A-G leaves out 'secular' in Law Day speech, says don't 'stretch' Constitution

'The original path set out by the Constitution makers was that of a 'Socialist Democratic Republic' .

November 26, 2015 06:01 pm | Updated November 27, 2015 01:15 am IST - NEW DELHI:

The heated debate in Parliament on the inclusion of the word ‘secular’ in the Preamble of the Constitution found an echo in the Supreme Court on Thursday with the Attorney-General dropping the word and calling India a ‘socialist democratic republic’ repeatedly in his speech.

Addressing the Law Day function on the Supreme Court lawns in the presence of Union Law Minister D.V. Sadananda Gowda, Chief Justice of India H.L. Dattu and Supreme Court judges, Attorney-General Mukul Rohatgi said the original path set out by the Constitution makers was that of a ‘socialist democratic republic’ and any attempt to “stretch” the Constitution would result in chaos.

“The Constitution really set out the path for a socialist democratic republic, which is India... Stretching the Constitution beyond what it means will not lead to an ordinary situation. This will create confusion,” Mr. Rohatgi, the government’s top law officer, told the gathering.

The Constituent Assembly debates show that Dr. B.R. Ambedkar reasoned there was no need to expressly include the terms ‘secular’ as the entire Constitution embodied the concept of a secular State, which meant non-discrimination on the grounds of religion and equal rights and status to all citizens. The original Constitution does not include the words ‘socialist’ or ‘secular’ in the Preamble.

However, Prime Minister Indira Gandhi re-introduced the two words in the 42nd Constitution Amendment of 1976.

Repeatedly skipping the word ‘secular’ in his speech, Mr. Rohatgi said the legislature, judiciary and the executive should not try to stretch the Constitution beyond what it originally meant.

“Ultimately what will hold this country together as a socialist democratic republic is this ‘document of hope’... This document alone. If this path is followed, there will be orderly growth,” Mr. Rohatgi said.

“Protect this document like it is Gita, Koran. This document is as holy as any other religious book,” the A-G said.

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