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Consider the following statements
The exact constitutional status of India on 26th January, 1950 was “A Sovereign Democratic Secular Republic”.
The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
Which of the statements given above is/are not correct?
1 only
2 only
Both
None
Both statements are incorrect.
Recently, the Supreme Court said secularism is an indelible and core part of the Basic Structure of the Constitution.
The court made the oral observation while hearing a batch of petitions filed by former Rajya Sabha member Subramanian Swamy and others challenging the inclusion of the words “socialist” and “secular” in the Preamble to the Constitution.
Statement 1 is not correct: The original Preamble, adopted by the Constituent Assembly on 26th November, 1949 and came into force on 26th January, 1950, declared India as a “Sovereign Democratic Republic”. By the 42nd Amendment, 1976, the words “Socialist” and “Secular” were inserted. The Preamble now reads “Sovereign Socialist Secular Democratic Republic”.
Statement 2 is not correct: The Supreme Court established the concept of ‘basic structure’ in the landmark Kesavananda Bharati vs. State of Kerala case (1973). However, it did not explicitly define it in terms of federalism, secularism, fundamental rights, and democracy. Instead, it indicated these as components that may constitute the basic structure.
Hence option 3rd is correct.
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