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Supreme Court Upholds 'Secular' and 'Socialist' UPSC NOTE

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  The Supreme Court of India recently rejected attempts to challenge the terms 'secular' and 'socialist' in the Preamble of...

 

  • The Supreme Court of India recently rejected attempts to challenge the terms 'secular' and 'socialist' in the Preamble of the Indian Constitution.

  • Some right-wing groups have long opposed the term 'secular', arguing that it creates a "pseudo-secular" polity by requiring the state to be neutral towards all religions and to protect minorities.

  • The framers of the Constitution believed that the principles of equality, freedom of religion, and non-discrimination inherently made India secular.

  • Dr. B.R. Ambedkar had opposed adding 'socialist' to the Preamble, fearing it would limit future economic policies, so it was not initially included in 1949.

  • 42nd Amendment (1976): The terms 'secular' and 'socialist' were added to the Preamble during the Emergency, through the controversial 42nd Amendment, but this was 44 years ago.

  • In S.R. Bommai (1994), the Supreme Court declared that secularism is a basic feature of the Constitution, meaning it cannot be changed.

  • The Court clarified that secularism means the state treats all religions equally, without supporting or penalizing any.

  • The term 'socialist' represents economic and social justice, ensuring that no citizen is disadvantaged by their economic or social status.

  • The Court emphasized that the inclusion of these terms during the Emergency does not invalidate them, as their addition was debated in Parliament in 1978.

  • The ruling reaffirmed that these terms are fundamental to India’s identity and governance.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Supreme Court Upholds 'Secular' and 'Socialist' UPSC NOTE
Supreme Court Upholds 'Secular' and 'Socialist' UPSC NOTE
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Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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