The Debate Over “Socialist” and “Secular” in Preamble

In a public interest litigation filed seeking to delete the words "Socialist" & "Secular" from the Preamble to the Constitution of India, the Supreme Court asked if the Preamble could have been amended while keeping the date intact. It has sparked a significant legal and constitutional debate.

The Amendment (in discussion)

• The words 'Socialist' and 'Secular' were inserted in the Preamble of the Constitution under the 42nd Constitutional amendment moved by the Indira Gandhi government in 1976.
• The amendment changed the description of India in the Preamble from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic.
• However, the insertion of these terms was not without controversy. Critics argued that it was a departure from the original vision of the Constitution’s framers.

Petitioner’s contention

• The petitioner has contended that Preamble cannot be altered, varied, or repealed.
• He says that the Preamble not only indicated the essential features of the Constitution but also the fundamental conditions based on which it was adopted to create a unified integrated community.

 Supreme Court’s Views

• The Supreme Court judge asked the counsels to consider, from an academic point of view, if the Preamble could have been amended earlier (by the 42nd Amendment Act in 1976) to include the words Socialist and Secular while keeping the date of adoption (November 29, 1949) intact.

Arguments for Removal

• Historical and Cultural Essence: The petitioners contend that the addition of “socialist” and “secular” disrupts the historical and cultural essence of India. They argue that the original Preamble, as drafted by the Constituent Assembly, did not include these terms.
  • The Constituent Assembly, led by Dr. B.R. Ambedkar, deliberately chose not to include “secular” in the Preamble during the drafting process. The omission was a conscious decision, reflecting the diverse religious fabric of India.
• Violation of Fundamental Rights: The petitioners assert that the inclusion of “socialist” and “secular” infringes upon the fundamental rights guaranteed by the Constitution.
• Freedom of speech, expression, and religion are fundamental rights enshrined in the Constitution. Critics argue that the insertion of these terms may restrict these rights by imposing a specific ideological framework.
• Parliament’s Authority: While Parliament has the power to amend the Constitution, altering the Preamble raises unique challenges. Unlike other provisions, the Preamble is considered part of the Constitution’s basic structure.

Arguments for Retention

• Changing Socio-Economic Realities: Supporters of retaining “socialist” argue that it reflects the changing socio-economic realities of India. The country has made significant strides in reducing poverty and promoting social welfare. The term “socialist” underscores the commitment to equitable distribution of resources and social justice.
• Secularism as a Foundational Principle: The insertion of “secular” reinforces India’s secular character and commitment to religious harmony.
• Judicial Review and Basic Structure Doctrine: Subramanian Swamy’s petition highlights that the Preamble not only formed the essential features of the Constitution but also the fundamental conditions based on which various groups and interests adopted the Constitution with the hope to create one unified integrated community. The Preamble, being an integral part of the Constitution, may fall within this protected zone.