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Subject: Schedules/Parts

  • [4th July 2025] The Hindu Op-ed: Socialism, Secularism are the spirit of the Constitution

    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?

    • Role of Socialism beyond the Preamble:

        • 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.

    • Role of Secularism beyond the Preamble:

      • 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?

    • Kesavananda Bharati Case (1973): The Court held that Parliament cannot alter the “basic structure” of the Constitution. Though this case didn’t directly address secularism, it laid the foundation for later rulings protecting it as part of the core constitutional philosophy.
    • S.R. Bommai Case (1994): The Court explicitly declared that secularism is part of the Constitution’s basic structure. It ruled that a state government can be dismissed if it acts against secular principles, reinforcing that the State must remain neutral and equidistant from all religions.
    • Aruna Roy v. Union of India (2002): The Court upheld that secularism does not mean hostility to religion, but rather equal respect for all religions (Sarva Dharma Sambhava). It reaffirmed that religious pluralism and tolerance are integral to the Indian State’s identity.

    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.

  • ‘Socialist’ and ‘Secular’ Words in Preamble

    Why in the News?

    A far-right leader has called for a public debate on the terms “socialist” and “secular” in the Preamble of the Indian Constitution, arguing they were added undemocratically during the Emergency via the 42nd Amendment and now require re-evaluation.

    About the Preamble:

    • Overview: It is the introductory statement to the Constitution of India. It sets out the philosophy, vision, and objectives of the Constitution.
    • Origin: It is based on the Objectives Resolution introduced by Jawaharlal Nehru on December 13, 1946, and adopted by the Constituent Assembly on January 22, 1947.
    • Declaration made: It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and seeks to secure to all citizens:
      Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity), and Fraternity (assuring dignity and national unity).
    • Significance: It serves as a guiding light for interpreting the Constitution. N.A. Palkhivala called it the “Identity Card of the Constitution”, while K.M. Munshi described it as the “Political Horoscope” of India.
    • Key symbolism associated:
      1. Source of Authority – We, the People of India emphasizes that power originates from the people.
      2. Nature of Indian State – India is described as Sovereign, Socialist, Secular, Democratic, Republic.

    Preamble

    Amendments to the Preamble:

    • Can the Preamble be amended: Yes, the Supreme Court in the Kesavananda Bharati case (1973) held that the Preamble is part of the Constitution and can be amended, provided the Basic Structure Doctrine is not violated.
    • The Preamble has been amended only once in the history of the Constitution.
    • 42nd Constitutional Amendment Act, 1976:
      • Passed during the Emergency (1975-77) under Prime Minister Indira Gandhi.
      • Based on the recommendations of the Sardar Swaran Singh Committee.
    • Three words were added:
      • “Socialist” and “Secular” – inserted between “Sovereign” and “Democratic”.
      • “Integrity” – added to the phrase “Unity of the Nation” → changed to “Unity and Integrity of the Nation”.

    Why was it controversial?

    • It was passed during the Emergency, a time of suppressed democratic processes and curbed civil liberties.
    • Critics argue that the words were politically motivated and not part of the original constitutional vision.
    • Proponents argue that these values were already implicitly present in the Constitution, and the amendment merely made them explicit.

    Preamble as an integral part of the Constitution: Key Judgments

    • Berubari Union Case (1960):
      • The Supreme Court initially held that the Preamble is not a part of the Constitution.
      • It could be used to interpret ambiguous provisions but had no independent legal standing.
    • Kesavananda Bharati Case (1973): The Court overruled the earlier view and held that:
      • The Preamble is a part of the Constitution.
      • It reflects the basic structure and essential philosophy of the Constitution.
      • However, it cannot be used to override specific provisions of the Constitution.
    • LIC of India Case (1995):
      • The Court reaffirmed that the Preamble is an integral part of the Constitution.
      • But it is not enforceable in a court of law—i.e., one cannot file a case solely based on a violation of the Preamble.
    [UPSC 2020] The Preamble to the Constitution of India is:

    Options: (a) a part of the Constitution but has no legal effect (b) not a part of the Constitution and has no legal effect either (c) part of the Constitution and has the same legal effect as any other part (d) a part of the Constitution but has no legal effect independently of other parts

    [UPSC 2016] Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances?