CURRENT CONTEX:

The Supreme Court recently upheld the inclusion of the words ‘secular, socialist’ in the Preamble of the Constitution, basing its decision on a batch of petitions challenging their insertion in 1976 with retrospective application; specifically, in the case of Dr. Balram Singh v. Union of India (2024), the SC ruled that inserting these words under Article 368 was constitutionally permissible.

SYLLABUS:

Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

INTRODUCTION:

The landmark 42nd Amendment fundamentally reshaped India’s constitutional identity, embedding the terms ‘socialist’ and ‘secular’ into the Preamble. This decisive move firmly anchored the nation’s democratic vision to core ideals that reflect the deep-seated aspirations of its people.

ABOUT INDIAN SECULARISM  
Definition of the term secularism in the Indian context: 

Indian secularism is a robust and unique concept of “positive secularism,” fundamentally distinct from the Western model of a strict “wall of separation” between religion and state. Its core is not state hostility towards religion, but rather a “principled distance,” where the state is non-theocratic (it has no official state religion) and practices ‘Sarva Dharma Samabhava’—equal respect, protection, and support for all religions.

FEATURES OF INDIAN SECULARISM 

1. No Official State Religion: India does not establish or endorse any single faith.

Comparison: Unlike theocratic states (e.g., Pakistan or Sri Lanka), India is a positive secular state.

1. Sarva Dharma Sambhava (Equal Respect for All Religions): The government actively respects and supports all religions equally.

Example: The government grants public holidays for major festivals of various faiths.

1. Principled Distance without Strict Separation: Refrainment or interference by the state is based on constitutional principles like equality and social justice.
2. Individual Freedom of Religion (Article 25): An individual has the constitutional right to be a devout practitioner of their faith, to change their faith, or to be an atheist/agnostic.
3. State’s Power for Social Reform: The state can interfere in religious affairs to carry out social welfare and reform.

Examples: Abolition of untouchability (Article 17); the SC/ST Prevention of Atrocities Act; and opening all religious institutions equally to all for worship.

1. Prohibition of Religious Discrimination (Articles 15 & 16): Discrimination is prohibited in matters of public employment, access to public places, etc.

Example: Any citizen, regardless of religion, can hold any public office.

1. No Religious Instructions in State Institutions (Article 28): State institutions cannot hold compulsory classes on religious texts.

Example: A government school like a Kendriya Vidyalaya cannot hold compulsory classes on religious texts.

1. Minorities’ Right to Establish and Administer Educational Institutions (Article 30): Minorities have the right to establish and administer educational institutions of their choice (e.g., St. Stephen’s College, Aligarh Muslim University), and the state cannot discriminate against them while granting aid.
2. No Public Tax for Promoting a Specific Religion (Article 27): The government cannot levy a tax (like a “temple tax” or a “mosque tax”) on all citizens specifically for the promotion or maintenance of any particular religion.

REASONS FOR ADDITION OF THE WORD SECULARISM IN THE INDIAN CONSTITUTION / WHY WAS THE WORD SECULARISM ADDED TO THE PREAMBLE: 

Constitutional affirmations of Indian secularism: 

Indian secularism, often termed ‘positive secularism,’ implies equal respect for all religions and state neutrality, with the ability to intervene in religious matters to ensure social welfare and equality.

• IN THE PREAMBLE: 

“Liberty of belief, faith and worship.”

Also explicitly added by 42nd amendment act 1946. 

• UNDER THE FUNDAMENTAL RIGHTS: 

Article 14 ensures equality before the law and equal protection,irrespective of religion.

Article 15 specifically prohibits discrimination on grounds including religion. 

Article 16 ensures equality of opportunity in public employment regardless of religion. 

The core of religious freedom is enshrined in Article 25, guaranteeing freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order and social reform. 

Article 26 grants religious denominations the freedom to manage their own religious affairs and institutions.

To ensure state neutrality, Article 27 prohibits compulsory payment of taxes for the promotion of any particular religion.

Article 28 regulates religious instruction in educational institutions, banning it in wholly state-funded schools.

Article 29 protects the distinct culture of any section of citizens.

Article 30 grants minorities the right to establish and administer educational institutions of their choice.

• UNDER DIRECTIVE PRINCIPLES OF STATE POLICY (PART IV)

Article 44: Uniform Civil Code:

The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. This aims to create a common law for all citizens, irrespective of religion, especially in personal matters like marriage, divorce, and inheritance, thus promoting equality.

