The Supreme Court of India recently rejected attempts to challenge the terms 'secular' and 'socialist' in the Preamble of the Indian Constitution.
Some right-wing groups have long opposed the term 'secular', arguing that it creates a "pseudo-secular" polity by requiring the state to be neutral towards all religions and to protect minorities.
The framers of the Constitution believed that the principles of equality, freedom of religion, and non-discrimination inherently made India secular.
Dr. B.R. Ambedkar had opposed adding 'socialist' to the Preamble, fearing it would limit future economic policies, so it was not initially included in 1949.
42nd Amendment (1976): The terms 'secular' and 'socialist' were added to the Preamble during the Emergency, through the controversial 42nd Amendment, but this was 44 years ago.
In S.R. Bommai (1994), the Supreme Court declared that secularism is a basic feature of the Constitution, meaning it cannot be changed.
The Court clarified that secularism means the state treats all religions equally, without supporting or penalizing any.
The term 'socialist' represents economic and social justice, ensuring that no citizen is disadvantaged by their economic or social status.
The Court emphasized that the inclusion of these terms during the Emergency does not invalidate them, as their addition was debated in Parliament in 1978.
The ruling reaffirmed that these terms are fundamental to India’s identity and governance.
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