Summary
A petitioner under Article 32 sought a direction to constitute a 'Renaming Commission' to find the original names of historical, cultural and religious places said to have been renamed after foreign invaders, or alternatively research by the Archaeological Survey of India, invoking rights to dignity, religion, culture and to know under Articles 19, 21, 25 and 29. The Supreme Court dismissed the petition: the questions of law raised do not arise, secularism and fraternity are basic features under Kesavananda Bharati and S.R. Bommai, religion cannot be mixed with the secular activities of the State, a country's present and future cannot remain a prisoner of the past, and a court guarding the fundamental rights of all sections should not grant such reliefs.
Issues
- Whether the Supreme Court, in exercise of jurisdiction under Article 32, should direct the constitution of a commission or research by the Archaeological Survey of India to restore the original names of places alleged to have been renamed by foreign invaders, as an enforcement of rights under Articles 19, 21, 25 and 29 of the Constitution.
Provisions considered
- Article 32 read with the Preamble and Articles 14, 19, 21, 25 and 29, Constitution of IndiaThe Court under Article 32 enforces fundamental rights; the claimed rights to dignity, religion, culture and to know do not give rise to the questions posed, and the Preamble's commitments to secularism and fraternity guide the Court against granting the reliefs. (¶¶ 1, 3, 4, 5, 8, 12)
Held
- Kesavananda Bharati and S.R. Bommai hold secularism to be a basic feature, meaning equal treatment of all religions and the exclusion of religion from the secular activities of the State; Praveen Bhai Thogadia and M.P. Gopalakrishnan Nair reiterate that the State cannot identify itself with any religion and that fundamentalism cannot masquerade as political philosophy. (¶¶ 5, 6, 7)
- Governance must conform to the rule of law, secularism and constitutionalism with Article 14 guaranteeing equality and fairness; the history of a nation cannot haunt future generations to the point of making them prisoners of the past, and the golden principle of fraternity requires actions that bond all sections together, so the reliefs sought should not be granted. (¶¶ 8, 9, 10, 11, 12)
Result
Writ petition dismissed.