SC Ruling on Socialism, Secularism

The Supreme Court recently dismissed pleas challenging the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble to the Indian Constitution. These words were added through the 42nd Constitutional Amendment in 1976, during the Emergency period. The petitioners argued that these words should not have been inserted, as the original Preamble, adopted in 1949, did not include them, and that such changes were undemocratic. However, the Supreme Court upheld their inclusion, declaring these terms to be part of the basic structure of the Constitution.

History of the Preamble and Key Changes:

• Original Preamble (1949): The original Preamble adopted by the Constituent Assembly on November 26, 1949, declared India as a sovereign, democratic republic. It did not mention the words ‘socialist’ or ‘secular’. The Constituent Assembly did not include ‘socialist’, as it felt that economic ideals should evolve over time and should not be dictated in the Constitution.
• Secularism in India: The word secular was also absent in the original Preamble. The Indian form of secularism is different from Western secularism. In India, the state can regulate certain religious practices and intervene for social reform, unlike in Western countries, where there is a strict separation of religion and state.
• Supreme Court’s Rulings:
  • In Berubari Case (1960), the Supreme Court initially ruled that the Preamble was not part of the Constitution and did not have any legal powers.
  • However, in Kesavananda Bharati Case (1973), the Court reversed this opinion, stating that the Preamble is part of the Constitution and must be interpreted in line with the vision it outlines.
  • In 1976, through the 42nd Amendment, the words ‘socialist’, ‘secular’, and ‘integrity’ were added to the Preamble.

The Current Case:

• Petitioners’ Argument: Petitioner opposed the inclusion of ‘socialist’ and ‘secular’ in the Preamble. Their argument was:
  • These words were added during the Emergency (1975-77) and were imposed on the people.
  • The original Preamble, adopted by the Constituent Assembly in 1949, did not include these terms, and therefore, no further words should be added later by Parliament.
  • The petition argued that while the amendments in 1976 inserted these words, they should appear in a separate paragraph, below the original Preamble.
• Supreme Court’s Ruling:
  • The Supreme Court dismissed the pleas and upheld the inclusion of ‘socialist’ and ‘secular’ in the Preamble.
  • It ruled that ‘socialism’ and ‘secularism’ are integral to the basic structure of the Constitution, meaning they form a core part of India’s constitutional identity.
  • The Court stated that the Preamble is a ‘living document’ and is subject to changes through the amendment process as part of Parliament’s powers. The date mentioned in the original Preamble (1949) does not limit Parliament’s ability to amend it.
  • On ‘socialism’, the Court clarified that it primarily means a welfare state that aims for equality of opportunity, ensuring the state provides for the poor and marginalized, without necessarily eliminating private enterprise.
  • On ‘secularism’, the Court explained that India’s form of secularism involves the state neither favoring nor discriminating against any religion, and it ensures that all religions are treated equally, which is an essential aspect of the right to equality.

Why Is This Ruling Important?

• Socialism in India: After Independence, India adopted a model of democratic socialism, characterized by central planning and state control over major industries. In the 1960s and 70s, this led to nationalization of banks, increased taxes, and regulations, reflecting characteristics of a mixed economy.
  • From 1991, the economy began shifting towards a market-oriented model, leading to rapid growth. Despite this, socialist values continue to guide government programs aimed at reducing poverty and inequality, like MGNREGA, food subsidies, and direct benefit transfers.
  • The Court emphasized that socialism today involves using government resources to support the poor, while allowing private enterprise to flourish.
• Secularism in India: India’s secularism is rooted in the idea of unity in diversity. The state does not support any religion but ensures the freedom to practice any religion. The Court highlighted that the secular nature of the state guarantees equality for all religions, without any form of discrimination.
• Reflecting India’s Constitution: The ruling reinforces that the Constitution is not a static document. It adapts to changing societal needs while remaining true to the principles of justice, equality, and fraternity. The Court’s interpretation helps preserve the core values of the Constitution, ensuring that socialism and secularism continue to shape India’s future governance.