Supreme Court upholds ‘secular, socialist’ in Preamble of the Constitution

Syllabus: GS2/ Polity

Context

• The Supreme Court in an order, upheld the inclusion of ‘socialist and secular’ in the Preamble of the Constitution.

Background

• The order was based on a batch of petitions filed in 2020 challenging the validity of the inclusion of ‘socialist’ and ‘secular’ in the Preamble through the 42nd Constitution Amendment in 1976.
• The petition argued that the insertions were made with retrospective effect.

Supreme Court ruling

• The court interpreted that the word ‘secular’ denotes a Republic that upholds equal respect for all religions.
  • ‘Socialist’ represents a Republic dedicated to eliminating all forms of exploitation, whether social, political, or economic.
• The Supreme Court reaffirmed that the Preamble is an integral part of the Constitution. 
• Also the Constitution is a “living document” and can evolve according to the needs of society.

Secular Ethos in India

• Secularism is enshrined not just in the Preamble but in various constitutional provisions that guarantee equal treatment of all religions (Articles 15, 16, 25).
• The principle of secularism ensures that the Indian State remains impartial, protecting the rights of citizens regardless of their religious affiliations.

Socialism in India

• Socialism in India finds its origins in the freedom movement, where leaders like Jawaharlal Nehru and Subhas Chandra Bose championed a state-driven economy for equitable growth. 
• Development in India;
  • Nehruvian Model: Adoption of state-led industrialization and planned economic development, exemplified by the establishment of Public Sector Undertakings (PSUs).
  • Land Reforms: Redistribution of land to address feudal inequalities.
  • Social Justice Movements: Enactment of affirmative action policies like reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.

Concluding remarks

• The Supreme Court’s ruling affirms the constitutionality of the 42nd Amendment and reinforces the vision of a secular and socialist India, reflecting the nation’s commitment to equality, justice, and social welfare.
• This decision reiterates the dynamic nature of the Constitution, which can evolve to reflect the changing needs of society while preserving its core principles.

Source: TH