Vice President Jagdeep Dhankhar recently criticized the inclusion of the terms “socialist”
and “secular” in the Constitution’s Preamble—calling it a violation of the Sanatan spirit.
These words were introduced during the Emergency via the 42nd Constitutional
Amendment (1976). While many of the amendment’s provisions were repealed by the 44th
Amendment (1978), these particular additions to the Preamble remain unchanged.
📜 Preamble: The Constitution’s Vision
- The Supreme Court, in Re: Berubari Union (1961), described the Preamble as “the key to
the minds of the Constitution’s framers”. - It expresses the core ideals and objectives of the Constitution.
🏛️ Original 1950 Preamble
Defined India as a:
➡️ Sovereign Democratic Republic
Ensured Justice, Liberty, Equality, and Fraternity for all citizens.
🏗️ Changes via the 42nd Amendment (1976)
The amendment introduced during the Emergency added the following:
“Socialist” and “Secular” to make India a Sovereign Socialist Secular Democratic
Republic.
“Integrity” to the phrase about fraternity, now reading: “assuring the dignity of the
individual and the unity and integrity of the Nation.”
“India’s Constitution – Secular in Spirit, Beyond the Word”
🔑 Other Major Provisions:
- Introduced Fundamental Duties
- Expanded Directive Principles of State Policy
- Curtailed judicial powers and review
- Froze delimitation of constituencies
⚙️ Why Were These Changes Introduced?
1. Emergency-Era Politics
The 42nd Amendment was passed when Prime Minister Indira Gandhi had sweeping powers during the Emergency (1975–77).
Scholars believe she aimed to realign the Constitution with her political ideology.
2. Parliament–Judiciary Conflict
Persistent clashes over land reforms and property rights led to frustration within Parliament.
Courts often upheld Fundamental Rights over Directive Principles, hindering social justice goals.
🟥 Why Was “Socialist” Included?
Indira Gandhi’s policies had taken a leftward turn, including:
- Nationalization of banks (1969)
- Abolition of privy purses (1971)
- “Garibi Hatao” campaign
Adding “socialist” signaled a commitment to economic equality and social justice.
The amendment’s official justification emphasized prioritizing Directive Principles over Fundamental Rights to facilitate economic reform.
🟧 Why Was “Secular” Included?
While no explicit reason was given, analysts suggest it was a reaction to the growing influence of the Bharatiya Jan Sangh.
Indira Gandhi argued the Constitution had always been secular and that the amendment only made this explicit.
🟨 Why Was “Integrity” Added?
This was consistent with the Emergency-era emphasis on national unity.
Law Minister H.R. Gokhale explained it was meant to reinforce the country’s territorial and social indivisibility.
📌 Significance of These Additions
🧾 Symbolic, Not Substantive
The Berubari Union (1960) ruling clarified that the Preamble has no legal force and does not grant powers.
🕊️ Secularism: Always Inherent
- Even before 1976, secularism was embedded in:
- Article 14: Equality before the law
- Article 15: No discrimination on religion, caste, etc.
- Article 16: Equal opportunity in public employment
⚖️ Judicial Validation
- Kesavananda Bharati Case (1973): Secularism is part of the Basic Structure doctrine
- S.R. Bommai Case (1994): Reaffirmed secularism as essential to Centre–State relations
- Minerva Mills Case (1980): Upheld socialism as a constitutional value rooted in Part IV
🧑⚖️ 2024 SC Verdict
In November 2024, a 2-judge Bench led by CJI Sanjiv Khanna rejected petitions to remove “secular” and “socialist” from the Preamble.
The Court stated:
- These terms do not constrain lawmaking
- They do not infringe upon fundamental rights
- They do not alter the Constitution’s Basic Structure
✅ Conclusion
Although introduced during a politically controversial period, the terms “secular” and “socialist” reinforce principles that were already integral
to the Constitution.
India’s Supreme Court has consistently affirmed that these are basic, inviolable features of the constitutional framework.