Society-and-social-justice / Secularism / Certain Judicial Pronouncements on Secularism

Certain Judicial Pronouncements on Secularism

Judicial Pronouncements  Brief Description 
Keshavananda Bharati vs. State of Kerala 1973  In this landmark case, the Supreme Court of India held that the basic structure of the Constitution cannot be altered by Parliament through constitutional amendment. The Court also reaffirmed the secular nature of the Constitution.
S.P. Mittal vs. Union of India (1983)  The Supreme Court held that government officials cannot participate in religious activities while on duty, and that the use of public funds for such activities is unconstitutional. 
Indra Sawhney vs. Union of India (1992)  This case dealt with the issue of reservation in government jobs and education. The Supreme Court upheld the validity of reservation but also held that it should not exceed 50% and should be based on the principle of social and educational backwardness, rather than religion. 
S.R. Bommai vs Union of India (1994)  In this case, the Supreme Court ruled that the dismissal of a state government on the grounds of political instability must be based on objective criteria and not on the mere possibility of the government losing a confidence vote. The Court also reaffirmed the importance of secularism in the Indian Constitution. 
M. Ismail Faruqui vs. Union of India (1994)  The Supreme Court held that the acquisition of a religious place of worship by the government does not violate the right to freedom of religion, as long as adequate compensation is provided. 
Communalism Combat vs. Union of India (2006)  In this case, the Supreme Court issued guidelines to prevent hate speech and communal violence by politicians and religious leaders, and ordered the establishment of fast-track courts to try cases related to communal violence.

These judicial pronouncements have helped to define the contours of secularism in India and have played a significant role in protecting the secular fabric of the country. 

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