The Supreme Court of India has dismissed a plea challenging the constitutional validity of the 1976 amendment to the Preamble of the Indian Constitution. The amendment, enacted during the Emergency under the leadership of then Prime Minister Indira Gandhi, introduced the terms ‘secularism’ and ‘socialism’ into the preamble. These additions have since shaped India’s identity as a sovereign, socialist, secular, and democratic republic.
Background of the Amendment
The 42nd Amendment, often referred to as the “mini-Constitution,” was passed in 1976 during a period of Emergency (1975–1977), It was a contentious period in Indian history when fundamental rights were curtailed, and parliamentary proceedings were dominated by the ruling Congress party. Critics have long contended that the amendment was not reflective of democratic consent due to the political climate of the time.
Dr. Subramanian Swamy, a senior politician and petitioner in the case, argued that the insertion of the terms ‘secularism’ and ‘socialism’ was undemocratically “pushed through” during Emergency. He further highlighted the economic and social impacts of these ideological terms, suggesting they constrained governance by forcing adherence to specific socio-political ideals.
Supreme Court’s Ruling
The bench upheld the amendment, reaffirming the validity of the changes made during the 42nd Amendment. The Court reasoned that the terms ‘secularism’ and ‘socialism’ align with the overarching principles of justice, equality, and fraternity. These are fundamental principles of Indian governance enshrined in the Constitution. It observed that these concepts were inherent in the original Constitution and that their formal inclusion in the Preamble merely clarified India’s ideological framework.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
-Preamble to the Indian Constitution (Pre-Amendment)
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
-Preamble to the Indian Constitution (Post-Amendment)
The Debate over ‘Secularism’ and ‘Socialism’
The inclusion of ‘secularism’ and ‘socialism’ in the preamble has sparked debate over the years. Supporters argue that these values are integral to India’s constitutional identity, ensuring religious harmony and equitable resource distribution. Critics, however, claim the terms impose ideological rigidity, potentially limiting diverse interpretations of governance.
“The two expressions ‘socialist’ and ‘secular’ were made in 1976 through amendments and the fact that the Constitution was adopted in 1949 does not make any difference. The retrospectivity arguments if accepted will apply to all amendments,” noted the Chief Justice of India Sanjeev Khanna.
Dr. Swamy’s plea argued that socialism, in particular, had an economic connotation that does not align with a modern, liberal market-driven economy. He suggested that the amendment imposed a dated framework incompatible with contemporary realities.
However, the CJI observed that socialism in the constitution means a welfare state promoting equal opportunity for all sectors. “Socialism here means a welfare state where there should be equality of opportunity for all. It has never prevented the private sector from thriving here. We have all benefited from the private sector… The idea of socialism runs through many Articles of the Constitution,” the CJI had observed during the hearing.
The term ‘secular’ reflects that India has no official state religion and upholds equal respect for all religions. The state neither favors nor discriminates against any faith, ensuring religious freedom for all citizens. This principle promotes harmony and tolerance among diverse religious communities. By maintaining its secular character, the Indian state safeguards the rights of all individuals and religious groups. It ensures that religion remains a personal choice, free from state interference.
The Emergency (1975–1977) remains a contentious chapter in India’s political history, marked by censorship, the suspension of civil liberties, and concentrated political power. The 42nd Amendment, introduced sweeping changes to the Constitution, many of which have been amended or diluted in subsequent years. However, the inclusion of ‘secularism’ and ‘socialism’ has persisted.
Manbilas Singh is a talented writer and journalist who focuses on the finer details in every story and values integrity above everything. A self-proclaimed sleuth, he strives to expose the fine print behind seemingly mundane activities and aims to uncover the truth that is hidden from the general public. In his time away from work, he is a music aficionado and a nerd who revels in video & board games, books and Formula 1.
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