Question 1 · 10 marks · 226 words written
Opening · a date or context
Recent debates over inclusion of words like 'socialist' and 'secular' in Indian Constitutions preamble via 42nd Constitutional Amendment Act, 1976 have re-ignited the basic structure doctrine.
Body · points and prose
Basic structure doctrine in India
→ first stipulated by SC in Kesavananda Bharati Case 1973 → judicial innovation as a part of judicial interpretation of constitution. → socialist ideals which establish a welfare state were included in constitution even before amendment @ Article 38, 39 (DPSP) → secularism - has been part and parcel of India's 'principled distance' between state and religion. Article 25-28 (Right to Freedom of religion justifies it)
Judicial decisions that cemented these principles as cornerstone of constitutional identity
(1) S.R. Bommai Case, 1994 - SC affirmed secularism to be part of basic structure doctrine.
(2) LIC v/s Union of India Case, 1995 - SC further re-iterated 'secularism' as basic feature of Indian state.
(3) Abhiram v/s C.D. Commachen Case - State's domain is not to be mixed with religious activities. A candidate can't appeal for votes on the basis of religion.
(4) Shirur Mutt Case, 1954 - SC gave judgement about Essential Practices Doctrine.
(5) Balram Singh v/s UOI, 2024 - socialism and secularism are integral to Indian state.
Close
Socialism refers to welfare state that promotes equality of opportunity without harming private sector while secular state means neither having affinity nor disgust for religion.