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Secular Socialist Remain in Preamble: SC

Secular Socialist Remain in Preamble: SC

Source: PIB
GS II: Indian Constitution


Overview

Source: Freepik.com
  1. News in Brief
  2. About the Petitions
  3. Article 368 Of Indian Constitution

Why in the News?

Secular, socialism is an inalienable part of the Constitution, to stay in the Preamble, orders SC.

News in Brief

  • The order was based on a batch of petitions filed in 2020.
  • Challenging the validity of including socialists and secular in the Preamble through the 42nd Constitution Amendment in 1976.
About the Petitions and Judgement

Arguments by petitioners

  • These writ petitions seek to challenge the insertion of the words socialist and secular in the Preamble to the Constitution of India.
  • India has developed its own interpretation of secularism, wherein the State neither supports any religion nor penalizes the profession and practice of any faith.
  • Forty-second Amendment is vitiated and unconstitutional as it was ‘passed’ during the Emergency on November 2, 1976.
    • It is argued, that there was no will of the people to sanction the amendments.

Court Judgement

  • The words ‘socialist’ and ‘secular’ became integral to the Preamble.
  • The word ‘secular’ was explained as denoting a republic that upholds equal respect for all religions.
  • Socialist’ was characterized as representing a republic dedicated to eliminating all forms of exploitation—whether social, political, or economic.
  • Constitution Bench judgments in Kesavananda Bharati v. State of Kerala1 and S R Bommai vs Union of India have observed that secularism is a basic feature of the Constitution.
  • R C Poudyal v. Union of India the Court elucidated that although the term ‘secular’ was not present in the Constitution before
    its insertion in the Preamble by the Constitution (Forty-second Amendment) Act, 1976, secularism essentially represents the nation’s
    commitment to treat persons of all faiths equally and without discrimination.
Article 368 Of Indian Constitution

  • Article 368 of the Indian Constitution deals with the procedure for amending the Constitution.
  • This article outlines the process by which amendments to the Constitution can be made.
Types of Amendment
  1. Amendment by a simple majority of the Parliament,
  2. Amendment by a special majority of the Parliament, and
  3. Amendment by a special majority of the Parliament, and the ratification of half of the state legislatures.

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