Evolution of Preamble in India- Explained Pointwise

The Supreme Court of India (SC) dismissed the petitions which challenged the addition of the terms ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble by the 42nd Amendment Act, 1976. The petitioners challenged that these terms were undemocratically introduced during the Emergency. The original Preamble, which was adopted on November 26, 1949, declared India as a sovereign, democratic, republic. Petitioners claimed the date of adoption in the Preamble precluded later additions and sought either their removal or relocation to a separate section.

What is the SC judgement on the petitions asking for the removal of the terms added by the 42nd CAA?

1. Essential to the Constitution’s Basic Structure- The Court dismissed the challenges, affirming that ‘socialist’ and ‘secular’ are essential to the Constitution’s basic structure. The court provided reference to the 1994 S.R. Bommai ruling, which affirmed secularism as basic structure of the constitution.

2. Rationale of the Constituent Assembly to avoid the terms-

a. SC held that the Constituent Assembly deliberately avoided the term ‘socialist’ to allow future generations the flexibility to define the country’s economic framework.

b. SC also held that the word ‘secular’ was omitted as the framers of the Constitution had envisioned a secular India, emphasizing equality, religious freedom, and the right to belief and conscience as fundamental rights.

3. Explanation of Socialism and Secularism in present context

a. Socialism- SC held that socialism’ reflects India’s welfare state model, allowing private enterprise alongside state-driven welfare measures. India’s initial post-independence years emphasized democratic socialism, with centralized planning and state-led industries. Economic liberalization post-1991 shifted the focus to a market-oriented economy, lifting millions out of poverty. Despite growth, rising inequalities persist, necessitating welfare measures like MGNREGA, subsidized food, and direct benefit transfers. The Court highlighted that socialism remains vital for addressing inequality.

b. Secularism- ‘Secularism’ in India ensures religious neutrality, protecting freedom of belief and equality for all faiths. The Court reaffirmed secularism as a basic feature of the Constitution, referencing its 1994 S.R. Bommai ruling. It clarified that India’s version of secularism ensures the state remains neutral, neither supporting nor penalizing any religion, and treats all faiths equally.

4. SC response to the Amendment’s Emergency Origins- The SC bench dismissed arguments that the terms’ inclusion during the Emergency delegitimized their validity. It highlighted that the 44th Amendment debates in 1978 reaffirmed these terms through parliamentary discussion. It emphasized that the Constitution, as a living document, can be amended, including the Preamble.

What has been the evolution of legal interpretations of the preamble?

For decades, the question, of whether the Preamble is a part of the Indian Constitution, sparked debates within legal circles. The Supreme Court addressed this question in various cases, offering differing interpretations and perspectives on the matter.

What is the Significance of preamble?

The significance of the Preamble to the Indian Constitution is multifaceted and profound.

1. Core value of the constitution- The Preamble serves as a repository of the fundamental philosophy and core values upon which the Constitution is built. As noted by Sir Ernest Barker, the Preamble acts as a “keynote of the Constitution.” Thus, providing a measure by which the Constitution’s worth can be assessed.

2. Testament to the Constituent assembly- The preamble stands as a testament to the grand and noble vision of the Constituent assembly and reflects the mind of the makers of the Constitution of India.

3. Goals to be pursued by the country- The Preamble also delineates the lofty objectives and socio-economic goals that are to be pursued through constitutional avenues.

4. Identity Card of the Constitution- The Preamble serves a practical function by acting as an aid during the interpretation of the Constitution, particularly in instances where the language may be ambiguous. As articulated by N.A. Palkhivala, it functions as the “identity card of the Constitution.”

5. Collective will of the people of India- The Preamble also establishes that the ‘source of power’ of the Indian Constitution lies in the citizens of India. It begins with the words, “We, the people of India, having solemnly resolved to constitute India” – reflecting the aspirations and collective will of the people of India.

What are the Critiques of the Preamble?

1. Non-justiciable nature of the Preamble- Some argue that the ‘lofty provisions’ articulated within it remain as aspirational goals rather than legally binding obligations.

2. Non realization of preamble goals- Despite the professed goals of liberty, equality, and justice, it is contended that these ideals have not been fully realized in Indian society. This assertion is underscored by India’s poor rankings in global indices such as the World Press Freedom Index of 2024 (159th), the Global Gender Gap Index of 2023 (127th), and findings from reports such as those issued by Oxfam.

3. Challenge to spirit of fraternity- The persistence of caste-based social hierarchies and recurrent communal riots highlight the continued struggle to in the Preamble.

4. Threat to Unity and Integrity- The nation grapples with various internal challenges like regionalism, left -wing extremism, insurgency in the Northeast, terrorism in Jammu and Kashmir, drug trafficking and separatist movements, all of which pose significant threats to the unity and integrity of the nation.

Conclusion

As the Constitution marks 75 years, the Supreme Court’s verdict reiterates the enduring importance of the principles of secularism and socialism in shaping India’s democratic and inclusive ethos.