[ad_1] Author: Rajesh ChaudharyThe Supreme Court put an end to the ongoing controversy over adding the words secular and socialist in the Preamble of the Indian Constitution. The petition related to this was recently rejected by the Supreme Court. During the Emergency in 1976, the words secular and socialist were added to the Preamble through a constitutional amendment. Questions were raised regarding this before the apex court. The Supreme Court has already ruled on these questions many times and said that secularism is a fundamental part of the Constitution. bone of contentionThe word secular was not in the original preamble of the Constitution. An amendment proposal was introduced in the Constituent Assembly to add the words secular and socialist. But that proposal was rejected. Then only 'sovereign, democratic republic' was written in the preamble of the Constitution. In this form the Constitution was implemented on 26 January 1950. Later, during the government of Indira Gandhi, through an amendment in 1976, 'Sovereign, Socialist, Secular Democratic Republic' was written in the Preamble of the Constitution. This amendment was challenged in the court, which was rejected by the Supreme Court last week. Not only this, the court also refused to send the case to a larger bench. Parliament has the rightThe Supreme Court said that the Parliament has the right to amend the Preamble of the Constitution also. he/she has this right under Article 368. The court said that the amendment process cannot be invalidated after 44 years. The court said that secularism is a fundamental feature of the Constitution. Essentially, the idea of secularism represents an aspect of the right to equality, which is deeply woven into the basic fabric reflecting the patterns of the constitutional framework. Explanation of secularismIndia has developed its own interpretation of secularism over time, in which the state neither endorses nor prohibits the observance and practice of any religion. The court clarified that socialism in the Indian context also does not mean forcing people to adopt specific economic policies. Socialism simply means the state's commitment to ensure equal opportunities for all citizens in the form of a welfare state. important decisionsIn the historic judgment given in 1973 in the Keshavananda Bharati vs Kerala case, a 13-judge Constitution bench of the Supreme Court had defined the basic structure of the Constitution. The court had said that the basic structure cannot be tampered with. Similarly S.R. In the Bommai vs Central Government case, the Supreme Court had made it clear that secularism is the cornerstone of the Constitution of India. R.C. In the Paudyal vs Central Government case, the Supreme Court said that from the very beginning the intention of the Constitution was to give equal respect to all religions and to treat them without discrimination. In the case M. Ismail Farooqui vs. Central Government, the Supreme Court ruled that the State has no religion and all individuals have the right to freedom of religion. Aspect of right to equalitySecularism is an important element of India's constitutional system. It is considered an aspect of the right to equality, which is embedded in the fabric of the basic structure of the Constitution. But a question has always been raised that the way the words secular and socialist were inserted in the Preamble through constitutional amendment, can they be removed through constitutional amendment in the same way? cannot be tampered withLegal expert and senior advocate ML Lahoti says that now the word secular cannot be removed from the Preamble through constitutional amendment. In the Kesavanand Bharti case, the Supreme Court had said in 1973 that the Parliament has the right to amend the Constitution but it cannot tamper with the basic structure of the Constitution. The Supreme Court has said in many decisions that the Preamble is also a part of the basic structure. In such a situation, he/she cannot be teased now. Spirit and form of the ConstitutionIf we look at all the decisions of the Supreme Court and the Constitution, the spirit and format of the Constitution itself is secular. Articles 15, 16, 25, 26, 27, 28 and 29 are all articles related to fundamental rights and they are secular in nature. These include rights ranging from equality to religious freedom. In such a situation, the word secular cannot be removed even through constitutional amendment. basic featuresSecularism has always been a part of the basic structure of our Constitution. The apex court has said many times in its judgment that secularism was always a part of the basic structure of the Indian Constitution and is a part of it. If you look at the right to equality, brotherhood and fraternity have also been used there. This clearly sends the message that secularism is a fundamental feature of the Indian Constitution. Disclaimer: The views expressed above are those of the author [ad_2]
