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Critical Topics and Their Significance for the UPSC CSE Examination on November 27, 2024

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SC ruling on socialism, secularism

For Preliminary Examination:  Current events of national and international importance

For Mains Examination: GS II - Indian Polity & Governance

Context:

A Division Bench of the Supreme Court led by the Chief Justice of India dismissed pleas challenging the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble to our Constitution

Read about:

Important Schedules and Articles of Indian Constitution

Preamble of Indian Constitution

Key takeaways:

What is the history of the Preamble?

• The Preamble originally adopted on November 26, 1949, proclaimed India as a sovereign, democratic, republic. The Constituent Assembly deliberately avoided including the term ‘socialist,’ believing it was inappropriate to enshrine a specific economic ideology in the Preamble. They felt the people should determine the nation's economic path based on evolving circumstances and needs.
• Indian secularism differs significantly from its Western counterpart. In Western countries, there is a strict separation between the state and religion, with no interference in religious matters.
• In contrast, the Indian state holds the authority to regulate economic, financial, political, and secular aspects of religious practices. It also facilitates social welfare and reform in religious activities.
• Furthermore, constitutional provisions such as the right to practice any religion and non-discrimination on religious grounds reflect the secular ethos of the Indian Constitution. Consequently, the Constituent Assembly did not initially include the term ‘secular’ in the Preamble.
• In the Berubari Case (1960), the Supreme Court ruled that the Preamble was not part of the Constitution and lacked substantive power. However, in the Kesavananda Bharati Case (1973), the Court overturned this view, declaring the Preamble as an integral part of the Constitution.
• It stated that the Preamble should guide the interpretation of the Constitution and upheld its amendability under parliamentary authority. The 42nd Constitutional Amendment (1976) introduced the terms ‘Socialist,’ ‘Secular,’ and ‘Integrity’ into the Preamble.

What was the current case?

• The case was initiated by former Rajya Sabha MP Subramanian Swamy, advocate Ashwini Upadhyay, and others, who contested the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble.
• They argued that these terms, added during the Emergency period, imposed specific ideologies on the people. They also claimed that since the Preamble mentions the date of adoption by the Constituent Assembly, no new words could be introduced by Parliament afterward.
• While Mr. Swamy acknowledged that subsequent amendments, like the 44th Amendment (1978) during the Janata Party rule, upheld these terms, he suggested that they should be placed in a separate paragraph below the original Preamble

What did the court rule?

The court dismissed the petitions, affirming that ‘socialism’ and ‘secularism’ are integral to the basic structure of the Constitution. It emphasized that the Constitution is a "living document" and that Parliament holds the authority to amend the Preamble. The mention of the adoption date in the Preamble does not limit this power. The court further clarified that in India, ‘socialism’ signifies a welfare state that ensures equality of opportunity while allowing the private sector to flourish. Similarly, India’s secularism evolved to mean that the state neither favors any religion nor discriminates against the practice of any faith. This interpretation aligns with the broader principle of equality enshrined in the Constitution

Why is it important?

• Post-Independence, India adopted ‘democratic socialism,’ characterized by centralized planning and state-led industrial development. During the 1960s and 70s, nationalization of banks and insurance, higher taxes, and stringent regulations were implemented, shaping a mixed economy where public and private sectors coexisted. However, this system leaned towards classical socialism, marked by license controls and regulatory frameworks.
• Since the economic reforms of 1991, India has transitioned towards a market-oriented economy, significantly reducing poverty over the last three decades. Yet, the rising income inequality poses challenges that need attention.
• The court observed that India’s socialism continues to prioritize the welfare of the underprivileged through programs like MGNREGA, subsidized food grains, and direct benefit transfers for women and farmers.
• This approach underscores the necessity of maintaining social welfare policies while fostering private enterprise to drive economic growth and create jobs. Simultaneously, the values of secularism must be preserved to uphold India’s cherished spirit of ‘unity in diversity.