Debate Over 'Socialist' and 'Secular' in the Preamble

• 02 Jul 2025

For Prelims: Preamble of the Constitution of India, 42nd Amendment Act, 1976, Emergency, National Emergency, (1975-77), 44th Amendment Act, 1978,  Article 44 (Uniform Civil Code),  Kesavananda Bharati Case (1973), S. R. Bommai v. Union of India  (1994), Minerva Mills v. Union of India (1980) 

For Mains: Debate over the Words Socialist and Secular in Constitution. 

Source: IE 

Why in News? 

A renewed debate has emerged over the inclusion of the words “socialist” and “secular” in the Preamble, added during the Emergency via the 42nd Amendment Act, 1976. Critics argue that these terms were inserted without wide consultation and may not align with India’s inherently secular civilisational ethos.  

• The discussion has reignited questions about their constitutional legitimacy and contemporary relevance. 

What is the Preamble of the Indian Constitution? 

• About: The Preamble is the introductory statement of the Constitution of India, outlining the core values, guiding principles, and objectives upon which the Constitution is based. 
  • It reflects the aspirations of the people and serves as a key to understanding the Constitution’s spirit. 
  • The philosophy underlying the Constitution of India was summed up in the Objectives Resolution, which was adopted by the Constituent Assembly on 22nd January, 1947. 
• Insertion of ‘Socialist’ and ‘Secular’: Originally, when the Constitution came into effect on 26th January 1950, the Preamble declared India as a Sovereign Democratic Republic, committed to securing: 
  • Justice (social, economic, and political), 
  • Liberty (of thought, expression, belief, faith, and worship), 
  • Equality (of status and opportunity), and 
  • Fraternity (assuring individual dignity and national unity). 
  • The 42nd Constitutional Amendment Act, 1976, enacted during the National Emergency, (1975-77) added the terms ‘Socialist’ and ‘Secular’ to the Preamble. 
    • Socialist signified the state's commitment to reducing inequality and ensuring distributive justice through a mixed economy model. 
    • Secular reaffirmed the principle of equal respect for all religions, ensuring that the state maintains neutrality in religious matters without endorsing any faith. 
    • The word “Integrity” was added alongside “unity” in the expression “unity and integrity of the Nation”. 
  • While many changes made during the Emergency were later reversed through the 44th Amendment (1978), the additions to the Preamble remained enacted. 

What does 'Secularism' Mean in the Indian Context? 

• About: Indian secularism is a unique and inclusive model that ensures equal respect and treatment of all religions. It seeks to prevent inter-religious and intra-religious domination, while ensuring that the State maintains principled distance from all faiths. Rather than being anti-religious, it upholds pluralism, tolerance, and constitutional morality. 
• 3-fold Strategy of Indian Secularism: 
  • Principled Distance: The Indian State maintains neutrality and does not favour or promote any religion. 
    • No religious instruction or celebration in government schools 
    • No religious symbols in courts or public offices 
    • Ensures equal treatment of all religions in public life 
    • State remains equidistant from all faiths 
  • Non-Interference: The State respects religious sentiments and avoids unnecessary intrusion into religious practices, as long as they don’t violate Fundamental Rights or Constitutional provisions. 
    • Example: Religious communities managing their own places of worship and festivals. 
  • Selective Intervention: The State intervenes when religious practices contradict constitutional values such as equality, dignity, and justice. 
    • Eg: Abolition of untouchability (Article 17), Reform of personal laws (ensuring gender equality), Laws enabling equal inheritance rights for women etc. 
• Secularism Before the 42nd Amendment, 1976: Before the 42nd Amendment in 1976, the word “secular” was not explicitly mentioned in the Preamble, but the spirit of secularism was embedded in the Constitution.  
  • Key provisions included Article 14 (equality before law), Articles 15 & 16 (prohibition of discrimination on religious grounds), Articles 25-28 (freedom of religion), and Article 44 (Uniform Civil Code as a Directive Principle), Collectively upholding the secular character of the Indian State. 
• Indian vs. Western (US) Secularism: 

 

What were the Key Dilemmas in Explicitly Including the Term 'Secular' in the Constitution? 

