Socialism and Secularism in India
Why it Matters?
The call to erase ‘socialism’ and ‘secularism’ from the Constitution, under the pretext of criticising the Emergency-era 42nd Amendment, is a politically motivated attempt to dilute the foundational values of justice, equality, and pluralism enshrined in India’s constitutional ethos.
What You Should Know?
The 42nd Constitutional Amendment Act 1976 inserted the words socialist and secular into the Preamble during the Emergency.
The Kesavananda Bharati case in 1973 established the Basic Structure Doctrine, which bars Parliament from altering the core framework of the Constitution.
Socialism and secularism are considered part of the basic structure of the Constitution.
Socialism in the Constitution reflects a commitment to social and economic justice, equality, and a welfare state.
Article 38 mandates the state to promote the welfare of people through a just social order.
Article 39 guides the state to ensure equitable distribution of resources and livelihood opportunities.
Articles 41 to 43 address public assistance, dignified work conditions, and living wages for citizens.
Article 14 guarantees equality before the law to all individuals.
Articles 15 and 16 prohibit discrimination and uphold equal opportunity in public employment.
Secularism in the Constitution ensures that all religions are treated equally by the state.
Articles 25 to 28 guarantee the right to freedom of religion for all citizens.
Articles 29 and 30 safeguard the cultural and educational rights of minorities.
Article 25(2)(a) allows the state to regulate secular aspects of religious practices even before 1976.
The Objective Resolution of the Constituent Assembly reflected a clear commitment to secular and socialist ideals.