Supreme Court to Reevaluate Constitutional Amendment on Secularism

The Supreme Court affirmed that secularism is a core element of India's Constitution while reviewing petitions challenging the inclusion of 'socialist' and 'secular' in the Preamble via the 42nd Amendment. Concerns about altering the Preamble date back to the Indira Gandhi regime, raising questions on amending foundational language.


Devdiscourse News Desk | New Delhi | Updated: 21-10-2024 16:56 IST | Created: 21-10-2024 16:56 IST
Supreme Court to Reevaluate Constitutional Amendment on Secularism
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The Supreme Court has reiterated its stance on secularism, asserting its vital role in the foundational structure of the Indian Constitution. This reaffirmation came during hearings on petitions challenging the addition of the words 'socialist' and 'secular' to the Constitution's Preamble during the 1976 emergency.

Justices Sanjiv Khanna and Sanjay Kumar scrutinized the 42nd Amendment's implications, expressing concerns over altering a foundational document's wording. The court highlighted socialism's varied interpretations and stressed equality and resource distribution as its core tenets.

Petitioners, including Subramanian Swamy and Ashwini Upadhyay, argued that retrospective amendments to the Preamble distort its historical context. They claimed these changes opened the possibility for future administrations to manipulate constitutional terms, thus necessitating a thorough judicial review. The court will continue hearing the case on November 18.

(With inputs from agencies.)

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