SC statement on Socialism and secularism in India and the Preamble Amendment

Source: This post on SC statement on Socialism in India and the Preamble Amendment has been created based on the article “Socialism in India means a welfare state not dictatorial dogma, says CJI Sanjiv Khanna” published in The Hindu on 23rd November 2024.

Why in news?

Recently, the Supreme Court recently gave statement on a challenge to the inclusion of the terms “socialist” and “secular” in the Constitution’s Preamble, added by the 42nd Amendment during the Emergency era. However, the final judgement is still awaited. 

About the court’s observation

Chief Justice of India (CJI) Sanjiv Khanna emphasized that:

i) Socialism in India signifies a welfare state ensuring equality of opportunity and is not akin to dictatorial ideologies.

ii) It accommodates both individualism and private sector growth alongside public sector contributions, as reflected in various constitutional Articles.

iii) Secularism is a fundamental aspect of the Constitution’s Basic Structure, alongside socialism and cannot be detached. The Preamble, amendable under Article 368 is an integral part of the Constitution and evolves to align with national welfare goals.

iv) The judgment reaffirmed that secularism which is rooted in principles like equality and fraternity and is intrinsic to the Constitution’s ethos and cannot be compromised.

v) In the previous judgements also, the court emphasized secularism is intrinsic to the Constitution’s Basic Structure with terms like ‘equality’ and ‘fraternity’ reflecting its essence.

Concept of socialism and secularism in Preamble

1. The concepts of socialism and secularism are explicitly mentioned in the Preamble of the Indian Constitution. Both principles emphasize the democratic and inclusive framework of the Constitution. These terms were added through the 42nd Amendment Act, 1976.

2. Socialism signifies the commitment to social and economic justice, aiming to reduce inequality in wealth, status, and opportunities.

3. Secularism ensures that the state treats all religions equally without favoring or discriminating against any faith.

Socialism and secularism in Indian Constitution

1. Fundamental rights: The Indian Constitution reflects its commitment to socialism and secularism through various provisions. Socialism is upheld via Fundamental Rights like Article 14 (equality before law), Article 21 (right to life and socio-economic rights), and Article 23 (prohibition of forced labor).

2. Directive Principles of State Policy (DPSP): It is also mentioned as Directive Principles of State Policy (DPSP) such as Article 38(1) (justice-based social order), Article 39 (equitable wealth distribution), Article 41 (right to work and education), and Article 46 (upliftment of weaker sections). Public sector undertakings and welfare schemes under Articles 39(b) and 39(c) further embody socialism.

3. Fundamental rights: Secularism is supported by Fundamental Rights like Article 15 (no religious discrimination), Article 25 (freedom of religion), Article 27 (no taxes for religious promotion), and Article 28 (restrictions on religious instruction in state institutions).

4. Directive Principles of State Policy (DPSP): Article 44 in the DPSP advocates a Uniform Civil Code, and Article 51A(e) emphasizes harmony beyond religious divides.

Read more: Supreme Court Declares Secularism as a Core Part of the Constitution

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