CONSTITUTIONAL EVOLUTION OF SOCIALISM AND SECULARISM IN INDIA

Socialism is an economic and political system in which the means of production, distribution, and exchange are owned or regulated by the community or the state. It emphasizes reducing inequality, providing public services such as healthcare and education, and ensuring that wealth and resources benefit all members of society equally. It stands in opposition to unchecked capitalism.

Secularism is the principle of separating religion from government, ensuring that no religion receives preferential treatment from the state. It promotes religious freedom, equality, and tolerance, allowing individuals to practice any religion, or none, without interference. Secularism aims to maintain neutrality in governance and uphold democratic, inclusive values, enabling diverse beliefs to coexist peacefully.

Constituent Assembly

The words ‘secular’ and ‘socialist’ were not part of the original Preamble of the Indian constitution when it was adopted on 26th January 1950. Their absence was a deliberate choice by the framers, reflecting the socio-political context and ideological debates of the time.

Although the word ‘secular’ was not explicitly mentioned, the Indian Constitution was inherently secular in nature. The drafting committee, led by B.R. Ambedkar, ensured that the state would not favor any religion while guaranteeing freedom of religion under articles 25 to 28. However, the term was avoided primarily for the following reasons:

a)            India, as a newly independent and religiously diverse nation, sought to avoid rigid definitions to prevent controversy.

b)            Indian secularism differed from Western secularism, which implies a strict separation of religion and state (Dharma Nirpeksh). Indian secularism meant equal respect for all religions (Sarva Dharma Sambhava).

c)            K.T. Shah proposed including the term ‘secular’ in the constitution, but it was rejected as the secular principles were already embedded in Fundamental Rights and Directive Principles.

d)            Jawaharlal Nehru advised those demanding the inclusion of the term to consult a dictionary.

e)            Nehru also said, ‘it has a great deal of importance, no doubt. But it is brought in all contexts, as if by saying that we are a secular state we have done something amazingly generous, giving something out of our pocket to the rest of the world, something which we ought not to have done’. He believed that including the term would be a superficial assertion of having done something ‘mighty’.

Similarly, the word ‘socialist’ omitted initially due to the following reasons:

a)            The Indian National Congress, under leaders like Nehru, believed in mixed economy, balancing capitalist growth with socialist welfare policies. The Directive Principles (Articles 38, 39, 41) reflected this through provisions for social justice, equitable distribution of resources and workers’ rights.

b)            Explicitly labeling India a socialist state could have alienated conservative and business friendly groups. The government wanted to avoid aligning too closely with Soviet style socialism while still pursuing welfare policies.

c)            While Nehru admired socialist ideals, he opposed extreme state control. India’s socialism was meant to be democratic and reformist, not authoritarian.

d)            India needed foreign investment and industrial growth, making outright socialism impractical.

e)            The government pursued land reforms and welfare schemes that showed socialist tendencies, but without constitutional branding.

The Keshvanand Bharti Judgement

This landmark Supreme Court ruling in April 1973, delivered by 13 judge constitutional bench (7-6 majority), established the Basic Structure Doctrine of the Indian Constitution. It held that the fundamental structure of the Constitution can’t be changed by Parliament.

The Court also ruled that the Preamble is an integral part of the Constitution, and may be amended under article 368, provided that the basic structure of the Constitution is not altered or destroyed. Thus, the Preamble is regarded as the heart and soul of the Constitution. It is the reflection of the core values, philosophy and the objectives that embody the Constitution. It was originally adopted on 26th November 1949.

Emergency and the 42nd Amendment

The Preamble was amended only once, on 18th December 1976, during the Emergency. The Indira Gandhi government, following the recommendations of the ‘Sardar Swarn Singh Committee’, introduced the 42nd Amendment, adding the words ‘Socialist’ and ‘Secular’ to the Preamble. The government justified the move by stating that it would reinforce India’s commitment to social justice and religious equality. ‘Secular’ reflected the state’s neutrality in religious matters, while ‘Socialist’ signaled her government’s focus on welfare policies and poverty eradication, reflected in her slogan ‘Garibi Hatao’

Post-Emergency Reversal and Retention

The Janata Party government reversed many of the provisions of the 42nd Amendment through the 43rd and 44th Amendment Acts, but notably retained the words ‘socialist’ and ‘secular’ in the Preamble. This decision was influenced by political, ideological, and strategic considerations. It demonstrated that, despite opposing Indira Gandhi’s authoritarianism, there was broad acceptance of India’s socialist and secular identity. Amendments that were reversed were those that directly harmed democracy, while the Preamble’s additions were seen as ideologically consistent with India’s constitutional ethos.

Judicial Validation

The Supreme Court has firmly rejected petitions seeking the removal of these terms, reaffirming that Parliament had the power to amend the Preamble under article 368, as long as the basic structure of the constitution remained intact.

Recent Controversy

The recent remarks of RSS General Secretary Dattatreya Hosabale and Union Minister Shivraj Singh Chouhan have reignited decades old political and constitutional debate to review the inclusion of these words. They argue that these terms were inserted during Emergency in 1976 and were not part of Ambedkar’s original draft. Vice President Jagdeep Dhankar recently described the inclusion of the term ‘secular’ a betrayal and even calling it a ‘sacrilege to the spirit of Sanatana’. He argued that the Preamble should not have been altered. In contrast the opposition leaders accused the RSS and BJP of threatening the Constitution’s core values. 

Conclusion

There is a clear political divide. A section of the ruling party is pushing for a re-examination or removal of terms ‘socialist’ and ‘secular’, while opposition leaders defend them as bedrock principles. Legally, the Supreme Court has upheld the inclusion of these terms as constitutional, and part of the basic structure doctrine, which limits Parliament’s power to amend the Constitution. Interestingly, the BJP was part of the Janata party government which decided not to drop these words while reversing other Emergency-era amendments. In practice, the present government continues to implement welfare schemes aligned with socialism and avoids religious favoritism. Analysts suggest that although Ambedkar and the framers didn’t initially include these terms, principles of social justice and religious equality were already embedded in the Constitution. Despite the controversies these words have now been part of the Preamble for nearly five decades. They continue to shape India’s legal and policy frameworks, from welfare schemes to religious freedom protections. Before 1976, in practice and principle India had adopted policies aligned with Socialism and Secularism. Removing or retaining these terms may not significantly alter the government functioning, but public opinion and constitutional values must be considered.

By Manoj Dubey
Principal (Retd.)
Delhi Public Schools

(The content of this article reflects the views of writers and contributors, not necessarily those of the publisher and editor. All disputes are subject to the exclusive jurisdiction of competent courts and forums in Delhi/New Delhi only)