Supreme Court junks plea to replace 'Hindutva' with 'Indian constitutionalism'

The Supreme Court bench, led by Chief Justice DY Chandrachud, remarked that the petition constituted a "misuse of judicial process" and chose not to entertain the Public Interest Litigation (PIL).

In Short

• Delhi resident's PIL seeks to replace 'Hindutva' with 'Indian Constitutionalism'
• Supreme Court calls petition a misuse of judicial process
• 'Hindutva' not mentioned in Constitution but interpreted in rulings

The Supreme Court on Monday dismissed a petition that sought to replace the term 'Hindutva' with 'Indian Constitutionalism' (Bharatiya Samidhaanitva) in its rulings. The apex court termed the Public Interest Litigation (PIL) a "misuse of judicial process" and declined to entertain the plea.

“We will not hear this petition. This is a complete abuse of the process," the bench headed by Chief Justice DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra, said.

The term 'Hindutva,' which refers to an ideology promoting the preservation of Hindu culture and tradition, is not mentioned in the Constitution. However, the Supreme Court has addressed and interpreted the concept in some of its rulings.

The petition was filed by a Delhi resident, SN Kundra.

In 1995, the apex court had defined Hindutva as 'a way of life', while delivering a verdict in a case on speeches made by Shiv Sena founder Bal Thackeray. "The words `Hinduism' or `Hindutva' are not necessarily to be understood and construed narrowly, confined only to the strict Hindu religious practices unrelated to the culture and ethos of the people of India, depicting the way of life of the Indian people,” the top court had said in its verdict.

In 2016, a petition was filed before the Supreme Court seeking to review a 1995 verdict. However, the court stated that it would not engage in the broader debate regarding the meaning of Hindutva and declined to reconsider the judgment.