The Indian Parliament has plenary powers to amend the Constitution as per Article 368 of the

Constitution. An amendment passed by both the Houses, signed by the President and notified in the
Official Gazette becomes a law. The judiciary can exercise no control or interfer with this law-making
process. No panel of the SC exists to sign amendments of the Parliament.

The words

Socialist and Secular were added by the Indira Gandhi-led Government in 1976 by virtue of the 42nd
Constitutional Amendment.

Role of the SC

The SC cannot introduce a new law in the Constitution or make amendments. The power extends only
to:

Striking down any law that violates fundamental rights or the basic structure of the Constitution.

Interpretation of the Constitution.

Limitations to Parliamentary Law-Making

Alqama has rightly highlighted the basic structure doctrine. The power of amendment of the Parliament
is limited by these bedrock principles, which inter alia include:

Secularism.

Democratic Republic.

Separation of power.

Independence of the judiciary.

Judicial Review.

Sovereignty of the State.

Equality before law.

Welfare State.

Free speech.

Supremacy of the Constitution.

The Parliament cannot introduce a law or make amendments that violate any of the above evolving
principles.

Amendment to the Preamble

The controversy stirred up by the Media and the subsequent remarks by Minister of I&B Ravi Shankar
Prasad are nothing to be scared of. Though amendments may be made to the Preamble, they do not
affect the rights of citizens. Removing the words would be of little significance too. The principles of
secularism are deeply embedded in the Constitution and part of the philosophy of the State.

The veteran politician is aware of the futility of his actions. Any such amendment would also bring in
criticism. He would be better off steering clear of any such move.