Supreme Court Reaffirms Secularism and Socialism as Inalienable Parts of the Preamble
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The Supreme Court dismissed a petition to remove 'Secular' and 'Socialist' from the Preamble, upholding the 42nd Amendment. The ruling clarifies that Indian secularism signifies equal respect for all faiths and is a core component of the Constitution's Basic Structure.
The Supreme Court of India recently dismissed a petition challenging the inclusion of the words 'Socialist' and 'Secular' in the Preamble of the Constitution. These terms were added via the 42nd Constitutional Amendment Act in 1976. The court’s decision serves as a significant legal milestone, reinforcing the 'Basic Structure Doctrine' established in the landmark Kesavananda Bharati case (1973).
The petitioners argued that the Preamble, as originally adopted in 1949, did not contain these words and that their retrospective insertion was problematic. However, the bench emphasized that the Preamble is an integral part of the Constitution and is subject to the amending power of the Parliament under Article 368, provided it does not violate the Basic Structure. The court noted that secularism has been repeatedly held by various benches to be a core feature of the Indian constitutional identity, even before the formal inclusion of the word in the Preamble.
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