New Delhi: The Supreme Court of India has questioned the intent behind a petition led by BJP leaders to strike the terms “secular” and “socialist” from the preamble of the nation’s Constitution, probing the implications for India’s foundational secular ethos.

According to Kashmir Media Service, the petition, spearheaded by BJP leader and former MP Subramanian Swamy, claims that the inclusion of “secular” and “socialist” distorts India’s foundational democratic principles. Nonetheless, the court reinforced that secularism is an integral part of the Constitution’s basic structure, immune to amendments, as established in historical verdicts like Kesavananda Bharati and SR Bommai.

Justice Sanjiv Khanna clarified during the hearing that secularism, as defined in the Indian context, ensures equal treatment of all religions, setting it apart from Western interpretations that often emphasize a strict separation of church and state. The term’s presence in the Preamble, he noted, serves to underscore the constitutional philosophy rather than redefine it.

The debate rekindles issues related to the 42nd Constitutional Amendment of 1976, which introduced the contested terms as part of a broader realignment with then-modern socio-political norms. Petitioner Vishnu Shankar Jain argued that this amendment was insufficiently deliberated in Parliament, a point contested by Justice Khanna, who maintained that these terms now carry evolved meanings and are integral to India’s identity, with “socialism” denoting fairness and opportunity for all.

Swamy suggested a reconfiguration of the Preamble to reflect its original state prior to November 26, 1949, proposing a split to separate the historical and amended components. The court, however, has requested further documentation from the petitioners to support their claims and scheduled the next hearing for November 18, choosing not to issue formal notices at this preliminary stage.