Tuesday, January 21, 2020

Secularism and Constitution of India

Secularism and Constitution of India

From an age long discussion secularism word have been highlighted frequently on media ,social media sites ,sometimes word secularism word from the Constitution of India is taken as the bases understanding what is correct and what is wrong happening in the country. In this article we will have a detailed study about this word (secular), who introduced it in Indian Constitution, Dr Bhim Rao Ambedkar views on secularism etc.


But before moving forward have a look on Preamble of Indian constitution which came in existence  in 1950
Image result for preamble of india in hindi

Preamble of Indian constitution in 1950(It doesn't have word secular in it.)

The preamble specifies the source of authority and the system of a government, the objectives to be attained by a political system and the date of the adoption and enactment of the Constitution. Though the Preamble is not enforceable in any court of law and generally, not considered a part of the Constitution, it provides a principle key understanding and interpretation of the Constitution; it has, therefore, been described as the soul of a Constitution. In case of any doubt the Supreme Court has referred to the Preamble to elucidate various aspects of the Constitution.  Now the question arises why the writer of constitution Dr. Bhim Rao Ambedkar didn't placed word secularism in it ,even Indian constitution give full access to practice every religion with its full freedom why DR Ambedkar do this??

  

 Dr B.R. Ambedkar was so opposed to the inclusion of word “secular” in the Constitution of India. The text of the Constituent Assembly Debates has been cited to argue that when Professor K.T. Shah proposed this inclusion of a word “secular”, Ambedkar also opposed this amendment. The politically motivated suggestion behind this development is that Ambedkar was not a supporter of a secular Constitution for India. According to him secularism can be a policy of a political party but not of a country.



The context of this word’s insertion into the Constitution is a reason enough to show it illegitimate. “Secular” was made a part of the Constitution’s Preamble by a infamous 42nd Amendment enacted during the Emergency. Then Prime Minister Indira Gandhi set up a committee in 1976 under the Chairmanship of the Minister of External Affairs of that time Swaran Singh. When most of the opposition leaders were in jail, the amendment severely curtailed the fundamental rights of Indian citizens and also imposed a number of fundamental duties upon them. Much of the 42nd Amendment has been rolled back through court verdicts and succeeding legislation in parliament, but the word secular remains in the draft.

Below is the Preamble of constitution after 42 constitution Amendment in 1976.
Image result for preamble of india after1976

Now the question arises why Indira Gandhi was in so much hurry to add this word in constitution, and when the most of the influential leader of oppositions were jail no one to oppose in Lok Sabha and Rajya Sabha ,the bill passed ,was it possible if this bill had a proper scrutiny in parliament if this was not an emergency?

Were this much of Government policies would have been opposed on the name of secularism??Wouldn't India have been a better place to live????





Read sensational and famous article--- Boss or Gandhi


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