The Indian Supreme Court has rejected multiple petitions challenging the addition of the words "Socialist" and "Secular" in the Preamble of the Constitution. The Court, led by Chief Justice Sanjiv Khanna, stated that the Parliament has the power to amend the Constitution, including the Preamble. The Court also noted that secularism is a core feature of the Constitution and has been upheld in previous judgements. The petitions argue that the concept of "Dharma" and the failure of the Communist theory of state make the insertion inappropriate and that Indian citizens should not be compelled to be secular.
Supreme Court Upholds Parliament's Authority to Amend Constitution's Preamble
Background
The Preamble to the Constitution of India is a concise yet profound statement that sets forth the fundamental principles and aspirations of the Indian nation. Originally adopted in 1949, it has been amended several times over the years.
In 1976, during the Emergency period, the 42nd Amendment Act added the words "Socialist" and "Secular" to the Preamble. These additions aimed to reflect the nation's commitment to social justice and religious tolerance.
Recent Petition Challenges
In 2019, several petitions were filed in the Supreme Court challenging the validity of the 42nd Amendment. The petitioners argued that the addition of the words "Socialist" and "Secular" was inappropriate and violated the basic structure of the Constitution.
Supreme Court's Decision
In June 2022, a five-judge bench of the Supreme Court, led by Chief Justice Sanjiv Khanna, unanimously dismissed the petitions. The Court held that the Parliament has the power to amend the Constitution, including the Preamble. The Court also emphasized that secularism is a core value of the Constitution and has been consistently upheld by the judiciary.
Top 5 FAQs
1. What is the Preamble to the Constitution of India?
The Preamble is a brief statement that sets out the ideals and objectives of the Indian nation. It articulates the commitment to democracy, equality, liberty, and secularism.
2. When were the words "Socialist" and "Secular" added to the Preamble?
The words "Socialist" and "Secular" were added to the Preamble through the 42nd Amendment Act in 1976.
3. Why did the petitioners challenge the amendments?
The petitioners argued that the additions were inconsistent with the concept of "Dharma" and the failure of the Communist theory of state. They also claimed that citizens should not be compelled to be secular.
4. What did the Supreme Court rule?
The Supreme Court upheld the amendments, stating that the Parliament has the authority to amend the Constitution. The Court also affirmed the importance of secularism as a core value.
5. What is the significance of the Supreme Court's decision?
The decision confirms the Parliament's power to amend the Constitution and reinforces the principle of secularism as a fundamental aspect of India's constitutional framework.
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