1. Facts of the Case
A proposal has been made to amend the Preamble of the Indian Constitution by deleting the word “secular”, which was inserted through the 42nd Constitutional Amendment Act, 1976. The term “secular” in the Preamble signifies that India has no official religion and that the State treats all religions equally, ensuring freedom of religion to all citizens under Articles 25 to 28.
The question arises whether Parliament, under its amending powers (Article 368). Can make such a change, especially when “secularism” forms a vital part of India’s constitutional identity and the Basic Structure of the Constitution.
2. Issues in the Case
- Whether the deletion of the word “secular” from the Preamble is constitutionally valid under Article 368?
- Whether secularism forms a part of the “Basic Structure” of the Indian Constitution, thereby making it immune from amendment?
- However, would the proposed amendment affect the fundamental rights and equality of citizens guaranteed under Part III of the Constitution?
3. Legal Principles Covered to Support Case Proceedings and Judgements
- Article 368 – Power of Parliament to Amend the Constitution:
Parliament has the power to amend any provision of the Constitution, including the Preamble. However, this power is not absolute and is subject to the Basic Structure Doctrine laid down by the Supreme Court. - Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225:
This landmark judgment established that Parliament cannot alter the basic structure or framework of the Constitution.- The Court held that the Preamble is a part of the Constitution.
- Secularism, democracy, rule of law, and supremacy of the Constitution are components of the basic structure and cannot be amended or removed.
- S.R. Bommai v. Union of India (1994) 3 SCC 1:
Additionally, the Supreme Court reaffirmed that secularism is a basic feature of the Constitution. The State must maintain equal respect for all religions. And no government can act in a manner that violates this principle. - Indira Nehru Gandhi v. Raj Narain (1975) Supp SCC 1:
Moreover, the Court again upheld that the basic structure cannot be destroyed even through a constitutional amendment, ensuring that certain core values remain unalterable. - 42nd Amendment Act, 1976:
Furthermore, this amendment added the words “Socialist,” “Secular,” and “Integrity” to the Preamble, emphasizing the vision of the framers and the evolving constitutional philosophy of India.
4. Possible Judgement
The proposed amendment to delete the word “secular” from the Preamble would be invalid and unconstitutional.
Reasoning:
- The Preamble reflects the basic ideals and philosophy of the Constitution.
- Secularism is an integral part of the basic structure, as recognized by the Supreme Court in Kesavananda Bharati and S.R. Bommai.
- Parliament, while having wide powers under Article 368, cannot destroy or alter the basic structure of the Constitution.
- Therefore, deleting “secular” would fundamentally change the character of the Indian State, violating the principle of equality and religious freedom guaranteed under Articles 14, 15, 25–28.
Hence, the proposal to delete the word “secular” from the Preamble is unconstitutional and invalid. It strikes at the very foundation of the Constitution’s basic structure doctrine.
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