Recently, the Vice President called the addition of words “socialist” and “secular” to the Constitution’s Preamble during Emergency as a “sacrilege to the spirit of Sanatan”.

Meaning of ‘Secular’ and ‘Socialist’ in the Indian Constitution

Secular

• The term ‘secular’ in the Indian context means that the State does not favor any religion. 
  • India follows positive secularism, meaning the state acknowledges and respects all religions equally, without aligning with or supporting any particular faith.
• Constitutional Basis: Articles 14, 15, 16, 25, and 26 of the Indian Constitution guarantee equality and freedom of religion for all citizens.
  • The state ensures that no discrimination is made on the grounds of religion, and all individuals have the right to freely practice, propagate, and profess their religion.
• Key Characteristics:
  • Religious Freedom: Every individual has the right to freedom of conscience, which means the state cannot interfere in religious matters unless public order or other fundamental rights are affected.
  • Equal Respect for All Religions: India treats all religions with equal respect, providing an inclusive platform for religious practices.

Socialist

• The term ‘socialist’ refers to the economic ideology that emphasizes social justice and the reduction of economic inequality. 
  • It does not advocate for state control over all resources, but rather seeks to balance public welfare with private sector growth.
• Constitutional Basis: The 42nd Amendment (1976) introduced the term ‘socialist’ in the Preamble. 
  • However, the Indian model of socialism is democratic, not communist. 
  • It supports the idea of a mixed economy, where both public and private sectors coexist.
  • Directive Principles of State Policy (Part IV) provide the vision for social justice by promoting policies like land reforms, welfare schemes, and the distribution of wealth to achieve economic equity.
• Key Characteristics:
  • Welfare State: A socialist state ensures that every citizen has access to basic needs such as education, healthcare, employment, and social security, especially the marginalized and underprivileged.
  • Economic Justice: The state works towards reducing disparities in wealth and income by intervening where private enterprises cannot provide essential services equitably. 
    • This is seen in policies of poverty alleviation, social security, and affirmative actions for marginalized communities.

Key Differences Between Indian and Western Secularism

Amendment of the Preamble 

• Introduced by the 42nd Constitutional Amendment Act, 1976 during the Emergency. 
  • It added the words Socialist, Secular, and Integrity.
  • Original Preamble: Sovereign Democratic Republic.
  • Amended preamble: Sovereign, Socialist, Secular, Democratic, Republic. It also changed “unity of the nation” to “unity and integrity of the nation”.

Judicial Rulings Supporting the Insertion of ‘Socialist’ and ‘Secular’ in the Preamble

• Kesavananda Bharati v. State of Kerala (1973): Secularism is a basic feature of the Constitution. 
  • The Court emphasized the state’s neutrality towards religion, ensuring equal treatment of all religions.
• Minerva Mills v. Union of India (1980): Socialism was upheld as a constitutional ideal, focused on economic justice. 
  • It reflects the state’s commitment to welfare and social justice, not state control over all industries.
• S.R. Bommai v. Union of India (1994): Secularism is a core principle. 
  • The Court reaffirmed the state’s duty to treat all religions equally, preventing any form of religious discrimination.
• Dr. Balram Singh v. Union of India (2024): The Court dismissed challenges to the 42nd Amendment. 
  • It upheld secularism and socialism, stating that they are widely accepted and understood by the people.
• M. Ismail Faruqui v. Union of India (1994): The Court clarified that the State could acquire religious sites only if they did not form an essential part of religious practice.
  • The Court confirmed that secularism ensures the state does not favor any religion. 

