Secularism in the Indian Constitution

The Supreme Court of India recently reaffirmed that secularism is a fundamental aspect of the Constitution’s basic structure. This affirmation comes amid ongoing debates surrounding the inclusion of the terms "socialist" and "secular" in the Preamble, particularly as a result of the 42nd Amendment enacted during the Emergency in 1976.

What is Secularism?

• Secularism in the Indian context refers to the principle that the state treats all religions with equal respect and does not favor or discriminate against any religion.
• It ensures that the government remains neutral in religious matters, allowing individuals the freedom to practice their religion while maintaining a clear separation between religion and state affairs.
• Constitutional Framework
  • Basic Structure Doctrine: The doctrine established in the landmark Kesavananda Bharati case (1973) asserts that certain fundamental features of the Constitution, including secularism, cannot be altered or destroyed by any amendment by Parliament.
  • Preamble to the Constitution: Originally, the Preamble described India as a "sovereign, democratic republic."
    • The 42nd Amendment in December 1976 added "socialist" and "secular," thus changing the description to a "sovereign, socialist, secular, democratic republic."

The 42nd Amendment and Its Controversy

• The controversy centres around the 42nd Constitutional Amendment, passed in 1976 during the tenure of Prime Minister Indira Gandhi.
• This amendment added the terms "socialist" and "secular" to the Preamble, altering the description of India from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic."
• Petitions arguments: Several petitions have been filed challenging the validity of the 42nd Amendment:
  • Inclusion of "socialist" was unnecessary and contradicted the original vision of the Constitution’s framers.
  • Dr. B.R. Ambedkar's apprehensions regarding the term "socialism," suggesting that it could infringe on personal liberties.
  • The original Preamble, adopted on November 26, 1949, should remain unchanged and cannot be retroactively amended.

Key Points from the Supreme Court

• During the hearings, the Supreme Court highlighted several important aspects:
  • Secularism as Core Principle: The Court noted that the concepts of equality and fraternity, along with fundamental rights outlined in Part III of the Constitution, inherently signify that secularism is a core feature.
  • Preamble’s Integrity: The Supreme Court maintained that while the Preamble is amendable, any changes must not disrupt the Constitution's basic structure, which includes the principle of secularism.