SC ruling on socialism, secularism
Context
Recently, the Supreme Court of India dismissed pleas challenging the inclusion of the ‘words’socialist’ and’secular’ in the Preamble. The court, however, ruled against the plea, stating their significance as integral to the Constitution’s basic structure.
Relevance:
GS-02 (Indian Polity)
Dimensions of the Article
- What is the History of the Preamble?
- The Case and the Court’s Ruling
- Significance of the Ruling
What is the History of the Preamble?
- The Preamble was adopted in 1949. It declared India as sovereign, democratic, and republican.
- The Constituent Assembly avoided including the words – ‘socialist’ and ‘secular’, considering them unsuitable for a preamble meant to outline the people’s ideals over time.
- Positive secularism: Unlike the West, where religion and state are strictly separate, Indian secularism allows the state to regulate religious practices for social reform and welfare. The Constitution also embodied secular values through provisions like freedom of religion and non-discrimination.
- Supreme Court Views:
- In the Berubari Case (1960), the court ruled that the Preamble was not part of the Constitution.
- This was overturned in the Kesavananda Bharati Case (1973), where the court declared the Preamble as part of the Constitution and subject to amendment.
- 42nd Amendment (1976): The terms ‘Socialist’, ‘Secular’, and ‘Integrity’ were added during the emergency, redefining the Preamble to reflect broader national goals.
The Case and the Court’s Ruling
The Challenge:
- Former MP Subramanian Swamy, advocate Ashwini Upadhyay, and others filed the plea.
- Arguments included that these words were imposed during the emergency and that Parliament lacked the authority to alter the Preamble’s original text adopted by the Constituent Assembly.
- Swamy suggested moving the added words to a separate paragraph below the original Preamble.
Supreme Court’s Decision:
- Dismissed the pleas, reaffirming the Preamble’s amendability as part of the Constitution.
- Declared that ‘socialism’ and ‘secularism’ reflect the Constitution’s basic structure.
- Interpreted socialism as ensuring a welfare state with equality of opportunity, while secularism in India signifies neutrality in supporting or penalising any religion.
Significance of the Ruling
- Historical Context of Socialism:
- Post-Independence: Focus on democratic socialism with state-led planning, nationalised industries, and higher taxes.
- 1991 Reforms: Transitioned to a market-orientated economy, reducing state control but fostering private enterprise and economic growth.
- Present Challenges: Growth has lifted many from poverty, but rising inequalities persist.
- Relevance of Secularism:
- Upholds India’s diversity by preventing discrimination on religious grounds while maintaining harmony.
- Balancing Welfare and Growth:
- Schemes like MGNREGA, food subsidies, and direct benefit transfers exemplify the ongoing commitment to socialism.
- The court emphasised that socialism and secularism must co-exist to ensure both equitable development and economic prosperity.
Conclusion
The Supreme Court’s ruling reiterates the Preamble’s adaptability to evolving national aspirations. By retaining’socialism’ and’secularism’, it reflects a vision of a welfare state promoting equality while supporting economic growth. The decision also highlights the Constitution’s flexibility to address modern challenges, ensuring its relevance in preserving India’s diversity and fostering inclusive progress.
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