Socialism Means 'Welfare State' In Indian Context: SC

The Supreme Court of India has reserved its judgment on a case challenging the inclusion of the words “socialist” and “secular” in the Preamble of the Indian Constitution. The court is considering several petitions filed by individuals including Subramanian Swamy, Vishnu Shankar Jain, and Ashwini Kumar Upadhyay, who argue that these terms should not be part of the Preamble.

Background (What’s the issue?)

• The 42nd Amendment (1976):The terms “socialist”, “secular”, and “integrity” were added to the Preamble by the 42nd Amendment during the Emergency period (1975-77) under the government of Prime Minister Indira Gandhi.
• The petitioners argue that these words were added in a controversial period (the Emergency) and should be removed, claiming that the amendment was unconstitutional. Though the petition is not against the principles of “socialism” or “secularism”, but objects to their inclusion in the Preamble
  • The petitioners argue that the inclusion of these terms in the Preamble was unnecessary and that the Preamble should remain as it was originally written by the Constituent Assembly.

Court’s Observations:

• The Supreme Court benchnoted that the 42nd Amendment had already been subjected to judicial reviews in the past and had been upheld by the courts.
• The bench emphasized that it cannot declare the Parliament's actions during the Emergency as invalid. In other words, they rejected the idea that the changes made during the Emergency were illegitimate.
• The bench also refused to refer the case to a larger bench, as requested by the petitioners, and clarified that “socialism” in India refers to a “welfare state”, which is different from the concept of socialism in other countries.
• The Role of Parliament and the Constitution:The court highlighted that under Article 368, Parliament has the power to amend the Constitution, which includes the Preamble. This power was exercised during the 42nd Amendment.
  • The bench made it clear that it would not entertain arguments claiming that the Preamble could not be amended, as Article 368 grants Parliament the authority to do so.

 Understanding ‘India’s’ Socialism

• Socialism in India:The court stated that “socialism” in India is understood as a welfare state—meaning the state’s role is to ensure the welfare and equality of its citizens, not necessarily to control all industries or eliminate private enterprise. The private sector has grown successfully in India, and socialism in India has not stopped this growth.
• Secularism in India:The court referred to its earlier decision in the 1994 SR Bommai case, where it had already ruled that “secularism” is a fundamental part of the Constitution, meaning the state must remain neutral and not favor any religion.