Debate Over Constitution's Preamble Sparks Legal Battle
The Supreme Court of India is deliberating a legal challenge against the inclusion of 'socialist' and 'secular' in the Preamble to the Constitution, introduced during the 42nd Amendment in 1976. Petitioners argue these terms alter foundational principles, but the court maintains secularism as core to the Constitution.
The Supreme Court on Monday reaffirmed that secularism is a fundamental element of the Indian Constitution's structure as it considers challenges to the 1976 amendment of the Preamble, which added the words 'socialist' and 'secular'.
A bench of Justices, led by Sanjiv Khanna and Sanjay Kumar, is examining petitions filed by former MP Subramanian Swamy and others who argue against these additions, claiming they were not part of the original founding fathers' debated vision.
The court, however, emphasized that secularism has always been an integral part of the Constitution, citing its alignment with the right to equality and fraternity. The bench is set to further deliberate on the matter, questioning the notion of amending the Preamble retroactively.
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