The Supreme Court of India 
India

Supreme Court Upholds Constitutional Validity of 'Socialist', 'Secular' in Preamble

Court upholds Parliament's authority to amend Constitution, including Preamble

The Mooknayak English

New Delhi - The Supreme Court of India on Monday dismissed petitions challenging the inclusion of the words "Socialist" and "Secular" in the Preamble of the Indian Constitution. The bench, led by Chief Justice of India Sanjiv Khanna, upheld Parliament's authority to amend the Constitution, including the Preamble.

The court has previously affirmed secularism as a core feature of the Constitution, emphasizing a consistent line of rulings that recognize secularism as integral to the Constitution's basic structure.

The petitions, challenging the 42nd Constitution Amendment Act of 1976, argued that the amendment contradicts India's historical and cultural identity, citing the "historical and cultural theme of the Great Republic of Bharat, the oldest civilization of the world." One plea asserted that the concepts of "Dharma" and "religion" differ fundamentally, and that imposing the Communist theory of state on India is inappropriate and insensitive to the nation's religious sentiments and socioeconomic realities.

The petitioners questioned the constitutionality of compelling citizens to be secular while guaranteeing freedom of religion under Article 25. They urged the court to clarify that the Preamble's use of "Socialism" and "Secularism" pertains solely to the state's sovereign functions and not to citizens, political parties, or social organizations. The petitioners also argued that unlike France and other countries with secular governments that do not involve themselves in religious matters, the Indian Constitution empowers the state to engage in religious matters, granting special rights to religious minorities under Article 30.

The pleas also challenged the inclusion of these terms in the Representation of the People Act, 1951, which mandates that political parties seeking registration with the Election Commission must demonstrate allegiance to the Constitution, "the principles of 'Socialism' and 'Secularism', democracy, and upholding India's sovereignty and integrity."

(Source- IANS)

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