Joseph Maliakan
Rejecting a challenge to the insertion of the words ” socialist ” and ” secular ” in the Preamble to the Constitution of India , a Supreme Court Bench comprising the Chief Justice of India , Sanjiv Khanna and Justice Sanjay Kumar on Monday, 25 November 2024, on the eve of the 75 th anniversary of the adoption of the constitution, ruled that both Socialism and Secularism are part of the basic structure of the Indian Constitution.
The original Preamble adopted on 26 November 1949 declared India a sovereign, democratic republic . The Constituent Assembly conciously resolved not to use the socialist or secular in the constitution because both concepts were yet to be defined in the Indian context.
When the Constitution came into force on 26 January 1950 the Preamble stated:
WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure to all its citizens :
JUSTICE, social , economic and political ;
LIBERTY of thought , expression , belief , faith and worship ;
EQUALITY of status and of opportunity ;
and to protect among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation ;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949 , do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION .
During the Constituent Assembly debates attempts were made by various members to include the concepts of Socialism and Secularism in the Preamble to the constitution. However , following intense debates Constituent Assembly resolved not to include both these concepts in the Preamble to the Constitution.
These words were inserted in the Preamble through the infamous 42 nd Amendment to the Constituion during the Internal Emergency in 1976 , which greatly expanded the powers of the Union government.
The 42 nd amendment as far as the Preamble is concerned stated that ” for the words “SOVERIEGN DEMOCRATIC REPUBLIC ” the words SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC ” shall be substituted . Though subsequent amendments to the Constitution, 43rd and 44th undid many changes brought through the 42nd amendment , the amendment to the Preamble , the insertion of the words socialist and secular was not touched.
Forty four years after the insertion of the words ” socialist ” and ” secular” in the Preamble in July 2020 , Dr. Balram Singh , a Supreme Court advocate filed a pertition challenging the inclusion of the words socialist and secular in the Preamble of the constitution.Similar petitions were also filed by former Law Minister ,Subramaniam Swamy and advocate Aswani Kumar Upadhyay. They argued that the word secular was conciously excluded from the Preamble by the framers of the Constitution and the concept of socialism curtailed the freedom of the Union and state governments while framing economic policies.
The Supreme Court, in a seven page ruling rejected these arguements saying that ” the flaws and weaknesses in the arguements are obvious and manifest .” When the Constitution was being drafted , the meaning of the word secular was ” considered imprecise ” as it was interpreted as opposed to religion, the judgement pointed out.
However, with the passage of time ” India has developed its own interpretation of secularism , wherein the State neither supports any religion nor penalises the profession and practice of any faith. ” the court said
The ideals espoused in the Preamble , fraternity, equality , individual dignity and liberty among others ” reflect this secular ethos , the order said. The concept of socialism also has evolved to have a unique meaning in India. Socialism refers to the principle of economic and social justice , where in the State ensures that no citizen is disadvantaged due to economic or social circumstances and does not necessarily put restrictions on the private sector which has “flourished , expanded and grown over the years , contributing significantly to the upliftment of the marginalised and under privileged sections in different ways “
The judgement further clarfied that the ” aditions to the Preamble have not restricted or impeded legislations or policies pursued by elected governments , provided such actions did not infringe upon fundamental and constitutional rights or the BASIC STRUCTURE of the Constitution.” Therefore, the court held that there was no justification for challenging the amendment inserting socialist and secular in the Preamble of the Constitution.
The court further observed that the Constitution is a ‘living document ‘ subject to the power of amendment of the Parliament. This amending power of the Parliament extends to the Preamble also .
Socialism , in the Indian context primarily means a Welfare State that provides equality of opportunity irrespective of race, religion or gender and at the same does not prevent the private sector from operating . As for secularism , over time India has evolved its own brand of secularism . The State the neither supports any religion nor penalises the profession and practice of any faith the judgement said.
While every citizen should welcome the judgement , the civil society will do well to ponder how secular and socialistic the Union Government and the State governments and other institutions have been in their behaviour . January 2023 witnessed the Prime Minister of India undertaking Pooja in Ayodhya. And just hardlly a month before his retirement Chief Justice of India conducted Ganapathi Pooja at his official residence with the Prime Minister in attendence . Religious persecution is also increasing. If this is our secularism only God alone can save us !
As for socialism the less said the better.Inequalities are on the increase. While the number of billioners in India is increasing unemployement is also increasing. There is also no respite from farmer suicides. In the World poverty Index also India’s slide is very alarming.
