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TMI Blog2024 (11) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... ulting in falsity as the Constitution was adopted on the 26th day of November 1949; the word 'secular' was deliberately eschewed by the Constituent Assembly, and the word 'socialist' fetters and restricts the economic policy choice vesting in the elected government, which represents the will of the people. Besides, it is submitted that the Forty-second Amendment is vitiated and unconstitutional as it was 'passed' during the Emergency on November 2, 1976, after the normal tenure of the Lok Sabha that had ended on March 18, 1976. Therefore, it is argued, that there was no will of the people to sanction the amendments. 2 The writ petitions do not require detailed adjudication as the flaws and weaknesses in the arguments are obvious and manife ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of secularism, wherein the State neither supports any religion nor penalizes the profession and practice of any faith. This principle is enshrined in Articles 14, 15, and 16 of the Constitution, which prohibit discrimination against citizens on religious grounds while guaranteeing equal protection of laws and equal opportunity in public employment. The Preamble's original tenets-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. Article 25 guarantees all persons equal freedom of conscience and the right to freely profess, practice, and propagate religion, subject to pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the expression secularism in the Indian context is a term of the widest possible scope. The State maintains no religion of its own, all persons are equally entitled to freedom of conscience along with the right to freely profess, practice, and propagate their chosen religion, and all citizens, regardless of their religious beliefs, enjoy equal freedoms and rights. However, the 'secular' nature of the State does not prevent the elimination of attitudes and practices derived from or connected with religion, when they, in the larger public interest impede development and the right to equality. In essence, the concept of secularism represents one of the facets of the right to equality, intricately woven into the basic fabric that depicts the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'socialist' came under scrutiny. Subsequently, this Bill was renumbered and called the Constitution Forty-Fourth Amendment Act 1978. The word 'secular' was explained as denoting a republic that upholds equal respect for all religions, while 'socialist' was characterized as representing a republic dedicated to eliminating all forms of exploitation-whether social, political, or economic. However, the said amendment as proposed to Article 366 was not accepted by the Council of States. No doubt, in Excel Wear v. Union of India and Others (1978) 4 SCC 224, this Court had held that the addition of the word socialist in the Preamble may enable the Court to lean more in favour of nationalization and State ownership of indus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e examination, as the constitutional position remains unambiguous, negating the need for a detailed academic pronouncement. This being the clear position, we do not find any justification or need to issue notice in the present writ petitions, and the same are accordingly dismissed.
8 Pending applications, including the applications for intervention, shall also stand dismissed.
Miscellaneous Application No 835 of 2024
1 The Miscellaneous Application is allowed. The Registry is directed to register the Writ Petition (Civil) Diary No. 14904 of 2024.
2 In view of the order passed in Writ Petition (Civil) No. 645 of 2020 and Writ Petition (Civil) No.1467 of 2020, the Writ Petition shall be treated as dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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