Timely reiteration: On the Preamble and the Supreme Court’s order

The Supreme Court of India recently reaffirmed the constitutional principles of ‘secularism’ and ‘socialism’ in the Preamble of the Constitution, rejecting attempts to challenge their inclusion. The issue arose from petitions questioning the characterisation of India as secular and socialist, with opposition particularly from sections of the right-wing. This decision comes amid ongoing debates over the interpretation of these terms in India’s governance.

Background and Constitutional Interpretation

• Secularism as a Basic Feature: The Supreme Court's ruling in the R. Bommai (1994) case established that secularism is a basic feature of the Constitution. It emphasized that the Constitution guarantees equality before the law and freedom of religion, ensuring that the state does not favour any religion nor hinder the practice of any faith. This reflects India’s unique interpretation of secularism, where religious neutrality is maintained.
• Opposition to 'Socialist' in the Preamble: The term 'socialist' was controversially added to the Preamble through the 42nd Amendment during the Emergency in 1976, despite opposition from Dr. B.R. Ambedkar during the drafting of the Constitution. However, the inclusion has not impeded India’s economic policies, which allow for market competition and economic liberalization.
• The Court's Stance on Amendments: The Court upheld that the inclusion of ‘secular’ and ‘socialist’ in the Preamble, despite being introduced during the Emergency, was a valid constitutional amendment. It noted that these terms were debated in Parliament during the 44th Amendment Act in 1978, indicating that the amendment process was not carried out in haste or without legislative scrutiny.

Court’s Rationale and Explanation

• Secularism in Practice: The Supreme Court clarified that India’s version of secularism, as per the Constitution, involves treating all faiths equally without discrimination. It assured that the state is neither supportive of any religion nor penalizes individuals for their religious practices, which reflects the nation’s inclusive and pluralistic ethos.
• Socialism and Economic Justice: The Court explained that ‘socialism’ in the Preamble is linked to the principle of economic and social justice, ensuring that no citizen is disadvantaged by economic or social conditions. This interpretation aligns with the Constitution’s vision of a welfare state where the government plays a role in reducing disparities.
• No Hindrance to Economic Liberalization: The inclusion of ‘socialism’ in the Preamble has not prevented the adoption of economic reforms or market liberalization. The Court noted that the term represents a commitment to justice and equity rather than an obstacle to economic growth, and that India has evolved its own model of socialism that supports market competition.

Implications and Relevance

• Affirmation of Fundamental Constitutional Values: The Supreme Court’s verdict reaffirms the core values of secularism and socialism as integral to India’s democratic fabric. As the Constitution marks 75 years, this decision serves as a timely reminder of the foundational principles enshrined in the Preamble, which continue to guide India’s governance and legal interpretation.
• Political and Legal Clarity: The ruling brings legal clarity to the political discourse surrounding the Preamble, particularly in the face of ongoing attempts to alter its characterisation. It underscores that secularism and socialism, as defined within the Indian context, are not static or rigid but dynamic principles that evolve with the nation’s needs.
• Strengthening Constitutional Morality: The Court's ruling strengthens the notion of constitutional morality by upholding the original intent behind the inclusion of ‘secular’ and ‘socialist.’ It ensures that these terms continue to define India’s commitment to equality, justice, and pluralism, regardless of political changes or pressures.

Practice Question:

Q. Critically examine the Supreme Court’s recent verdict upholding the inclusion of the terms ‘secular’ and ‘socialist’ in the Preamble of the Indian Constitution, highlighting its implications for India’s governance and constitutional philosophy.