Secularism Inherent in Constitution, Removing the Word Won't Alter Equality: Former Justice KM Joseph

Former Supreme Court Justice KM Joseph affirmed on Thursday that the Indian Constitution inherently embodies secularism as a fundamental feature, irrespective of whether the term 'secularism' is explicitly mentioned in the preamble. Delivering a lecture for the Kerala High Court Advocates' Association, Justice Joseph emphasized that Articles 14, 15, 16, and 21, which guarantee equality before the law, prohibition of discrimination, equality of opportunity, and the right to life, respectively, inherently uphold secular values. He argued that removing the word "secular" from the preamble would not impact the equality safeguarded under these articles.

"If you remove the word secular from the preamble does it mean that suddenly equality under these Articles will cease to exist? No," Justice Joseph asserted. He rejected the notion that eliminating the term "secularism" from the preamble would negate its essence.

During the lecture, Justice Joseph highlighted that the debates on the preamble occurred after incorporating Article 25, addressing the freedom of religion, into the Constitution. Despite failed attempts to introduce the term "secularism" during the discussions, he emphasized that secularism was still considered a fundamental feature of the Constitution.

"You cannot eliminate secularism merely by removing that one word (secularism) from the preamble," he underscored. Justice Joseph reiterated that the Supreme Court has previously declared secularism as one of the basic features of the Constitution.

Author: Anushka Taraniya

News Writer, MIT ADT University