• Constitutional Role vs. Ideological Proclamation: Dr. B.R. Ambedkar believed that the Constitution should serve as a framework of governance and not impose fixed ideological commitments.  
  • He argued that social and political ideals must evolve through the will of the people over time, rather than be dictated by the Constitution. 
• Risk of Superficial Symbolism: Pandit Jawaharlal Nehru believed that adding 'secular' would be a symbolic gesture lacking real impact, stating that secularism must be lived, practiced, and protected, not merely declared in words. 
• Fear of Misinterpretation: Many members including Loknath Misra and HV Kamath feared that explicitly using the term might be misconstrued as anti-religious or irreligious, potentially alienating religious communities in a deeply spiritual and diverse society. 
• Need for Legislative Flexibility: Including the word ‘secular’ was seen by some as limiting the future legislative scope of the State, especially when reforming religious practices for social justice (e.g., abolishing untouchability or reforming personal laws). 

What are the Arguments in Favour & Against the Inclusion of the word “Socialist” or “Secular” in Indian Constitution? 

Arguments in Support of Inclusion 

• The Constitution is Inherently Secular and Socialist: Even before the 42nd Amendment, 1976, secularism and socialism were implicit in various provisions. 
  • Article 14, 15, 16, 25-28 protect religious freedom and prohibit discrimination. 
  • Directive Principles (Part IV) reflect socialist goals such as equitable distribution of wealth, social justice, and state welfare. 
• Historical and Political Context: Inclusion of the terms "secularism" and "socialism" in the Preamble reaffirmed India's religious neutrality and the political will of the time, as the 2nd Amendment 1976 sought to enshrine these values, which were later retained by the 44th Amendment, 1978. 
• Judicial Endorsement: 
  • In Kesavananda Bharati Case (1973), the Supreme Court (SC) ruled secularism and socialism as part of the basic structure, which cannot be removed or amended even by Parliament. 
  • In S. R. Bommai v. Union of India  (1994), SC reaffirmed secularism as a basic feature of Indian democracy. 
  • In Minerva Mills v. Union of India (1980), the SC held that the socialist objectives in the DPSPs are fundamental to the Constitution, and in certain cases, Articles 39(b) and 39(c) can override Articles 14 and 19 to uphold socialism and economic justice. 
  • In Dr. Balram Singh v. Union of India (2024), the Supreme Court dismissed petitions challenging the insertion of the words "socialist" and "secular" into the Preamble, upholding their validity and alignment with the Constitution. 

Arguments Against Inclusion 

• Against Original Intent: Critics argue that Dr. B.R. Ambedkar and the framers believed the values of “socialist” and “secular” were already inherent in the Constitution’s provisions, making explicit inclusion unnecessary.  
  • They contended that inserting these terms during the Emergency (1976) was a “betrayal” of constitutional ethos, amounting to tampering with the Constitution’s soul amid democratic suppression. 
• Imposition of Western Ideas: Experts, critics argue that socialism and secularism are Western constructs alien to Indian civilizational ethos, emphasizing that Indian spiritual traditions promote a “positive alignment” with religion, unlike the strict church–state separation seen in Western secularism. 
• Procedural Concerns: Preamble, adopted at the end of the Constitution’s drafting and formally enacted on 26th November 1949, represents the guiding soul and foundational vision of the Constitution.  
• Critics argue that amending it retrospectively undermines its sanctity.  

Conclusion 

The inclusion of ‘socialist’ and ‘secular’ in the Preamble remains a subject of constitutional debate, reflecting the dynamic tension between original intent and evolving democratic values. While the Supreme Court has upheld them as part of the basic structure doctrine, concerns around procedural legitimacy, ideological imposition, and civilizational ethos persist. Upholding constitutional morality, pluralism, and secular-democratic ideals is essential for preserving the spirit of the Indian Constitution. 

Drishti Mains Question:

Examine the constitutional and philosophical challenges involved in balancing religious freedom with the principles of secularism in India. 

UPSC Civil Services Examination Previous Year Questions (PYQ) 

Q. What was the exact constitutional status of India on 26th January, 1950? (2021)

(a) A Democratic Republic 
(b) A Sovereign Democratic Republic 
(c) A Sovereign Secular Democratic Republic 
(d) A Sovereign Socialist Secular Democratic Republic 

Ans: (b) 

Q. Which of the following is/are the exclusive power(s) of Lok Sabha? (2022)

1. To ratify the declaration of Emergency  
2. To pass a motion of no-confidence against the Council of Ministers  
3. To impeach the President of India  

Select the correct answer using the code given below:  

(a) 1 and 2  

(b) 2 only  

(c) 1 and 3  

(d) 3 only  

Ans: (b)  

Q. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then (2018)

(a) the Assembly of the State is automatically dissolved.  

(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.  

(c) Article 19 is suspended in that State.  

(d) the President can make laws relating to that State.  

Ans: (b)