Marking the 50th anniversary of the Emergency, Rashtriya Swayamsevak Sangh (RSS) General Secretary Dattatreya Hosabale has ignited a fresh debate by demanding that the Indian National Congress apologize for the imposition of the Emergency in 1975 by then Prime Minister Indira Gandhi. Addressing an event in New Delhi, Hosabale went a step further, strongly advocating for the removal of the words "socialist" and "secular" from the Preamble of the Constitution.
Hosabale asserted that these terms were not originally part of the Constitution drafted by B.R. Ambedkar but were inserted during the Emergency through the 42nd Constitutional Amendment in 1976. He argued that this insertion took place when fundamental rights were suspended, Parliament's functioning was curtailed, and the judiciary's independence was compromised. He recalled the widespread arrests, torture, and forced sterilizations that occurred during the Emergency, emphasizing the suppression of the judiciary and media. "Those who did such things are today moving around with the Constitution's copy. They have still not apologised... Apologise," he stated, directing his comments towards the Congress party.
The inclusion of "socialist" and "secular" into the Preamble has been a topic of discussion and legal challenges for decades. The Preamble, which outlines the objectives and guiding principles of the Constitution, originally described India as a "sovereign democratic republic." The 42nd Amendment, enacted during a period of significant political upheaval, changed this to "sovereign socialist secular democratic republic."
Critics of the amendment argue that the words "socialist" and "secular" were deliberately excluded by the original framers of the Constitution. Some argue that the concept of 'secularism' was considered imprecise. They also contend that "socialist" unduly restricts the government's ability to formulate economic policies. Proponents, however, maintain that these terms reflect the evolving understanding of India's commitment to social justice, economic equality, and religious neutrality.
In November 2024, the Supreme Court dismissed petitions challenging the 1976 amendment, upholding the inclusion of "socialist," "secular," and "integrity" in the Preamble. The court, led by Justice Sanjiv Khanna, asserted that the amending power of Parliament extends to the Preamble and that the adoption date of the Constitution does not limit this authority. The court has also previously held that these terms are integral to the basic structure of the Constitution. It has defined "secular" as upholding equal respect for all religions and "socialist" as dedication to eliminating all forms of exploitation.
The debate around these terms reflects differing interpretations of India's constitutional identity. Those who support their inclusion emphasize the commitment to a welfare state and the protection of minority rights. Those who oppose it argue for a return to the original vision of the Constitution and a more limited role for the state in economic and social affairs.
Echoing Hosabale's sentiments, Uttar Pradesh Chief Minister Yogi Adityanath has also criticized the Emergency, calling it a "sin that can never be forgotten." He stated that the inclusion of "secular" and "socialist" during that period was an "attack on India's soul" and demanded an apology from the Congress party to the nation, particularly to Dalits and marginalized communities.
Hosabale's demand and the broader debate surrounding the Preamble highlight the ongoing tension between different visions of India's constitutional identity. The call for an apology from the Congress party adds a political dimension to the discussion, linking it to the historical events of the Emergency and the legacy of Indira Gandhi's government.
