PYQ Relevance:[UPSC 2024] Discuss India as a secular state and compare with the secular principles of the US Constitution. Linkage: This question directly addresses India’s secular character. The article explicitly defines Indian secularism not as “mere religious neutrality but the positive assurance that the state will treat all religions equally, protect the rights of minorities, and ensure that no citizen suffers discrimination on the basis of faith”. |
Mentor’s Comment: The words (socialism and secularism) were added during the Emergency through the 42nd Constitutional Amendment (1976), but they are not just additions; they are core values that reflect the spirit of India’s freedom struggle and the vision of the Constitution’s framers.
Today’s editorial analyses the impact of the removal of socialism and secularism in the Indian Constitution. This topic is important for GS Paper II (Indian Polity) in the UPSC mains exam.
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Let’s learn!
Why in the News?
The recent statement by the right-wing leader advocating the removal of “socialism” and “secularism” from the Preamble of the Constitution has triggered widespread concern.
What is the role of socialism and secularism beyond the Preamble?
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Role of Socialism beyond the Preamble:
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- Embedded in Directive Principles: Articles like 38, 39, 41–43 guide the state to secure economic justice, reduce inequality, and promote welfare measures.
- Reflected in Fundamental Rights: Article 14 (equality before law) and Article 16 (equal opportunity in public employment) embody the socialist commitment to justice and dignity.
- Guides Judicial and Legislative Action: Courts and lawmakers have interpreted and enacted policies (like land reforms, reservation, public healthcare) in line with socialist philosophy to ensure inclusive growth.
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Role of Secularism beyond the Preamble:
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- Constitutional Protections for Religious Freedom: Articles 25–28 ensure freedom of religion, worship, and prohibit religious taxes or religious instruction in state-funded institutions.
- Equality and Non-Discrimination: Articles 15 and 29–30 ensure that no citizen is discriminated against based on religion and that minority cultural and educational rights are protected.
- Part of Basic Structure Doctrine: The Supreme Court has affirmed that secularism is inherent to the Constitution’s basic structure, safeguarding religious neutrality of the state in governance. Eg: In S.R. Bommai v. Union of India (1994), secularism was upheld as part of the basic structure.
Why is removing socialism and secularism seen as a threat to the basic structure?
- Undermines Constitutional Guarantees of Equality and Justice: Secularism ensures the equal treatment of all religions and protects minority rights, while socialism underpins the goal of economic equality and a welfare state. Their removal would weaken the guarantee of justice, liberty, and equality. Eg: Articles 14–16 (Right to Equality) and 25–30 (Freedom of Religion and Minority Rights) draw directly from secular and socialist ideals.
- Contradicts the Foundational Vision of the Constitution: The Objective Resolution, Constituent Assembly Debates, and freedom struggle clearly endorsed secular and socialist principles as integral to India’s identity. Removing them attempts to rewrite history and alter the spirit of the Constitution. Eg: Dr. B.R. Ambedkar’s final speech in the Constituent Assembly emphasized equality and fraternity—values rooted in socialism and secularism.
How do India’s freedom struggle and debates reflect these constitutional values?
- Freedom Struggle Emphasised Equality and Social Justice (Socialism): Leaders like MK Gandhi, Nehru, and Ambedkar envisioned an India free not only from colonial rule but also from poverty, caste oppression, and economic exploitation. These ideals laid the foundation for a socialist orientation in the Constitution, focusing on welfare, equitable distribution, and dignity for all.
- Constituent Assembly Debates Favoured Religious Pluralism and Inclusion (Secularism): The framers, influenced by India’s diverse social fabric, stressed a neutral state that treats all religions equally. Debates clearly show a consensus that religion should not influence state affairs, leading to the inclusion of secular provisions like Articles 25–28.
How has the Supreme Court upheld secularism under the basic structure doctrine?
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Way forward:
- Strengthen Constitutional Literacy and Civic Education: Promote widespread awareness about the values of socialism and secularism embedded in the Constitution through school curricula, public campaigns, and community programs. An informed citizenry is essential to defend constitutional principles against any attempts at dilution.
- Judicial and Legislative Vigilance: The judiciary must remain proactive in upholding secularism and social justice as part of the basic structure doctrine. Parliamentarians and civil society must oppose regressive amendments and uphold constitutional morality in lawmaking and governance.
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