NEW DELHI: The Supreme Court on Monday reiterated that secularism has become an integral and unamendable part of the Indian Constitution , while hearing a plea challenging the 42nd Constitutional Amendment of 1976, which introduced the terms "secular" and "socialist" into the Preamble .
SC declined to issue notice on a series of petitions seeking the removal of the terms "secular" and "socialist" from the Preamble, indicating that it would pass an order in the second half of November.
A bench headed by Justice Sanjiv Khanna stated that secularism is now a basic feature of the Constitution, making it unalterable under any circumstances.
SC said that concept of socialism and secularism have evolved over the time in the country and the court has in its various judgement allowed it even though the country adopted economic liberalisation.
During the hearing, the petitioners, represented by senior leaders, argued that the 42nd Amendment was introduced during the Emergency and pointed to the supersession of Justice HR Khanna, the senior-most judge at the time, as a significant event. Justice Khanna had famously dissented during the Emergency and was passed over for the position of Chief Justice.
"Socialism can also mean ensuring fair opportunities for all and promoting the concept of equality. Let's not interpret it through a purely Western lens—it can have a different connotation in the Indian context. The same applies to secularism," the court observed.
Justice Sanjiv Khanna, however, refused to delve into the controversy surrounding the amendment's timing and its political backdrop, stating that the issue was not the subject matter of the petition.
The court agreed to examine the argument put forth by one of the petitioners, BJP leader Subramanian Swamy, according to a Bar and Bench report. Swamy contended that the terms "secular" and "socialist" were inserted in 1976, and therefore, could not retroactively apply to the original Preamble, which was drafted in 1949.
Justice Sanjiv Khanna, who led the hearing, is the nephew of the late Justice HR Khanna. Justice Khanna is set to be elevated to the position of Chief Justice of India on November 11.
SC declined to issue notice on a series of petitions seeking the removal of the terms "secular" and "socialist" from the Preamble, indicating that it would pass an order in the second half of November.
A bench headed by Justice Sanjiv Khanna stated that secularism is now a basic feature of the Constitution, making it unalterable under any circumstances.
SC said that concept of socialism and secularism have evolved over the time in the country and the court has in its various judgement allowed it even though the country adopted economic liberalisation.
During the hearing, the petitioners, represented by senior leaders, argued that the 42nd Amendment was introduced during the Emergency and pointed to the supersession of Justice HR Khanna, the senior-most judge at the time, as a significant event. Justice Khanna had famously dissented during the Emergency and was passed over for the position of Chief Justice.
"Socialism can also mean ensuring fair opportunities for all and promoting the concept of equality. Let's not interpret it through a purely Western lens—it can have a different connotation in the Indian context. The same applies to secularism," the court observed.
Justice Sanjiv Khanna, however, refused to delve into the controversy surrounding the amendment's timing and its political backdrop, stating that the issue was not the subject matter of the petition.
The court agreed to examine the argument put forth by one of the petitioners, BJP leader Subramanian Swamy, according to a Bar and Bench report. Swamy contended that the terms "secular" and "socialist" were inserted in 1976, and therefore, could not retroactively apply to the original Preamble, which was drafted in 1949.
Justice Sanjiv Khanna, who led the hearing, is the nephew of the late Justice HR Khanna. Justice Khanna is set to be elevated to the position of Chief Justice of India on November 11.
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