The debate surrounding the inclusion of the words "socialist" and "secular" in the Preamble of the Indian Constitution has resurfaced, with arguments for and against their removal gaining traction. These terms were added in 1976 during the Emergency period by the 42nd Amendment, under Prime Minister Indira Gandhi.

Historical Context of the Additions

The original Preamble of the Indian Constitution, adopted in 1950, described India as a "Sovereign Democratic Republic". The 42nd Amendment Act of 1976, a controversial piece of legislation passed during a period of curtailed civil liberties and weakened constitutional checks, inserted the words "socialist" and "secular," thereby defining India as a "Sovereign Socialist Secular Democratic Republic". The then-government justified these additions as a means to reinforce the nation's commitment to social justice, economic equality, and religious neutrality. The term "socialist" was intended to signal a focus on welfare policies and poverty eradication, while "secular" aimed to reflect the state's neutrality in religious matters.

Arguments for Removing "Socialist" and "Secular"

• Undemocratic Insertion: Critics argue that the inclusion of "socialist" and "secular" during the Emergency lacked popular will and proper debate, making it a political maneuver during a crisis.
• Threat to Original Intent: Some experts claim that amending the Preamble dilutes the original intent of the Constitution's framers, asserting that these values were always implicit. They point out that members of the Constituent Assembly had proposed including these terms, but the proposals were rejected.
• Ideological Imposition: The inclusion is viewed by some as an ideological imposition by the Congress government during the Emergency. Some argue that identifying as a "socialist" country limits policy choices, while others see "secular" as a negation of India's Hindutva legacy.
• Redundancy: Some argue that the term "secular" is unnecessary because the Constitution already ensures religious equality through Articles 14, 15, and 16, which prohibit discrimination on religious grounds.
• Western Constructs: Critics argue that socialism and secularism are Western constructs alien to Indian civilizational ethos.

Arguments for Retaining "Socialist" and "Secular"

• Reflecting Constitutional Values: Supporters argue that "socialist" and "secular" encapsulate India's core values of justice, equality, and freedom of religion.
• Secularism as a Fundamental Feature: Secularism ensures that the state treats all religions equally, guaranteeing religious freedom for all citizens, as upheld by multiple Supreme Court rulings.
• Promoting Social Justice: The term "socialist" reflects India's commitment to a welfare state, ensuring economic justice and reduction of inequalities.
• Constitutional Basis: The Indian model of socialism is democratic, not communist, seeking to balance public welfare with private sector growth.
• Judicial Endorsement: The Supreme Court has ruled secularism and socialism as part of the basic structure of the Constitution, which cannot be removed or amended by Parliament.

Supreme Court's Stand

The Supreme Court has consistently upheld the inclusion of "socialist" and "secular" in the Preamble. In a 2024 ruling, the court dismissed petitions challenging their inclusion, affirming the validity of the 42nd Amendment. The court has also asserted that these terms have become integral to India's constitutional identity. It has clarified that India's interpretation of secularism means the state neither supports nor penalizes any religion. The socialist principle is manifested through Directive Principles that mandate reducing inequality and ensuring fair distribution of resources.

The debate over these words reflects differing perspectives on India's identity, constitutional principles, and political direction.