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.
On Constitution Day, Congress leader Rahul Gandhi launched a scathing attack on Prime Minister Modi, accusing him and the RSS of working against the principles of the Indian Constitution. He stressed the importance of understanding and upholding its values, and reiterated Congress' commitment to conducting caste-based censuses in states where they are in power. Gandhi also highlighted the need for representation of marginalized communities in fields like education and media to dismantle systemic discrimination.
The results of the by-elections for nine assembly seats in Uttar Pradesh held on November 20 this week have been declared, with the NDA-BJP alliance securing a majority of seats. The ruling party’s dominance in the state has been reaffirmed with Chief Minister Yogi Adityanath attributing the victory to Prime Minister Narendra Modi’s leadership and their commitment to security, good governance, and public welfare. The Samajwadi Party’s win in the Sisamau seat has been the only exception to the BJP-RLD alliance’s success.
The state government of Punjab has issued a show cause notice to the Lovely Professional University (LPU) for violating government orders to shut down due to the COVID-19 pandemic. The notice, issued on Thursday, asks LPU to explain within seven days why their no objection certificate should not be revoked for endangering the lives of 3,200 people. Despite orders from the higher education minister to suspend teaching activities, LPU continued to function, ignoring social distancing norms and keeping the district administration in the dark.
After the Mahayuti alliance's landslide victory in Maharashtra Assembly elections, current Chief Minister Eknath Shinde has submitted his resignation to the Governor. As the term of the current government ends today, Shinde will serve as caretaker CM until a new leader is sworn in. All eyes are on who will secure the CM post, with BJP MLAs supporting Fadnavis. Meanwhile, rituals and pujas are being conducted in over 100 temples for Shinde's continuation as CM in the Mahayuti 2.0 government yet to be formed.
Following the landslide victory of the Mahayuti coalition in Maharashtra, Eknath Shinde has resigned as Chief Minister and been appointed as caretaker by the Governor. However, the suspense over who will be the next chief minister continues as the Aghadi alliance's dream to wrest power has been shattered. Despite their thumping victory, the Mahayuti coalition has been delayed in forming the government due to the Shiv Sena's insistence on Shinde continuing as chief minister.
Six people, including security personnel, have been killed and over 100 injured as protests turned violent in Islamabad. The government has deployed the army and ordered them to shoot on sight. The protests, demanding the release of ex-PM Imran Khan, come amidst political tension in the country. Opposition leader Rahul Gandhi also invoked the Constitution in a recent speech, suggesting that the issue may play a role in the 2024 elections.
The Supreme Court of India has rejected three petitions requesting the removal of the words 'secular' and 'socialist' from the Indian Constitution's Preamble. The Bench, headed by Chief Justice of India Sanjiv Khanna, stated that the power of Parliament to amend the Constitution extends to the Preamble as well. The court also clarified that the terms 'secular' and 'socialist' are integral to the Constitution and do not restrict the government's economic policies or private initiatives.
As India celebrates the 75th anniversary of its Constitution, the political scene is abuzz with discussions on its teachings and values. The Congress has requested two days in Parliament to discuss the document, while President Droupadi Murmu stressed its significance in a joint sitting. The Supreme Court also upheld the validity of ‘secular’ and ‘socialist’ in the Preamble, with Vice President Jagdeep Dhankhar emphasizing the need for constructive dialogue to uphold the sanctity of our democratic institutions and promote informed citizenship.
In a special event held at the Rashtrapati Bhavan, President Droupadi Murmu paid tribute and recognized the crucial contributions of 15 women members of the Indian Constituent Assembly in shaping the country's constitutional framework. During her address, President Murmu highlighted the significant impact of these women in ensuring gender equality and representation in the democratic process, and their tireless efforts in making the Constitution inclusive and progressive. This event serves as a powerful reminder of the remarkable women who have played a pivotal role in shaping the destiny of India.
After the term of the Maharashtra state assembly came to an end, Chief Minister Eknath Shinde stepped down from his post. However, he will continue serving as the caretaker CM until the Mahayuti alliance decides on new leadership. The political decision has sparked discussions and speculations about who will take over as the new CM.