GS2 – Polity
Context
Recent debates question the inclusion of “Socialist” and “Secular” in the Preamble via the 42nd Amendment (1976). However, constitutional jurisprudence affirms these as inherent values of India’s constitutional order.
The 42nd Constitutional Amendment (1976)
- Introduced under Prime Minister Indira Gandhi during the Emergency (1975–77).
- Key additions:
- “Socialist” and “Secular” to the Preamble.
- “Integrity” to the idea of fraternity.
- Enforced Fundamental Duties and expanded Directive Principles.
- Reduced judicial review and froze delimitation of parliamentary constituencies.
- Political Context:
- Rise of opposition (Bharatiya Jana Sangh).
- Nationalisation policies and abolition of royal privileges.
- Attempt to justify Emergency-era governance.
- Post-Emergency Reversal:
Most of the 42nd Amendment was reversed by the 44th Amendment (1978) under the Janata Government, except the changes to the Preamble.
Secularism as an Inherent Constitutional Principle
Fundamental Rights Supporting Secularism:
- Article 14: Equality before the law.
- Article 15: No discrimination on religious or caste grounds.
- Article 16: Equal public employment opportunity for all.
- Articles 25–28: Religious freedom and regulation of non-essential practices.
- Articles 29 & 30: Minority rights to conserve culture and education.
Judicial Endorsements:
- Kesavananda Bharati Case (1973): Secularism declared part of the basic structure.
- S.R. Bommai Case (1994): Reaffirmed secularism as a core constitutional value.
- Minerva Mills Case (1980): Defended socialism as aligned with Directive Principles.
- Recent 2024 Ruling: Supreme Court upheld inclusion of secular and socialist, stating they don’t violate fundamental rights or legislative powers.
Interpretive Role of the Preamble
- Not enforceable by law, but serves as a moral and interpretive compass (Berubari Union, 1961).
- Secularism existed before 1976 in constitutional principles.
- Indian secularism promotes equal respect for all faiths and state neutrality in religious affairs.