‘Socialist’ and ‘secular’: What do these words mean in the Constitution, and how did they come to be part of the Preamble?

• The Leader of Congress in Lok Sabha recently claimed that the words “socialist” and “secular” were missing in the Preamble of the Constitution of India in the copies which were given to the Members of the Parliament.

The Preamble of the Constitution

• The Preamble of the Constitution serves as an introduction to the Constitution.
• It contains its basic principles and goals.
• N. A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the Constitution.
• It is based on the ‘Objectives Resolution’, drafted and moved by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947.
• It puts in words the ideal contained in the Objectives Resolution.

The words “Socialist” and “Secular”

• These two words were originally not a part of the Preamble.
• They were added by The Constitution (42nd Amendment) Act, 1976 during the Emergency imposed by then Prime Minister Indira Gandhi.

Addition of “Socialist” word

• The government headed by Prime Minister Indira Gandhi, ran socialist and pro-poor images with slogans like “garibi hatao” as part of their campaign.
• It inserted the word Socialist in the Preamble to underline that socialism was a goal and philosophy of India.
• However, the socialism envisaged by the Indian state was not the socialism of the USSR or China of the time.
• It did not envisage the nationalisation of all of India’s means of production.

Addition of “Secular” word

• The people of India profess numerous faiths, and endorse unity and fraternity which was sought to be achieved by enshrining the ideal of “secularism” in the Preamble.
• In essence, this means
  • The state protects all religions equally
  • Maintains neutrality and impartiality towards all religions
  • Does not uphold any one religion as a “state religion”
• A secular Indian state is concerned with the relationship between human being and human being and not between human being and God.
  • The relationship between human being and God is a matter of individual choice and individual conscience.
• Secularism in the Indian Constitution, therefore, is not a question of religious sentiment, but a question of law.
• The secular nature of the Indian state is secured by Articles 25-28 of the Constitution.
• In essence, it was always a part of the philosophy of the Constitution.
• The 42nd Amendment only formally inserted the word into the Constitution.
• It made explicit what was already implicit in various provisions and overall philosophy of the founding document of the Republic.