Mains Practice Questions

Approach :

• Briefly explain the 42nd Amendment (1976) and its addition of ‘Socialist’ and ‘Secular’ to the Preamble.
• Discuss the constitutional validity and contemporary relevance of inserting these terms into the Preamble.
• Highlight the criticism in this context.
• Conclude with a suitable way forward.

Introduction:

The Preamble of the Indian Constitution is its moral compass, embodying the vision of the Constituent Assembly. The 42nd Constitutional Amendment (1976), enacted during the Emergency, inserted the words “Socialist” and “Secular” to explicitly affirm the state’s commitment to welfare and religious neutrality. This raises debates on both constitutional validity and contemporary relevance.

Body :

Constitutional Validity

• Inherently Secular and Socialist Constitution: Even before the 42nd Amendment (1976), secularism and socialism were implicit in various provisions.
  • Fundamental Rights: Articles 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.
• Judicial Endorsement:
  • Kesavananda Bharati v. State of Kerala (1973) — secularism and socialism held as part of the basic structure, beyond Parliament’s amending power.
  • S. R. Bommai v. Union of India (1994) — secularism reaffirmed as a basic feature of Indian democracy.
  • Minerva Mills v. Union of India (1980) — socialist objectives in DPSPs are fundamental to the Constitution
  • Balram Singh v. Union of India (2024) — Supreme Court dismissed petitions challenging the insertion of “socialist” and “secular” into the Preamble, upholding their validity and alignment with the Constitution.

Contemporary Relevance

• Socialist: It signified the state’s commitment to reducing inequality and ensuring distributive justice through a mixed economy model.
  • It anchors the state’s duty to reduce inequality, reflected in schemes like MGNREGA, Right to Education, and Ayushman Bharat.
• Secular: it reaffirmed the principle of equal respect for all religions, ensuring that the state maintains neutrality in religious matters without endorsing any faith.
  • The Indian Constitution allows the state to intervene in religious affairs to eliminate discrimination and uphold fundamental rights.
  • Examples include:
    • Abolition of untouchability under Article 17.
    • Reforms in temple entry and religious practices to ensure equality.
    • Invalidation of Triple Talaq through the Muslim Women (Protection of Rights on Marriage) Act, 2019.

Criticisms

• Ambiguity in “Socialist”: Economic liberalisation since 1991 and emphasis on market efficiency dilute the classical socialist ethos.
• Western Imposition: Viewed as Western constructs alien to the Indian ethos.
• Procedural Concern: Preamble as guiding soul (26 Nov 1949) — retrospective amendment undermines its sanctity.
• Instrumental misuse: Preamble ideals are sometimes invoked for political rhetoric rather than policy depth.
  • Political mobilisation on religious lines, selective enforcement of laws, and communal violence test the ideal.

Conclusion :

The 1976 insertion of ‘Socialist’ and ‘Secular’ is constitutionally valid and morally significant, but its strength lies in realising it through action — clarifying socialist goals, strengthening institutions, promoting pluralism, and ensuring judicial balance to uphold the Constitution’s seamless web of unity, democracy, and social justice.