The preamble of our Constitution is the essence of its contents, directing the citizens, and instructing the rulers to the path to be trod on. All the features emphasised in the preamble constitute the fundamentals on which the edifice of our country stands.
Though it is the supreme code for the country there is nothing holy or divine in it. Article 368 provides that amendments can be brought in the constitution through the mandate of the elected representatives of our country. In that way any provision – whether space for it exists from its inception or brought through constitutional amendments, is effective equally.
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Recently the Governor of Tamil Nadu passed an unconstitutional comment. He stated that the term ‘secular’ was inducted into the preamble of the constitution later. Besides, it is stated that the term ‘secular’ is of European origin. The utterance does not suit and warrant the position the Governor holds. It is a constitutional position. Anyone in this position should not utter anything defaming the constitution.
The insertion of the term ‘secular’ did take place through the 42nd constitutional amendment in 1976. It does not mean that the secular nature of our polity got started only from then. From the beginning of its implementation, the Indian Constitution continues to rest on secular perspective.
The Governor who had taken oath of office, as per the provision of the constitution, has to abide by the constitutional provisions. On the contrary the Governor has commented on the nature of the constitution implying that it is of European origin. This is a malicious distortion of the truth.
Anything good that leads to peace and prosperity for the people of the country from anywhere is welcome. None of the constitutions in the world is totally indigenous. They have borrowed some valuable and suitable points from other constitutions. Hence, a few similarities among several constitutions are not objectionable. Blowing them up and exaggerating does not seem fair.
After having experienced the human loss and damage caused to the society due to many Crusader wars, the European countries distanced religion from the State and expressly converted their polity as secular. Nothing wrong in imbibing the good things from others.
However in our country the ancient philosophy that prevailed in majority are non-religious like Buddhism, Jainism, Sakiam, etc. The principles preached through such philosophies were practised not as a religion but a way of life. The secular principle that is emphasised in our constitution is not of European origin but indigenous to our country.
Article 25 of the constitution is a proof that secular nature of our polity prevailed from the beginning of our constitution in 1950.
The Article 25(2)a says, “Nothing in this article shall affect the operation of any existing law or prevent the state from making any law, regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.” The secular activity of the state is very rightly pointed out in the Right to Freedom of Religion.
Our Constitution is unambiguously secular from the beginning itself. The later insertion of the term in the preamble is to give more clarity and enforcement without any distortion.
It may be apt to bring one point to the public domain.
May the Governor of Tamil Nadu who is very much alien to European features as per his statement, discontinue his attire from European style to the sole indigenous identity!
