The Supreme Court has postponed the hearing on the demand to remove the words 'Secular' and 'Socialist' from the Preamble of the Constitution to October 21. However, the top court noted the need to consider whether it was appropriate to amend the Preamble, which was accepted on November 26, 1949, at a later stage. The petition was filed by BJP leader Subramanian Swamy. The petition challenged the legality of adding the words 'Socialist' and 'Secular' to the Preamble through the 42nd Constitutional Amendment in 1976, arguing that including these words exceeds the Parliament's power to amend the Constitution under Article 368.
Earlier in February this year, the apex court questioned whether the Preamble of the Constitution could be amended while keeping the date of adoption intact. A bench of Justices Sanjiv Khanna and Dipankar Datta had posed the question to former Rajya Sabha MP Subramanian Swamy and lawyer Vishnu Shankar Jain, who have sought deletion of the words "Socialist" and "Secular" from the Preamble of the Constitution.
How 'Socialist' and 'Secular' were added to Preamble?
The words 'Socialist' and 'Secular' were inserted in the Preamble of the Constitution under the 42nd Constitutional amendment moved by the Indira Gandhi government in 1976. The amendment changed the description of India in the Preamble from a "sovereign, democratic republic" to a "sovereign, socialist, secular, democratic republic." Swamy, in his petition, has contended that the Preamble cannot be altered, varied, or repealed.
What does 'Socialist' mean in the Constitution?
The term 'Socialist' in the Preamble reflects the commitment of the Indian state to ensure social and economic equality among its citizens. It implies that the government will strive to reduce inequalities in income, wealth, and opportunity, and will work towards providing a fair distribution of resources. It does not suggest a strict adherence to socialism as an ideology but rather indicates a mixed economy where both the public and private sectors coexist.
What does 'Secular' mean in the Constitution?
The term 'Secular' signifies that India does not have an official state religion. The Indian state treats all religions with equal respect and does not favour or discriminate against any religion. This ensures freedom of religion for all citizens and promotes the principle of religious harmony and tolerance. The secular nature of the Indian state is meant to protect the rights of all religious communities and individuals, ensuring that religion remains a personal matter without interference from the state.
