tit bits on secularism

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Namaskar Mitra,

Did yu know that -

1. the Janata Party Government when in power 1977-79 had introduced a

Constitutional Amendment defining the word Secularism but by virtue of its

majority in the Rajya Sabha the Congress vetoed this proposed amendment.

2. In the Ayodhya Acquisition Case AIR 1995, Justice Ahmadi & Bharucha said

giving a judgment in favor of the Hindus on whether a temple there would amount

to being an unsecular decision. READ BELOW.

 

· An attempt was made to define the word Secularism vide constitutional

amendment 44. Quote from page 929 of Indian Constitutional Law by M P Jain

“CA42 had introduced into the preamble of the Constitution the terms ‘secular’

& ‘socialist’ without however defining or explaining the significance of these

terms. CB45 sought to define these terms. ‘Secular Republic’ was defined to

mean a ‘republic’ in which there is equal respect for all religions. This

definition clause did not appear in CA44. The reason for this: the Janata

Government had a large majority in the Lok Sabha but it was in a minority in

the Rajya Sabha. While the Lok Sabha passed CB45 as a whole, a few clauses had

to be omitted there from in the Rajya Sabha which were voted down by the

Congress Party”. Simply put the Congress did not agree to the definition of

Secularism being part of the Indian Constitution.

 

Pg 657 para 152 quote Justice Ahmadi & Bharucha, “The Act and the Reference, as

stated hereinabove, favor one religious community and disfavor another, the

purpose of the Reference is, therefore opposed to secularism & is

unconstitutional. Besides, the Reference does not serve a constitutional

purpose”. This is the perverse view of these two learned Judges that they would

not answer the Presidential Reference on the existence or otherwise of a Hindu

temple at the Babri structure because their decision favoring one religious

community & disfavoring another would not be secular. In simple words meaning

if they gave a judgment in favor of the Hindus it would not be a secular but

communal decision.

cheers & om

sanjeev

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