Secular Socialist Remain in Preamble: SC
Source: PIB
GS II: Indian Constitution
Overview
- News in Brief
- About the Petitions
- 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
- Amendment by a simple majority of the Parliament,
- Amendment by a special majority of the Parliament, and
- Amendment by a special majority of the Parliament, and the ratification of half of the state legislatures.
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