Secularism always held to be part of Constitution: SC on plea challenging amendment to Preamble
The right to equality and use of the word ‘fraternity’ is a clear indication that it has been a core constitutional feature, the bench said.
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The Supreme Court on Monday said that secularism has always been held as a part of the basic structure of the Constitution, Live Law reported.
A bench of Justices Sanjiv Khanna and Sanjay Kumar made the verbal observation while hearing petitions by an individual Balram Singh, and Bharatiya Janata Party leaders Subramanian Swamy and Ashwini Kumar Upadhyay, challenging the inclusion of the words “socialist” and “secular” in the Preamble to the Constitution through the 42nd amendment in 1976.
“There are a number of judgments of this court which hold that secularism was always part of the basic structure of the Constitution,” Khanna said, according to Live Law. “If one looks [at the] right to equality and word fraternity used in the Constitution as well as the rights under Part III, there is a clear indication that secular has been held as the core feature of the Constitution.”
Khanna noted that in contrast to the French model of secularism, India had embraced a distinct approach.
“You don’t want India to be secular?” Khanna asked the petitioners during the hearing.
In response, advocate Vishnu Shankar Jain, representing Singh, replied: “We are not saying that India is not secular. We are challenging this amendment.”
Jain added that BR Ambedkar, the architect of India’s Constitution, believed that the inclusion of the word...
