Published on 16 Mar 2025
The Supreme Court recently reaffirmed that secularism is a “core feature” of the Constitution which has been held to be a part of the basic structure.
• The remarks came in the backdrop of a bunch of petitions challenging the inclusion of the words secularism and socialism in the Preamble by way of the 42nd Amendment in 1976.
• Petitioners allege that amending the constitution which was originally adopted in 1949 is arbitrary.
• Even the 42nd amendment did not amend the date (twenty-sixth day of November, 1949) which makes a wrong implication that these words were part of the original constitution.
The court opined, however, that the right to equality and the word ‘fraternity’ used in the preamble to the Constitution indicated secularism as the core feature of the Constitution.
• Originally, the text of the Preamble declared India as a ‘sovereign, democratic republic’. The words ‘socialist’, ‘secular’ were inserted between ‘sovereign’ and ‘democratic’.
Indian Judiciary
Judgements of SC
secularism
42th amendment act
preamble
basic structure