Amendability of Preamble of Constitution: A Crticial Analysis

This article delves into the much-debated issue of the amendability of the Preamble to the Constitution of India, more specifically, to the insertion of terms “Socialist” and “Secular” to the Preamble by way of the 42nd Constitutional Amendment in 1976, during the controversial “Emergency” period under the then Prime Minister, Mrs. Indira Gandhi. The issue has recently been reignited in June 2025 when the then Vice President of India, Sh. Jagdeep Dhankar questioned the amendability of the Preamble and also the 42d Amendment. During the last five decades, the Hon’ble Supreme Court of India, through various landmark judgements, has deliberated and examined the issue in the light of the doctrine of Basic Feature of the Constitution and the amending power of the Parliament under Article 368 of the Constitution of India. This article traces the scope and amendability of the Preamble as interpreted by the Supreme Court of India. It also explores the concepts of “Secularism” and “Socialism” on the touchstone of judicial pronouncements. This discussion aims to inform legal professionals, academic scholars, lawmakers, etc., about the scope and limits of the amendability of the Preamble to the Constitution of India