‘Don’t you want India to remain secular ?’ : SC asks the petitioners

Petition to remove words ‘Socialism’ and ‘Secularism’ from the Constitution’s Preamble

New Delhi – The Supreme Court asked advocate Vishnu Shankar Jain, “Don’t you want India to remain secular ?” during a hearing on 21st October 2024 regarding a petition seeking the removal of the words ‘socialist’ and ‘secular’ from the Constitution’s Preamble. Senior BJP leader Dr. Subramanian Swamy, BJP leader and advocate Ashwini Upadhyay, and advocate Vishnu Shankar Jain have filed this petition. The next hearing is scheduled for 18th November 2024.

1. During the hearing, Advocate Jain argued that in 1976, during Indira Gandhi’s regime, the words ‘socialist’ and ‘secular’ were added to the Constitution through the 42nd Amendment without holding any discussions in the Parliament. Therefore, these words should be removed from the Preamble.

2. In response, the Supreme Court stated that it has consistently held in various rulings that ‘secularism’ is an integral part of the Constitution’s basic structure. The use of the words ‘equality’ and ‘fraternity’ in the Constitution are clear indicators of secularism. Hence, it is necessary to include these words in the Constitution.

3. Dr. Subramanian Swamy argued that the Preamble of the Constitution was declared on 26th November 1949, and adding additional words later, through amendments, was inappropriate. He stated that the current Preamble falsely implies that on 26th November 1949, the Indian people accepted India as a socialist and secular republic. The Court said it would investigate the matter further.

“You don’t want India to remain secular?” : SC questions petitioners

👉 In India, due to the lack of a clear definition of ‘secularism,’ political parties have conveniently interpreted it as suppressing Hindus and appeasing Mu$|!m$, and have strengthened this interpretation in… pic.twitter.com/A8zpGNY6ri

— Sanatan Prabhat (@SanatanPrabhat) October 22, 2024

Western interpretation of the word ‘socialism’ is not appropriate : SC

The Court noted that Dr. B.R. Ambedkar had said that including the word ‘socialist’ would curtail individual freedom. Changes cannot be made to the Preamble. The term socialism has various interpretations. The Western definition of socialism should not be accepted. Socialism can also mean providing equal opportunities to all and equitable distribution of the nation’s wealth amongst its people.

Editorial Perspective

Due to lack of a clear definition of ‘secularism’, political parties in India have conveniently interpreted it as oppressing Hindus and appeasing Muslims. This convenient interpretation has been thrust upon people in the country, leading to injustice and atrocities against Hindus for the past 78 years. Hindus believe a decision on this issue is necessary to change this situation.