Supreme Court Upholds Inclusion of ‘Secular’ and ‘Socialist’ in the Constitution’s Preamble

Supreme Court Upholds Inclusion of ‘Secular’ and ‘Socialist’ in the Constitution’s Preamble

Sub: Polity

Sec: Constitution

Why in News

• The Supreme Court recently reaffirmed the inclusion of the terms ‘secular’ and ‘socialist’ in the Preamble of the Indian Constitution. This decision came in response to a batch of petitions filed in 2020 that challenged the addition of these words through the 42nd Amendment of 1976, with retrospective effect from 1949.

Background:

• The 42nd Amendment to the Indian Constitution in 1976 introduced the terms ‘secular’ and ‘socialist’ into the Preamble.
• A series of petitions were filed in 2020. They argued that the retrospective application of these terms, dating back to the Constitution’s adoption on November 26, 1949, was unjust.
• It was contended that the word ‘secular’ was intentionally excluded by the original Constituent Assembly.
• Petitioners argued that including the term ‘socialist’ restricted the economic policies of the elected government, limiting the people’s will.
• The petitioners described the retrospective insertion as a “fraud on the Constitution.”
• Supreme Court’s Verdict: The Supreme Court, in its ruling, dismissed the petitions as lacking merit, noting significant flaws in the arguments.
• The court emphasized that the Constitution evolves to meet the needs of the time, implying flexibility in interpretation.

SECULARISM:

• Secularism is defined as a separation of religious institutions from the institutions of state, and no domination of the political sphere by religious institutions.
• It is the belief that religion should not influence or be involved in the organization of society, education, government, etc.

Secularism may be categorized into two types, “hard” and “soft”.

• “Hard” secularism considers religious propositions to be epistemologically illegitimate and seeks to deny them as much as possible.
• The “soft” variety emphasizes tolerance and liberalism.

Indian philosophy of secularism is related to “Sarva Dharma Sambhava”  which means equal respect to all religions.

India does partially separate religion and state. For example, it does not have an official state religion and state-owned educational institutions cannot impart religious instructions.

INDIAN CONSTITUTINAL PROVISIONS REGARDING SECULARISM:

• Article 25: guarantees freedom of conscience and free profession, practice and propagation of religion.
• Article 26: every religious denomination has the freedom to manage its religious affairs.
• Article 27: Freedom from payment of taxes for promotion of any particular religion.
• Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 16: Equality of opportunity in matters of public employment and no citizens shall be ineligible for employment on grounds only of religion, race, caste, sex, descent, place of birth.
• Article 29: Protection of distinct language, script or culture of minorities Article 30: Rights of all minorities, whether based on religion or language, to establish and administer educational institutions of their choice.

The Preamble of India states that India is a secular country (added after 42nd Amendment Act, 1976).

SOCIALISM:

• Socialism is a political and economic system advocating for collective or governmental ownership and administration of the means of production and distribution of goods. It emphasizes reducing income inequality and ensuring social welfare and equality of opportunity.

Types of Socialism and India’s Approach

• Democratic Socialism: Balances social welfare with private sector participation, allowing for both government and private enterprises to coexist. This form focuses on social justice, regulation, and welfare policies without eliminating private ownership.
• Communist Socialism: Advocates for state ownership of all means of production and elimination of private property.
• Type Followed in India: India follows a Democratic Socialist model, where the government plays a key role in welfare and economic planning, but private enterprises are encouraged to contribute to growth and development.

Constitutional Provisions:

• Preamble of the Constitution: Defines India as a “Socialist” nation, emphasizing social, economic, and political justice for all.
• Article 38: Mandates the State to secure a social order for the promotion of the welfare of the people.
• Article 39: Calls for the State to ensure equitable distribution of resources and provide adequate means of livelihood for all citizens.
• Directive Principles of State Policy (Part IV): Incorporates socialist principles, guiding the State to work towards the well-being of all citizens, particularly underprivileged sections.

Constitutional Amendments:

• 42nd Amendment (1976): Introduced during the Emergency period, it added the terms ‘Socialist’ and ‘Secular’ to the Preamble, emphasizing India’s commitment to a just and equitable society.
• 44th Amendment (1978): Enacted post-Emergency to restore civil liberties and reduce the power given to the State during the 42nd Amendment.
• Basic Structure Doctrine: Established that the core values of the Constitution, including ‘socialism,’ cannot be altered by any amendment.