New Delhi:The Supreme Court on Monday said that the term “secularism” is part of the Constitution's basic structure and there are a number of judgments, which make it clear that it has been given a status of unamendable portion as it is part of basic structure.
The apex court was hearing a batch of petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution. Petitions’ have been filed by Balram Singh, senior BJP leader Subramanian Swamy, and advocate Ashwini Kumar Upadhyay challenging the amendment to the Preamble. The matter came up before a bench comprising justices Sanjiv Khanna and Sanjay Kumar.
Justice Khanna said: “There are a number of judgments where we have said that secularism is part (of the basic structure)… and, in fact, it has been given a status of unamendable portion as basic structure. There are a number of judgments, if you want, I can cite them…”
The judge emphasised that if one looks at the right to equality and word fraternity used in the Constitution as well as the rights under Part III, there is a clear indication that secularism has been held as the core feature of the Constitution.
He said, “As far as secularism, when the Constitution was adopted and discussion was going on we only had the French model. The way we have evolved it is something different. The rights we have given….we have balanced it out”.
“Word socialist, of course, if you go by Western concept, it has a different connotation but we have not followed that. We are very happy with changes which have taken place…the economic growth which has taken place…”, the judge said.
Preamble needs rectification: Swamy
Swamy said the Preamble has a date of November 26, 1949, and what has been appended is not in consonance to that and that has to be rectified.
“The Preamble is not correct in the sense of saying…in our constituent assembly November 26, 1949 ... additions should have been as a separate paragraph,” Swamy said.
Khanna said amendments are always made and there are amendments in the Constitution, and the amendment portion is put in brackets. “Everybody knows about the 42nd amendment….there were other amendments also made in the Constitution,” he said.
Swamy said the Preamble can be in two parts, one which has the date and the other which may have the other date, and that is permissible.