Interpretation of ‘Secular’ and ‘Socialist’

November 26, 2024

GS Paper II Polity

Interpretation of ‘Secular’ and ‘Socialist’

Recently, the Supreme Court dismissed petitions challenging the constitutional validity of the 42nd amendment by which the words ‘secular’ and ‘socialist’ were added to the Preamble of the Constitution.

Key Highlights of the case

The petitions, filed in 2020, contested the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble via the 42nd Constitution Amendment (1976).
They argued that:
- The Constituent Assembly deliberately excluded the term ‘secular’.
- The term ‘socialist’ restricted the government’s economic policy choices, undermining the people’s democratic will.
Petitioners claimed the retrospective addition (effective from November 26, 1949) constituted a fraud on the Constitution.

Supreme Court’s Observations

The Supreme Court Bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, defined ‘secular’ as a Republic that upholds equal respect for all religions.
‘Socialist’ was interpreted as a Republic committed to eliminating all forms of exploitation—social, political, and economic.
The court dismissed the petitions, deeming the arguments flawed and unworthy of detailed adjudication.
The timing of the petitions, filed 44 years after the amendment, raised questions about the motives behind them.
The court emphasized that the Preamble is an inalienable part of the Constitution.
It reaffirmed that Parliament has unquestionable authority under Article 368 to amend the Constitution.

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Key terms in Preamble of the Indian Constitution

Term	Interpretation	Source of Inspiration
Sovereign	India is a completely independent state. Not a dominion or dependency of any other country. Free to manage internal and external affairs. Can acquire or cede territory.	India’s unique post-independence status as a non-aligned nation.
Democratic	– Establishes a government accountable to the people. Operates on the principle of consent of the governed. Features a representative parliamentary democracy where the executive is responsible to the legislature. Evident through universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination.	Western liberal democracies and British parliamentary system.
Republic	Vests political sovereignty in the people. Signifies an elected head of state, as opposed to a hereditary monarchy or lineage-based authority.	American and French Republican ideals.
Justice	Social Justice: Equal treatment without social distinctions (e.g., caste, religion). Economic Justice: Reducing inequalities in wealth, income, and property. Political Justice: Equal political rights, access to offices, and participation in governance. Combines Social + Economic Justice to ensure distributive justice.	Russian Revolution.
Liberty, Equality, Fraternity	Interconnected concepts forming a Union of Trinity. Cannot exist independently of one another; they support and enhance each other.	French Revolution (Liberty, Equality, Fraternity).
Liberty	Ensures absence of undue restraints on individual activities and freedoms.	French Revolution.
Equality	Ensures absence of special privileges for any group. Guarantees equality of status and opportunity for all.	French Revolution.
Fraternity	Promotes a sense of brotherhood and unity among all citizens.	French Revolution.

Additional Reading: Removal of Secular and Socialist word

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