Kesavananda Bharati Case

The Supreme Court judgment that affirmed the secular nature of the Preamble and the Constitution of India is the Kesavananda Bharati Case. This landmark case, also known as the Fundamental Rights case, was heard by a 13-judge bench of the Supreme Court in 1973.

Background:
The case arose from a challenge to the Kerala Government's attempts to acquire land belonging to the Sree Padmanabhaswamy Temple, which was managed by the petitioner, Kesavananda Bharati. However, the real significance of this case lay in the larger constitutional questions it raised.

Key Issues:
The main issue in this case was the interpretation of Article 368 of the Indian Constitution, which deals with the power of Parliament to amend the Constitution. The petitioner argued that Parliament's power to amend the Constitution was not unlimited and that it could not destroy or alter the basic structure of the Constitution.

Secular Nature of the Preamble:
One of the key aspects of the case was the interpretation of the Preamble to the Constitution. The Preamble declares India to be a "sovereign, socialist, secular, and democratic republic." The petitioner argued that the term "secular" in the Preamble implied that India was a secular state and that the government could not favor any particular religion.

Supreme Court's Ruling:
In its landmark judgment, the Supreme Court held that the Preamble was a part of the Constitution and that it could be subject to amendment like any other provision of the Constitution. However, the Court also held that the power of amendment under Article 368 was subject to certain limitations. These limitations were to protect the basic structure of the Constitution, which included the secular nature of the Constitution.

The Court held that the term "secular" in the Preamble meant that the government should maintain an equal distance from all religions and should not favor any particular religion. It also held that the secular nature of the Constitution was a part of its basic structure and could not be amended.

Impact:
The Kesavananda Bharati case is considered a landmark judgment in Indian constitutional law. It established the doctrine of basic structure, which limits the power of Parliament to amend the Constitution. It also affirmed the secular nature of the Constitution and the principle of religious neutrality in state affairs.

This judgment has had far-reaching implications on the interpretation of the Constitution and has been cited in numerous subsequent cases. It has played a crucial role in upholding the fundamental rights and values enshrined in the Constitution and ensuring the secular character of the Indian state.