Constitutional Amendments and the Changes in the Preamble

 Constitutional Amendments and Changes in the Preamble

There have been many amendments in Constitution of India.

In a recent case of Dr. Balram Singh v. Union of India [2024] GCtR 2997 (SC), while dealing with the insertion of the words ‘socialist’ and ‘secular’ in the Preamble to the Constitution of India by the Constitution (Forty-second Amendment) Act in 1976, it has been held that two expressions—'secular' and 'socialist' and the word 'integrity' were inserted in the Preamble vide the Constitution (Forty-second Amendment) Act, 1976 and these amendments were made in 1976. 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. Amendments to the Constitution can be challenged on various grounds, including violation of the basic structure of the Constitution. The fact that the Constitution was adopted, enacted, and given to themselves by the people of India on the 26th day of November, 1949, does not make any difference. The date of adoption will not curtail or restrict the power under Article 368 of the Constitution. The retrospectivity argument, if accepted, would equally apply to amendments made to any part of the Constitution, though the power of the Parliament to do so under Article 368, is incontrovertible and is not challenged.

This case [Dr. Balram Singh v. Union of India [2024] GCtR 2997 (SC)] again points out the way in which Constitution has been amended by Parliament and the political philosophy behind that.

There is no doubt that the Constitution (42nd Amendment) Act, 1976 was a highly controversial piece of law. 

The years from 1950 to 1980 remained controversial in constitutional history of India where number of times, Constitution was changed to suit the needs of certain political parties.