Source: This post on Supreme Court Declares Secularism as a Core Part of the Constitution has been created based on the article “Secularism is a core part of the Constitution: SC” published in The Hindu on 21st October 2024.
Why in news?
Recently, SC gave judgement with regard to secularism. This observation was made during the hearing of petitions, including one by former Rajya Sabha member Subramanian Swamy, challenging the inclusion of the words “socialist” and “secular” in the Preamble.
Judgment on Secularism and the Constitution
A bench emphasized that secularism is evident in the Constitution’s commitment to equality and fraternity.
The bench referred to previous rulings where secularism had been upheld as a core feature of the Constitution.
The Supreme Court reaffirmed that secularism is a fundamental and indelible part of the Basic Structure of the Indian Constitution.
Challenge to the 42nd Amendment
The 42nd AmendmentSecularism is a core part of the Constitution: SC made during Indira Gandhi’s government, introduced the words “socialist” and “secular” to the Preamble, alongside changing “unity of the nation” to “unity and integrity of the nation.”
Historical Context of the Amendment: The original Preamble described India as a “sovereign, democratic republic.” The inclusion of “socialist” and “secular” was enacted through the 42nd Constitution Amendment, which occurred during the Emergency period.
Kesavananda Bharati Case and the Preamble: The landmark Kesavananda Bharati case in 1973, adjudicated by a 13-judge bench, had declared the Preamble as an integral part of the Constitution. It also ruled that while the Preamble could be amended, such amendments could not alter the Basic Structure of the Constitution.
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