On Monday, the Supreme Court rejected a number of petitions contesting the use of the terms “Socialist” and “Secular” in the Indian Constitution’s Preamble.
According to a bench led by Chief Justice of India (CJI) Sanjiv Khanna, the Parliament has the authority to change the Preamble as well.
Secularism has been seen as a fundamental aspect of the Constitution, the top court stated in a previous hearing, adding that a string of rulings from the highest court have always maintained that secularism has always been a component of the fundamental framework.
The 42nd Constitution Amendment Act, 1976, which added the terms “Socialist” and “Secular” to the Constitution’s Preamble, has been the subject of numerous petitions before the Supreme Court.
According to one petition, the “historical and cultural theme of the Great Republic of Bharat, the oldest civilisation of the world” would be violated by such a modification.
It further argued that the Communist theory of state, which has been a complete failure and is out of step with religious feelings and socioeconomic situations, cannot be used in the Indian setting, and that the concept of “Dharma” is distinct from the concept of religion.
“How can the citizens of India be compelled to be secular when they have the Fundamental Right to Freedom of Religion under Article 25 of the Constitution of India to freely profess, practice and propagate religion,” the petition said.
The plea asked the Supreme Court to rule that the terms “Socialism” and “Secularism” found in the Constitution’s Preamble refer to the nature of the Republic and are only applicable to the state’s sovereign function; they do not apply to individuals, political parties, or social organizations.
The plea argued that while the Indian Constitution itself gives the state the authority to deal with religious issues and grants certain special rights to religious minorities under Article 30, a secular government never gets involved in religious matters in France or some other countries.
Additionally, the petition contested the addition of the terms “Socialist” and “Secular” to the Representation of the People Act, 1951, which required political parties registering with the Election Commission to include a specific clause in their memorandum stating that they would be true to the Constitution and “to the principles of ‘Socialism’ and ‘Secularism’ and democracy and would uphold the sovereignty and integrity of India.”
Read Also: Sambhal Violence: Cops Name Samajwadi Party MP, MLA’s Son As Accused; FIR Filled
