The Supreme Court has rejected three petitions seeking to delete the words 'secular' and 'socialist' from the Preamble of the Constitution of India. The Court stated that the power to amend the Constitution extends to the Preamble and that the words were inserted in 1976 during a national emergency. The Court also clarified that the terms 'secular' and 'socialist' do not restrict economic policies and reflect the State's commitment to equality and welfare. The petitions were filed by former BJP leader Subramanian Swamy, advocate Ashwini Upadhyay, and Balram Singh.
Supreme Court Rejects Challenges to 'Secular' and 'Socialist' in Constitution's Preamble
The Supreme Court of India has dismissed three petitions seeking to delete the words "secular" and "socialist" from the Preamble of the Constitution. This landmark decision protects the foundational principles of the Indian Constitution and reaffirms the nation's commitment to a secular and egalitarian society.
Background
The Preamble to the Indian Constitution was adopted on November 26, 1949. It encapsulates the fundamental principles and aspirations of the Indian people. However, in 1976, during the Emergency declared by Prime Minister Indira Gandhi, the words "secular" and "socialist" were inserted into the Preamble. These amendments were challenged by critics who argued that they violated the basic structure of the Constitution.
Case Proceedings
The recent petitions seeking to remove the disputed terms were filed by former BJP leader Subramanian Swamy, advocate Ashwini Upadhyay, and Balram Singh. They contended that the words "secular" and "socialist" were alien to Indian culture and restricted economic policies.
The Court, however, rejected these arguments. The judges held that the power to amend the Constitution extends to the Preamble and that the disputed terms had been legitimately inserted during a valid national emergency.
Court's Reasoning
The Court emphasized that the terms "secular" and "socialist" do not prohibit free market policies or economic development. Instead, they reflect the State's commitment to equality, welfare, and the separation of religion and state.
The Court clarified that the word "secular" guarantees religious freedom and prohibits discrimination based on religion. It does not mean that India is an atheist state but rather that all religions are equally respected and protected.
Similarly, the Court explained that "socialist" signifies the State's responsibility to ensure social and economic justice for all citizens. It does not imply a specific economic ideology but rather a commitment to a fair and equitable society.
FAQs
Q1: Why were the words "secular" and "socialist" added to the Preamble? A1: They were added during the Emergency in 1976 to reinforce the principles of equality, welfare, and separation of religion and state.
Q2: Does the term "secular" mean that India is an atheist state? A2: No, it means that India is not affiliated with any particular religion and that all religions are treated equally.
Q3: Does "socialist" imply a specific economic ideology? A3: No, it reflects the State's commitment to social and economic justice for all citizens, regardless of their economic status.
Q4: Can the Preamble be amended? A4: Yes, the Preamble is part of the Constitution and can be amended through a special procedure involving a two-thirds majority in Parliament.
Q5: What does the Supreme Court's decision mean for the future of the Indian Constitution? A5: The decision affirms the Court's commitment to preserving the basic structure of the Constitution and the fundamental principles enshrined in the Preamble.
India's top court is currently hearing petitions challenging a 1991 law that aims to preserve the character and identity of religious places of worship as they existed on the country's independence in 1947. The law has been a subject of controversy due to its impact on the dispute over the Babri Masjid, which was demolished in 1992. While some argue that the law infringes on religious freedom and secularism, others defend it as crucial in safeguarding the places of worship of religious minorities in a predominantly Hindu country. The court's decision on the issue, expected in February, could have wider implications for religious tensions in India.
A Kolkata court has granted bail to the accused in the rape and murder case of a resident doctor, as the CBI failed to file charges within the 90-day period. The accused, former Principal Sandip Ghosh, still faces charges concerning financial irregularities at the medical college. The High Court has also ordered a probe into the alleged mishandling of key evidence by Ghosh. This comes after backlash over his resignation and immediate appointment as Principal of another college.
The two-day Constitution debate in Lok Sabha, as part of the Parliament's winter session, saw heated discussions between the ruling and opposition parties. With the 75th anniversary of India's Constitution adoption as the backdrop, top leaders from BJP and Congress sparred over constitutional matters. In other news, BJP's nominee Rekha Sharma was elected unopposed in the Rajya Sabha by-election from Haryana, with a promise to empower women.
India's External Affairs Minister, S. Jaishankar, addressed President-elect Donald Trump's recent statement about imposing tariffs on BRICS nations at the Doha Forum. Jaishankar emphasized the strong relationship between India and the US, particularly during Trump's first administration, and the revival of the QUAD alliance. He also emphasized the positive personal bond between Prime Minister Modi and Trump, and India's stance against de-dollarization. Jaishankar reiterated the importance of the US-India trade partnership and stated that there are no plans for a BRICS currency.
In a significant development, the Supreme Court granted bail to former Rajasthan MLA Giriraj Singh Malinga, who was accused of brutally attacking a Dalit engineer. Malinga, who was a Congress leader at the time of the incident but is now in the ruling BJP, surrendered following the SC's orders. The court has kept his Special Leave Petition pending and scheduled it for further hearing after his surrender. The accused had allegedly abused the engineer and caused him physical harm over a disagreement related to his constituency. The case has sparked controversy, with the state opposing Malinga's bail and the complainant citing concerns of intimidation and influence on public opinion.
Prime Minister Narendra Modi has kickstarted the preparations for Mahakumbh 2025 by inaugurating various developmental projects worth Rs. 5,500 crore in Prayagraj, Uttar Pradesh. These projects, including new roads, flyovers, ghats, and riverfront roads, aim to improve connectivity and provide better amenities for the expected influx of devotees during the event. Additionally, Modi also launched initiatives to clean the Ganga by intercepting, diverting, and treating drains that currently lead untreated water into the sacred river, fulfilling his vision for a "Swachh and Nirmal Ganga."
Following the tragic death of 34-year-old Atul Subhash, his father has come forward claiming that his son was driven to suicide due to ongoing disputes and corruption in the justice system. Atul's wife had filed multiple cases against him and his family, resulting in immense stress and turmoil. The deceased's brother also spoke out, alleging false cases and seeking action against those who mentally tortured his brother. This incident has sparked a larger conversation about how laws and provisions meant to empower women are being misused.
Mamata Banerjee's recent actions in promoting the fast-tracking of the Jagannath temple project in Digha, as well as her decision to select an ISKCON official to be a part of the temple's trustees, have caused outrage and criticism from opposition parties. This move by the West Bengal Chief Minister has sparked a heated political controversy, as some accuse her of using religious sentiments for political gain.
Eluru MP Putta Mahesh Kumar has urged Union Railway Minister Ashwini Vaishnaw to take action on several railway-related issues in the Eluru parliamentary constituency. These include the sanctioning of a new 96 km railway line connecting Andhra Pradesh and Telangana, modernization of Nuzvid railway station, and approval of a broad-gauge line via Sathupalli to connect Bhadrachalam and Kovvur. The MP highlighted the economic benefits of these projects, calling for their inclusion in the Union Budget 2025 and addressing rising construction costs due to delays. Additionally, he proposed halts for several express and passenger trains at various stations in the constituency to facilitate easy travel for pilgrims and boost the local economy.
The Indian government is pushing for simultaneous national and state elections by proposing two new articles, which could be put into effect as early as 2034. This timeline allows for proper planning and execution by the Election Commission, which would require up to three years to make necessary arrangements. However, according to EC sources, even this timeline may be cutting it too close. The proposed amendments also exclude any immediate plans for simultaneous local body elections, which would require further ratification and logistical considerations.