Socialist and Secular in the Preamble
Why it Matters?
The Constitution of India remains inherently secular through its provisions, even though the word “secular” was formally inserted into the Preamble only through the Constitution (Forty-second Amendment) Act, 1976.
What You Should Know?
The words “socialist” and “secular” were added to the Preamble by the 42nd Constitutional Amendment Act, 1976, during the Emergency.
The Janata government reversed many provisions of the 42nd Amendment through the 44th Amendment (1978), but did not remove these two words from the Preamble.
The Preamble originally read: “Sovereign Democratic Republic”, later changed to “Sovereign Socialist Secular Democratic Republic”.
The word “integrity” was also added to the Preamble in 1976, enhancing the phrase “unity and integrity of the Nation”.
The 42nd Amendment introduced Fundamental Duties, new Directive Principles, diluted judicial review, and froze delimitation.
The inclusion of the word “socialist” reflected Prime Minister Indira Gandhi’s left-leaning policies, such as bank nationalisation (1969) and abolition of privy purses (1971), and her campaign slogan “Garibi Hatao” (Eradicate Poverty).
The word “secular” was added during the political rise of the Bharatiya Jana Sangh (predecessor of Bharatiya Janata Party), which was a key opposition to the Congress during the Emergency.
The Supreme Court of India, in the Berubari Union (1960) case, held that the Preamble is not enforceable by law and is not a source of legislative power.
Despite being symbolic, the Supreme Court in Kesavananda Bharati v. State of Kerala (1973) ruled that secularism is part of the basic structure of the Constitution and cannot be amended away.
The Supreme Court, in S. R. Bommai v. Union of India (1994), reaffirmed secularism as a basic feature of the Indian Constitution in the context of Centre-State relations.
In Minerva Mills v. Union of India (1980), the Supreme Court recognised “socialism” as a constitutional goal, reflected in Part IV – Directive Principles of State Policy.
In November 2024, a two-judge Bench of the Supreme Court, led by then Chief Justice of India Sanjiv Khanna, dismissed petitions challenging the addition of “socialist” and “secular” in the Preamble.
The Court held that these additions do not restrict legislation or policy, as long as they do not violate fundamental rights or the basic structure of the Constitution.
Moreover, secularism is deeply embedded in the Constitution through Articles 14, 15, and 16, which guarantee equality before law, prohibit religious discrimination, and ensure equal opportunity in public employment, making the Constitution inherently secular even before the word was formally added.