SC declines to order status quo on illegal demolition of Muslim places of worship in Gujarat
New Delhi (PTI): The Supreme Court on Friday declined to order a status quo on alleged illegal demolition of Muslim places of worship and other structures at Gir Somnath in Gujarat.
A bench of Justices B R Gavai and K V Viswanathan was initially inclined to order the status quo.
However, as the hearing progressed, the bench said no such order was needed at this stage.
At the outset, senior advocate Kapil Sibal, appearing for a Muslim party, said the properties were on the Waqf land and the state government be directed not to create any third party rights.
Solicitor General Tushar Mehta, appearing for the Gujarat government, said there was nothing in the name of the petitioner Auliya-E-Deen Committee and it is a government land.
The top court was hearing a contempt petition against Gujarat authorities for allegedly illegally demolishing residential and religious structures in the state despite an interim stay and without its prior nod.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
SC upholds inclusion of ‘secular, socialist’ in Preamble of Constitution
New Delhi: The Supreme Court on Monday upheld the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble of the Constitution, confirming their retrospective application from November 26, 1949. The court ruled that the power to amend the Constitution under Article 368 extends to the Preamble, which is an integral part of the document.
A Bench led by Chief Justice of India Sanjiv Khanna stated, “The power under Article 368 cannot be curtailed. It will equally apply to the Preamble.” The 42nd Constitutional Amendment, which introduced these terms in 1976 during the Emergency, was challenged on grounds of its retrospective application and the lack of states’ ratification.
The petitioners, including BJP leader Subramanian Swamy, argued that the amendment forced a particular economic theory on the nation and violated the original intent of the Constitution. Advocate Ashwini Kumar Upadhyay contended that the Preamble reflects the will of the people at the time of adoption in 1949 and is therefore unalterable.
The court dismissed these objections, affirming that both socialism and secularism are part of the Constitution's Basic Structure. The Bench clarified that socialism refers to a welfare state ensuring equality of opportunity without negating private sector participation or individualism. It emphasised that secularism is embedded in the Constitution, particularly in the principles of equality and fraternity.
Chief Justice Khanna remarked, “Secularism has always been a core feature of the Constitution.” He added that the amendment did not impose socialism as dogma but aligned with the welfare goals enshrined in various constitutional provisions.
