The Hindu : Basic feature

Online edition of India's National Newspaper
Tuesday, Mar 19, 2002

Opinion

Opinion - Letters to the Editor

Basic feature

Sir, — Though the term `secular' was added to the Preamble of our

Constitution in 1976, it was one of the basic tenets on which this voluminous text was written. Judicial sensitivity has vindicated this by accepting secularism as a basic feature of our Constitution. (S.R. Bommai v Union of India, AIR 1994 SC 1915).

The term `secular' stresses that the state has no religion of its own and mandates equal treatment of all religions. When the Central Government sought the permission of the apex court to conduct the symbolic `puja' in Ayodhya and entrusted a Government official to accept the `shilas' it degenerated into a `government of a religion' rather than a `government under the Constitution of India'.

It forgot the Constitutional responsibilities of impartiality and equal treatment of all religions. These are blatant violations of the basic feature of our Constitution.

The recent riots in Gujarat brought to light the discrimination, when atrocities were committed against the minorities. The nonchalance of the government towards such atrocities and booking the culprits violated the `equal protection of law' enshrined in Article 14 of our Constitution.

Thus these Governments have failed to fulfil their oath to abide by the Constitution and hence have no moral responsibility to continue in power. If we do not fight such aberrations, the coming generations may have to learn about democracy, secularism and the rule of law from history books rather than from a living Constitution.

Benoy K. Kadavan,

Kochi, Kerala

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