4th July 2025 (11 Topics)
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Socialism and Secularism
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Context
A recent proposal has been made to remove the words “socialism” and “secularism” from the Preamble of the Constitution, citing their insertion during the 42nd Constitutional Amendment Act, 1976, which was passed during the Emergency period. This has reignited debate on whether these principles are essential features of the Indian Constitution or political additions.
Constitutional Foundations and Legal Backing
- Socialism and Economic Justice: Socialism is embedded through Directive Principles of State Policy such as Articles 38, 39, 41, 42, and 43, which advocate reducing inequality and establishing a welfare state.
- Secularism and Religious Freedom: The Constitution upholds secularism through Articles 25–30, ensuring freedom of religion, cultural rights, and minority protections, even prior to the explicit insertion of the word in 1976.
- Basic Structure Doctrine and Judicial Support: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that Parliament cannot amend the basic structure of the Constitution. Secularism was affirmed as part of that inviolable structure.
Historical Evidence and Constituent Intent
- Objective Resolution of 1946: The Objective Resolution, adopted by the Constituent Assembly, emphasized justice, equality, liberty, and fraternity — values that align closely with socialism and secularism.
- Constituent Assembly Debates: B.R. Ambedkar in his final speech (1949) spoke of equality as the foundation of the Constitution, reinforcing the spirit of both socialism and secularism, even if not named explicitly in the original Preamble.
- Legality of the 42nd Amendment: The 42nd Amendment Act, 1976 formally introduced “socialist” and “secular” into the Preamble. It was consistent with the pre-existing spirit of the Constitution and did not violate the basic structure doctrine.
Contemporary Debate and Implications
- Contesting the 42nd Amendment: The criticism argues that these terms were added under exceptional political circumstances. However, their spirit was always embedded in constitutional provisions and practices.
- Impact on Inclusive Democracy: Removing these terms could weaken the Constitution's pluralistic fabric and may lead to undermining the ideals of equality, justice, and fraternity — particularly for religious and social minorities.
- Need for Constitutional Vigilance: Any move to dilute the foundational values of secularism and socialism must be assessed carefully, with a focus on upholding the Constitution's original vision and democratic integrity.
Practice Question:
“The ideals of socialism and secularism are not just textual additions to the Preamble but intrinsic to the Indian constitutional ethos.” Examine the historical, legal, and philosophical grounding of these principles in light of recent controversies. (250 words)More Articles
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