SYNOPSIS : The amendment of the words “socialist” and “secular” into the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act, 1976. Although the change came 27 years after the Constitution was adopted by the Constituent Assembly, the Preamble retained the same date “November 26, 1949”.
The secularism is enshrined in the Constitution of India and declares to be a sovereign, socialist, secular, and democratic republic which provides equal treatment for all religions. This means that the state does not officially promote any particular religion and allows individuals the freedom to practice and propagate their religion of choice.
However, the practice of secularism in India has been a topic of debate and scrutiny due to various social and political factors.
In 1960, the Supreme Court of India originally stated in the Berubari case presidential reference that the preamble is not an integral part of the Indian constitution, and hence it is not enforceable in a court of law.
However, the same court, in 1973 Kesavananda case , over-ruled its earlier decisions and recognized that the preamble is a "Basic Structure" of the constitution and it may also be used to interpret ambiguous areas of the constitution where differing interpretations present themselves.
In the 1995 case of Union Government vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Constitution.
The amendment of the words “socialist” and “secular” into the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act, 1976. Although the change came 27 years after the Constitution was adopted by the Constituent Assembly, the Preamble retained the same date “November 26, 1949”.
A bench of Justices Sanjiv Khanna and Dipankar Datta took up a Public Interest Litigation (PIL) by BJP political leader Dr.Subramanian Swamy questioning the legality of the insertion of the two words by way of the constitutional amendment in 1976 without changing the date.
Further, Dr. Subramanian Swamy, contended that the two words 'secular' and 'socialist' by the then Prime Minister Indira Gandhi during the period of Emergency Imposed.
The Supreme Court on Friday wondered if the Preamble to the Constitution could have been amended while retaining the date when the Constitution was adopted.
The PIL contends that the Preamble comes with a specific date and, thus, could not be amended without discussion.
The court then fixed the matter for hearing next, in the week commencing April 29.
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