SC Cites Preamble and Secularism to Reject Plea Against Muslim Writer Inaugurating Mysuru Dasara
The Supreme Court dismissed a petition challenging the selection of Muslim writer Banu Mushtaq to inaugurate the Mysuru Dasara festival. The Court emphasized that the Preamble enshrines secularism, liberty of thought, and equality as cardinal ideals. It reiterated that the State of Karnataka is secular and maintains no religion of its own. The bench noted that while the inaugural pooja is a religious activity, the "ribbon-cutting" is a secular state event. The judgment referenced landmark cases to affirm that secularism is a basic feature of the Constitution, preventing the State from discriminating between religions.
Key Points
- The Supreme Court ruled that the State cannot distinguish between religions for public events like the Mysuru Dasara.
- Secularism was reaffirmed as a 'basic feature' of the Indian Constitution, as established in the Kesavananda Bharati and S.R. Bommai cases.
- The Court distinguished between secular state activities (like inauguration) and specific religious rituals performed before a deity.
- The judgment highlighted that the State's neutral attitude does not prevent it from intervening to eliminate practices impeding the right to equality.
Exam Facts
- M. Ismail Faruqui case (1994) regarding the validity of the Ayodhya Act.
- 42nd Constitution Amendment (1976) which inserted the term 'secular' into the Preamble.
- Article 25 of the Constitution protects essential religious practices.
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