Arguments in Favor of Retaining ‘Socialist’ and ‘Secular’ in the Preamble

• Reflecting Constitutional Values: ‘Socialist’ and ‘secular’ encapsulate India’s core values of justice, equality, and freedom of religion. 
  • The addition of ‘socialist’ in 1976 under the 42nd Amendment reinforced the idea of economic justice, and ‘secular’ highlighted religious equality. 
• Secularism as a Fundamental Feature: Secularism ensures that the state treats all religions equally, guaranteeing religious freedom for all citizens, as upheld by multiple Supreme Court rulings.
  • Article 25 guarantees freedom of conscience and the right to practice religion, showing that India’s secularism is grounded in the Constitution
• Promoting Social Justice: The term ‘socialist’ reflects India’s commitment to a welfare state, ensuring economic justice and reduction of inequalities. 
  • It emphasizes state intervention in sectors like healthcare, education, and poverty alleviation.
• Maintaining Social Harmony: Secularism promotes unity and fraternity in India’s diverse society, helping maintain peace and harmony among its many religious, ethnic, and cultural groups.
  • The S.R. Bommai (1994) case reaffirmed that secularism is vital for upholding unity in a multi-religious society. 
• Ensuring Equal Opportunities: ‘Socialist’ reinforces the idea of a mixed economy, where both public and private sectors coexist, ensuring equal opportunities for economic participation and welfare.
  • The Directive Principles of State Policy (Part IV) guide the state towards redistributing wealth and addressing social inequalities. 
• Guarding Democratic Principles: Secularism ensures that the state remains neutral, preventing any political or religious group from gaining undue advantage, which is essential for preserving democracy.
• Judicial Endorsement: The Supreme Court has reaffirmed the inclusion of ‘socialist’ and ‘secular’ as basic features of the Constitution. 
  • In the Dr Balram Singh v. Union of India (2024) case, the Court dismissed petitions to remove these terms, stating that they are widely accepted and essential for the Constitution’s basic structure.
• Political Legitimacy: Supporters argue that the amendment was enacted through constitutional procedures, reflecting the will of the people’s elected representatives.
  • For instance, in the Minerva Mills case, the Supreme Court held that the 42nd amendment to the preamble was not only within the framework of the Constitution but also gave vitality to its philosophy.

Arguments for Removal of ‘Socialist’ and ‘Secular’ from the Preamble

• Threat to Original Intent: Some argue that amending the Preamble dilutes the original intent of the Constitution’s framers. They contend that inserting new words alters the fundamental character envisioned by the founding fathers.
  • For instance, Vishnu Shankar Jain’s Petition: The original Constitution makers deliberately chose to keep these concepts out of the Preamble. 
    • On November 15, 1948, Professor KT Shah proposed adding the words “secular, federal and socialist nation”, but the Constituent Assembly (CA) rejected it after a lengthy discussion.
    • On November 25, 1948, a second amendment was introduced and discussed incorporating the word ”secular” in the draft Constitution. That, too, was rejected.
    • On December 3, 1948, a third attempt was made to include “secular” in Article 18 of the Constitution, which was also dismissed by the Constituent Assembly.
• Undemocratic Insertion: The terms ‘socialist’ and ‘secular’ were added during the Emergency (1975–77) through the 42nd Amendment. 
  • The insertion was not a product of popular will or debate, but rather a political maneuver during a crisis period.
• Contradiction to the Original Constitution: The Constituent Assembly had deliberately excluded the terms ‘secular’ and ‘socialist’ from the Preamble. 
  • The framers, including Dr. B.R. Ambedkar, opposed embedding ideological terms like socialism and secularism into the Preamble. 
  • The terms were later added without the consent of the original framers, making them inconsistent with the original vision of the Constitution.
• Political and Ideological Imposition: The inclusion of ‘socialist’ and ‘secular’ in the Preamble is seen by some as an ideological imposition by the Congress government during the Emergency. 
  • ‘Secular’ has been criticized as a term that compels neutrality in a way that contradicts India’s cultural and religious identity. 
  • Critics argue that ‘socialism’ is no longer relevant in India’s mixed economy and that it limits the economic freedom of elected governments by restricting market-driven policies.
• Secularism Has Evolved Differently: Critics argue that secularism in India has evolved differently from the Western model, not involving a strict separation of religion and state. 
  • Some argue that the term ‘secular’ in the Preamble is unnecessary because the Constitution already ensures religious equality through Articles 14, 15, and 16, which prohibit discrimination on religious grounds.
• Socialism Limits Policy Flexibility: The term ‘socialist’ restricts the economic freedom of governments by associating India with state-controlled policies. 
  • Economic reforms post-1991 have shifted India towards a market-oriented economy. 
  • The term ‘socialist’ may limit policy choices, preventing the adoption of policies favoring privatization or market liberalization.
• Focus on Equal Rights, Not Ideologies: The argument for removing ‘secular’ and ‘socialist’ revolves around the idea that the Preamble should not be used to promote ideological commitments. 
  • Instead, it should focus on ensuring equal rights and fundamental freedoms for all citizens. 
  • Critics argue that the Preamble should reflect universal principles like justice, liberty, and equality, without specifying particular economic or religious ideologies.
• Judicial Overreach: Critics argue that by upholding the terms ‘socialist’ and ‘secular’ as basic features of the Constitution, the Supreme Court has engaged in judicial overreach. 
  • The judiciary has expanded the scope of these terms far beyond their original intent. 
  • This has led to concerns that unelected judges are imposing values that should be determined by democratically elected representatives, reflecting the people’s will rather than judicial interpretations.

