1. 1 Whether Parliament under Article 368 can amend the Preamble
  2. 2 Validity of insertion of the words 'socialist' and 'secular' in the Preamble by the Constitution (Forty-second Amendment) Act, 1976
  3. 3 Whether the Forty-second Amendment is invalid because it was passed during the Emergency/after the normal tenure of the Lok Sabha

Ratio Decidendi

Article 368 empowers Parliament to amend the Constitution including the Preamble; the insertion of 'socialist' and 'secular' by the Forty-second Amendment is within that power, consistent with the Constitution's basic structure as understood by this Court, and the petitions filed after a long delay (44 years) lack sufficient justification and are dismissed.

Court Disposition

Writ Petitions dismissed.

Orders

  • Writ Petition (Civil) No. 645 of 2020 and Writ Petition (Civil) No. 1467 of 2020 dismissed.
  • Pending applications, including applications for intervention, stand dismissed.