SOCIALIST AND SECULAR IN THE PREAMBLE

IN NEWS

• Recently, some of the Members of the Lok Sabha have claimed that the words “Socialist” and “Secular” were omitted in the New Copies of the Preamble of the Constitution of India.

BACKGROUND

• Every Constitution has a philosophy. The philosophy underlying the Constitution of India was summed up in the Objectives Resolution, which was adopted by the Constituent Assembly on 22nd January, 1947.
• The Preamble of the Constitution puts in words the ideal contained in the Objectives Resolution. It serves as an introduction to the Constitution, and contains its basic principles and goals.
• The words "Socialist" and "Secular" were added to the Preamble through the Constitution (42nd Amendment) Act, 1976, during the period of Emergency under Prime Minister Indira Gandhi's government.
• The insertion of "socialist" aimed to emphasize socialism as a goal and philosophy of the Indian state, with a focus on eradicating poverty and adopting a unique form of socialism that involved nationalization only in specific sectors where necessary.
• The inclusion of "secular" reinforced the idea of a secular state, treating all religions equally, maintaining neutrality, and not endorsing any particular religion as a state religion.

THE SIGNIFICANCE OF THE WORDS ‘SOCIALIST’ AND ‘SECULAR’

Basic Structure Doctrine

• The Supreme Court has delivered several landmark judgments emphasizing the secular and socialist nature of the Indian state.
• In the case of S.R. Bommai v. Union of India (1994), the court reiterated that secularism was part of the basic structure of the Constitution, and any attempt to subvert it would be unconstitutional.
• In the case of D.S. Nakara v. Union of India (1983), the court emphasized that socialism was one of the key elements of the Preamble, and it was the duty of the state to ensure economic justice and the equitable distribution of wealth.

Inclusivity and Minority Rights:

• In a country as diverse as India, with multiple faiths and beliefs, secularism acts as a safeguard against religious discrimination.
• It ensures that the government does not favour any particular religion and that minority rights are protected.

Social Justice and Economic Equity:

• The word "socialist" reflects a commitment to reducing economic disparities and promoting welfare policies for the benefit of all citizens, especially the marginalized and underprivileged.
• Through various constitutional provisions(Like DPSPs) and government policies, India has striven to create a more equitable society by addressing issues like land reform, affirmative action, and poverty alleviation programs.

DEBATES ON REMOVAL OF WORDS ‘SOCIALIST’&‘SECULAR’

Ideological beliefs and their representation

• Those advocating for the removal argue that the words "socialist" and "secular" were inserted during the Emergency in 1976.
• They believe this was an imposition of a particular political ideology and goes against the principles of representation and democratic decision-making.

The Initial Intent and the Philosophical Foundation of the Constitution

• Critics argue that the original Preamble, as adopted in 1950, didn't include these words.They emphasize that the Constitution's philosophy already encompassed the ideas of justice, equality, liberty, and fraternity without explicitly mentioning socialism and secularism.
• They argue that these values were always implicit in the Constitution and no need for them to be separately added in the preamble.

Concerns of Misinterpretation:

• Some critics express concerns that the words "socialist" and "secular" might be misinterpreted or misused, potentially leading to policies and actions that deviate from their original intent.
• They argue for a more neutral and flexible approach in the Preamble.

WAY FORWARD

Fostering Inclusive Public Discourse:

• Promote a well-informed and inclusive public dialogue regarding the implications of including "socialist" and "secular" in the Preamble.
• This should engage academia, civil society, political parties, and citizens to comprehend diverse viewpoints and apprehensions.

Structured Debate within Constitutional Bodies:

• Initiate a structured discourse within constitutional institutions, such as Parliament, to deliberate on the significance, interpretation, and historical backdrop of the terms "socialist" and "secular" in the Preamble.
• Encourage comprehensive discussions to assess the consequences of any potential alterations.

Establishing an Independent Committee:

• Constitute an independent committee comprising constitutional experts, legal scholars, historians, and sociologists to investigate the historical context, constitutional philosophy, and legal consequences of incorporating "socialist" and "secular" in the Preamble. Their findings can offer valuable insights.

CONCLUSION

• "Socialist" and "secular" are not mere words in the Indian Constitution; they are the bedrock of India's democratic and constitutional framework.
• They symbolize the nation's commitment to social justice, religious harmony, and the well-being of all its citizens.
• These principles, deeply rooted in the Preamble and protected by the Basic Structure Doctrine, continue to guide India as it strives to build a more inclusive and equitable society.

PRACTICE QUESTION

Q: Examine the importance of 42^nd Constitutional Amendment Act in reinforcing constitutional philosophy.