Is India Really Socialist and Secular?

Socialist

• For:
  • The term ‘socialist’ was added to the Preamble through the 42nd Amendment (1976), signaling India’s commitment to economic justice and welfare for all citizens.
  • India follows a mixed economy, with both public and private sectors coexisting, ensuring social equity through welfare schemes like MGNREGA, PDS, and Universal Health Care.
  • The government continues to intervene in sectors like health, education, and poverty alleviation, addressing the needs of the marginalized and underprivileged sections of society.
  • Socialist principles like land reforms and progressive taxation were pivotal in India’s early years, aiming to address the disparities in wealth and land distribution.
• Against:
• • Since 1991, economic liberalization and privatization have shifted India towards a capitalist economy, weakening the socialist model and reducing the state’s role in economic planning.
  • The term ‘socialist’ has been diluted as India increasingly embraces market-driven policies, prioritizing private sector growth over state control of industries.
  • Critics argue that socialist ideals are outdated, as globalization and FDI have moved India towards a capitalist model, reducing the focus on public welfare.
  • Policies favoring privatization and economic growth have undermined the social welfare aspect of socialism, making the term less relevant today.

Secular

• For:
  • India’s secularism is enshrined in the Constitution, with Articles 25-28 guaranteeing religious freedom and equal respect for all faiths.
  • The ‘positive secularism’ model allows the state to intervene in religious practices to ensure social harmony and equality, as seen in reforms like banning untouchability, regulating child marriage, and prohibiting Triple Talaq.
  • Secularism ensures that no religion is given state preference, and all citizens, regardless of their faith, have equal rights and opportunities.
  • Supreme Court judgments (like Kesavananda Bharati (1973) and S.R. Bommai (1994)) have reinforced secularism as a basic feature of the Constitution, which ensures religious neutrality of the state.
• Against:
• • Religious politics and communalism continue to challenge secularism in India, with religious-based political parties and polarization undermining the state’s neutrality.
  • Political leaders often use religion for electoral gain, leading to religious favoritism in certain policies and actions. This is seen in debates over laws like the Citizenship Amendment Act (CAA) and the Ram Mandir issue.
  • The state’s positive secularism model is sometimes criticized for being too interventionist in religious matters, leading to accusations of undue state involvement in religion.
  • Some argue that secularism in India has become more about minority appeasement and less about religious neutrality, which undermines its core purpose.

Way Forward for Secularism and Socialism in India

• Strengthening Religious Equality and Social Justice: India must ensure religious minorities are not marginalized, and the state continues to guarantee religious freedom and equality. 
  • At the same time, reinforce socialist principles by expanding welfare programs and social safety nets for the marginalized, focusing on poverty alleviation, education, and healthcare.
• Combating Religious Polarization and Promoting Inclusive Growth: Address religious polarization and communalism by holding political parties accountable for exploiting religious sentiments. 
  • Focus on inclusive growth, ensuring that both the public and private sectors reduce economic disparities and provide equal opportunities for all citizens.
• Balancing State Intervention and Religious Freedom: Maintain state intervention in religious practices harmful to social justice (e.g., untouchability, child marriage) while respecting individual freedoms. 
  • Socialism should focus on state intervention in providing essential services like healthcare, education, and employment, ensuring economic justice without stifling private enterprise.
• Adapting Socialism to Modern Economic Realities: Socialism should evolve to reflect global economic changes, balancing market reforms with state intervention to provide essential services. 
  • Focus on inclusive growth where both private enterprises and the public sector contribute to social equity and economic justice.
• Ensuring Religious Neutrality and Promoting Economic Welfare: The state must remain neutral in religious matters, ensuring equal treatment for all faiths. 
  • Ensure economic justice by reducing wealth and income disparities, focusing on welfare schemes for marginalized communities like Dalits, tribals, and women.
• Public Sector and Welfare State: The public sector should continue to play an essential role in critical sectors like education, healthcare, and infrastructure while encouraging private sector growth. 
  • The welfare state model should focus on universal access to basic services and economic welfare.
• Judicial Oversight and Policy Implementation: Judicial bodies must continue to reinforce secularism and socialism as basic features of the Constitution. 
  • Implement policies that ensure religious equality, economic welfare, and inclusive growth while avoiding the marginalization of any community.

Conclusion

India’s secularism and socialism, as reflected in the Preamble, continue to be central to its constitutional identity. While their implementation faces challenges, these principles remain crucial for ensuring justice, equality, and religious freedom in a diverse and dynamic society.

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