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The Supreme Court of India has reaffirmed the foundational importance of secularism within the nation's constitutional framework. This declaration came during a hearing on a Public Interest Litigation (PIL) aiming to eliminate the terms 'secular' and 'socialist' from the Preamble to the Constitution. The court's stance strongly reinforces the principle of secularism as an integral component of the country's fundamental legal structure.
The PIL, filed by prominent BJP leader Dr. Subramanian Swamy and Balram Singh, challenged the 42nd amendment to the Indian Constitution, which was enacted during the Emergency period under Prime Minister Indira Gandhi's leadership. This amendment introduced the terms 'socialist' and 'secular' into the Preamble. The petitioners argued that the original Preamble, as it existed on November 26, 1949, was a definitive statement and that any subsequent amendment adding these words was arbitrary.
Justice Sanjiv Khanna, presiding over the case alongside Justice Sanjay Kumar, questioned the petitioners' motivation, stating, 'You don't want India to be secular?' The court further clarified that the term 'socialism' in this context does not necessarily align with its Western interpretation, emphasizing that it can also signify a commitment to equal opportunity and the equitable distribution of national wealth. Justice Khanna also pointed out that India's model of secularism differs from the French model, underscoring the unique nature of India's approach to this fundamental principle.
The court's judgment is significant for its reaffirmation of secularism as a defining principle of the Indian Constitution. This stance is backed by numerous past judgments, including the recognition of secularism as a core feature of the Constitution. The court's statement also emphasizes the importance of interpreting constitutional provisions in a manner that reflects the country's unique historical and social context.
The case continues to be heard, with the bench agreeing to a detailed examination of the issue. The next hearing is scheduled for November 18, 2023. The outcome of this case will have significant implications for the understanding and interpretation of India's constitutional framework, particularly regarding the principles of secularism and socialism as enshrined in the Preamble.
Source: 'You don't want India to be secular?': Supreme Court on Preamble amendment plea