Preamble's Original Tenets Reflect Secular Ethos; Secularism Part Of Constitution's Basic Structure : Supreme Court

The Supreme Court today (November 25), while dismissing the challenge to the insertion of the terms 'Secular' and 'Socialist' in the Preamble, observed that the Constitution's Preamble in its original form also reflected secular ethos even before the passing of the 42nd Amendment in 1976 which inserted these words. 

The bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar dismissed a batch of petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution as per the 42nd Amendment passed in 1976.

The Court in its order observed that at the time of adoption of the Constitution in 1949, the term Secular was not objectively defined. Yet, the original tenets as enshrined in the preamble of  "equality of status and opportunity; fraternity, ensuring individual dignity—read alongside justice - social, economic political, and liberty; of thought, expression, belief, faith, and worship, reflect this secular ethos."  

The essence of Secularism can also be seen in the fundamental rights of the Constitution under Articles 14, 15 and 16 - "which prohibit discrimination against citizens on religious grounds while guaranteeing equal protection of laws and equal opportunity in public employment." 

The same is also found in the essence of Articles 25, 26,29,30 and 44.

"Article 25 guarantees all persons equal freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, health, other fundamental rights, and the State's power to regulate secular activities associated with religious practices.

Article 26 extends to every religious denomination the right to establish and maintain religious and charitable institutions, manage religious affairs, own and acquire property, and administer such property in accordance with law. Furthermore, Article 29 safeguards the distinct culture of every section of citizens, while Article 30 grants religious and linguistic minorities the right to establish and administer their own educational institutions. Despite these provisions, Article 44 in the Directive Principles of State Policy permits the State to strive for a uniform civil code for its citizens."

The Country, however, over the course of years, embodied its own definition of secular, one that fit the diverse nature of India. The Court observed, "Over time, India has developed its own interpretation of secularism, wherein the State neither supports any religion nor penalizes the profession and practice of any faith." 

Notably, the Court also referred to several landmark decisions which upheld secularism as part and parcel of the Preamble and Constitution. These included - Kesavananda Bharati v. State of Kerala and S R Bommai vs Union of India where the court  observed that secularism is a basic feature of the Constitution. In R C Poudyal v. Union of India , the Court elucidated that although the term 'secular' was not present in the Constitution before its insertion in the Preamble by the Constitution (Forty-second Amendment) Act, 1976, secularism essentially represents the nation's commitment to treat persons of all faiths equally and without discrimination. 

Other reports about the judgment can be read here.

Case Details : Balram Singh v. Union of India, W.P.(C) No. 645/2020, Dr. Subramanian Swamy v. Union of India, W.P.(C) No. 1467/2020 and Ashwini Upadhyaya v. Union of India, MA 835/2024

Citation : 2024 LiveLaw (SC) 917

Click here to read the judgment