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TMI Blog2024 (11) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... policy choice vesting in the elected government? HELD THAT:- The fact that the writ petitions were filed in 2020, forty-four years after the words socialist and secular became integral to the Preamble, makes the prayers particularly questionable. This stems from the fact that these terms have achieved widespread acceptance, with their meanings understood by We, the people of India without any semblance of doubt. The additions to the Preamble have not restricted or impeded legislations or policies pursued by elected governments, provided such actions did not infringe upon fundamental and constitutional rights or the basic structure of the Constitution. Therefore, there are no legitimate cause or justification for challenging this constituti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he arguments are obvious and manifest. Two expressions 'secular' and 'socialist' and the word 'integrity' were inserted in the Preamble vide the Constitution (Forty-second Amendment) Act, 1976. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... propagate religion, subject to public order, morality, health, other fundamental rights, and the State's power to regulate secular activities associated with religious practices. Article 26 extends to every religious denomination the right to establish and maintain religious and charitable institutions, manage religious affairs, own and acquire property, and administer such property in accordance with law. Furthermore, Article 29 safeguards the distinct culture of every section of citizens, while Article 30 grants religious and linguistic minorities the right to establish and administer their own educational institutions. Despite these provisions, Article 44 in the Directive Principles of State Policy permits the State to strive for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the basic fabric that depicts the constitutional scheme's pattern. 5 Similarly, the word 'socialism', in the Indian context should not be interpreted as restricting the economic policies of an elected government of the people's choice at a given time. Neither the Constitution nor the Preamble mandates a specific economic policy or structure, whether left or right. Rather, 'socialist' denotes the State's commitment to be a welfare State and its commitment to ensuring equality of opportunity. India has consistently embraced a mixed economy model, where the private sector has flourished, expanded, and grown over the years, contributing significantly to the upliftment of marginalized and underprivileged sections in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on and State ownership of industries, yet this Court recognized private ownership of industries, which forms a large portion of the economic structure. The majority judgment of this Court in the 9-Judge Constitution Bench in Property Owners Association and Others v. State of Maharashtra and Others 2024 INSC 835 has cleared any doubt and ambiguity, as it is held that the Constitution, as framed in broad terms, allows the elected government to adopt a structure for economic governance which would sub-serve the policies for which it is accountable to the electorate. Indian economy has transitioned from the dominance of public investment to the co-existence of public and private investment. 7 The fact that the writ petitions were filed in 2020, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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