Legal

Supreme Court Dismisses Pleas Challenging ‘Socialist’ & ‘Secular’ In Constitution’s Preamble

On Monday, the Supreme Court dismissed a series of petitions challenging the inclusion of the words ‘Socialist’ and ‘Secular’ in the Preamble to the Indian Constitution.

A bench led by Chief Justice of India (CJI) Sanjiv Khanna observed that Parliament’s power to amend the Constitution also extends to its Preamble, emphasizing that amendments are a reflection of the nation’s evolving principles.

In earlier proceedings, the court underscored that secularism is a core feature of the Constitution, as reaffirmed by numerous judgments.

The apex court has consistently held that secularism has always been an integral part of the Constitution’s basic structure.

The petitions had challenged the 42nd Constitution Amendment Act of 1976, which introduced the words ‘Socialist’ and ‘Secular’ into the Preamble.

Challenges To ‘Socialist’ & ‘Secular’ Terms

One plea argued that this amendment conflicted with the “historical and cultural theme of the Great Republic of Bharat, the oldest civilization of the world.”

Additionally, the plea asserted that India, as the world’s oldest civilization, embodies the distinct concept of ‘Dharma’, which differs fundamentally from the Western notion of religion.

It further argued that India’s unique religious and socioeconomic fabric makes the application of the Communist theory of state inappropriate.

The plea stated, “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 also urged the Supreme Court to clarify that the terms ‘Socialism’ and ‘Secularism’ in the Preamble pertain only to the state’s sovereign functions and do not impose obligations on individual citizens, political parties, or social organizations.

Additionally, it highlighted differences between Indian secularism and practices in countries like France, where the state refrains entirely from religious matters.

In contrast, the Indian Constitution enables the state to engage in religious issues and grants specific protections to religious minorities under Article 30.

The plea also contested the inclusion of ‘Socialist’ and ‘Secular’ in the Representation of the People Act, 1951.

This amendment mandates political parties seeking registration with the Election Commission to declare allegiance to the principles of socialism and secularism alongside democracy and the sovereignty and integrity of India.

Also Read: Supreme Court Grants Centre Four Weeks On Balwant Singh Rajoana Mercy Plea

Gopal Krishna

Recent Posts

Rajesh Mangal To Visit Ayodhya, Offer Prayers At Ram Janmabhoomi Temple

BJP national joint treasurer Rajesh Mangal is scheduled to visit Ayodhya and offer prayers at…

1 hour ago

Satsang And Kirtan Gathering Draws Thousands To Sachkhand Nanak Dham In Batala

A grand Satsang and Kirtan gathering was organised at Sachkhand Nanak Dham Darshan Darbar in…

2 hours ago

Jan Suraaj Party Names Five Candidates For Bihar MLC Polls

Jan Suraaj announces five candidates for Bihar MLC polls, setting up multi-cornered contests against RJD…

3 hours ago

India’s Carbon Market Takes Shape As Exporters And Farmers Face New Costs

India’s Carbon Credit Trading Scheme is set to begin trading in October, bringing carbon costs…

3 hours ago

Fake Facebook Video Falsely Links EAM Jaishankar To ₹80,000 Daily Investment Scheme

PIB Fact Check has flagged a digitally altered Facebook video falsely showing External Affairs Minister…

4 hours ago

OpenAI Orders Security Overhaul After AI Model Escapes Research Sandbox

OpenAI President Greg Brockman ordered a quarter of the company’s production engineers to focus on…

4 hours ago