States That Have Implemented / Taken Initiative To Implement Ucc:

• Goa is currently the only state with a long-standing Uniform Civil Code, applying the Goa Civil Code since the pre-independence era. 
• Post-independence, Uttarakhand has become the first state to successfully enact a comprehensive UCC, with the Uttarakhand Uniform Civil Code Act coming into effect in January 2025, notable for its exemption of Scheduled Tribes. 
• In parallel, Gujarat has made significant strides, announcing the formation of a drafting committee and positioning itself to potentially become the second state to adopt the UCC after Uttarakhand. 
• Other states, such as Assam, are also engaged in active discussions and exploration regarding the adoption of a UCC, signaling a broader movement toward civil law harmonization across the nation.

CASE LAWS SUPPORTING SECULARISM AND ITS ADDITION TO THE CONSTITUTION:

• Sr Bommai v. Union of India 1994: This landmark Supreme Court judgment emphatically declared secularism to be a part of the basic structure of the Constitution. It further ruled that if a state government pursues anti-secular policies, it is liable to be dismissed under Article 356. 
• Sardar Syedna Taher Saifuddin Saheb v. State of Bombay (1962): established essential religious practices test: SC held that state cannot interfere with what constitutes the essential religious practices of a faith, but only manage and regulate secular activities. 
• Kesavananda Bharati v. State of Kerala (1973): identified the secular character of Indian constitution as one of its basic features.
• St. Xavier’s College v. State of Gujarat (1974): upheld the minority rights  under the article 30. The SC affirmed that right of minorities is absolute, the state can impose reasonable regulations for academic standards but cannot destroy minority character of the institution. 
• Shayara Bano v. Union of India (2017): state reform and personal law, a modern example of positive secularism: SC struck down the practice of instant triple talaq as unconstitutional. 
• Indian Young lawyers association v. state of kerala 2018: famously called sabari mala case: The Court held that the practice of excluding women of menstruating age from the temple was unconstitutional. Majority judgement held that exclusionary practice was not an essential religious practice 

ILLUSTRATIVE EXAMPLES OF SECULARISM AND ITS ESSENCE IN THE INDIAN POLITICAL SETUP:

Positive Secularism (State Intervention/Support):

• Grants & Support: Providing state grants to religious educational institutions and facilitating pilgrimages (e.g., Haj subsidies, support for Kumbh Mela).
• Reform: State intervention to reform personal laws (e.g., reforming Hindu personal laws, Triple Talaq ban).

Equal Recognition & Neutrality:

• Public Holidays: Government officially recognizes and grants public holidays for major festivals of all prominent religions (Diwali, Eid, Christmas, etc.).
• Institutional Neutrality: Public institutions (offices, schools) do not display symbols of a particular faith or promote one religion over others; school assemblies typically avoid religious prayers specific to one faith.
• Personal Laws: Allowing different religious communities to be governed by their own personal laws in matters like marriage, divorce, and inheritance (e.g., Hindu Marriage Act, Muslim Personal Law).

Principled Distance (Justice over Religious Law):

• Triple Talaq Ban (2019): State intervention in Muslim personal law to ban instant triple talaq, prioritizing gender equality and justice over religious practice. This exemplifies the state maintaining a “principled distance.”

State Support for Minorities:

• PMJVK: Pradhan Mantri Jan Vikas Karyakram (PMJVK) to develop socio-economic infrastructure in minority concentration areas.
• Skill Development: Schemes like “Nai Manzil” and “Seekho aur Kamao” to enhance the employability of minority youth.

Enforcing Communal Harmony:

• IPC Sections: Using Sections of the Indian Penal Code (IPC) like Section 153A (Promoting enmity) and Section 295A (Outraging religious feelings) to prosecute those who disrupt communal harmony.

ABOUT SOCIALISM 

Definition Of Socialism In The Indian Context: 

Indian “socialism” is characterized as democratic socialism implemented through a “mixed economy,” explicitly rejecting the communist abolition of private property. Its potent fundamental aim is to aggressively pursue socio-economic justice by relentlessly eradicating poverty, drastically reducing glaring inequalities of income and opportunity, and actively dismantling the concentration of wealth.

FEATURES OF SOCIALISM IN THE INDIAN CONTEXT :

1. Mixed Economy (Public & Private Coexistence): Strong public sector alongside a regulated private sector (e.g., SBI & HDFC).
2. State-led Planning: Central government guides economic development and resource allocation (e.g., historical Five-Year Plans).
3. Preventing Wealth Concentration: Objective to check monopolies and ensure wealth doesn’t concentrate (e.g., MRTP Act).
4. Welfare State Commitment: State provides a social safety net for citizens, especially the vulnerable (e.g., NSAP pensions).
5. Nationalization of Key Industries: Vital sectors taken over to serve public welfare over profit (e.g., 1969 Bank Nationalization).
6. Progressive Taxation: Higher earners pay a greater percentage of income for redistribution and welfare funding (e.g., Income Tax Slabs).
7. Land Reforms: Abolition of feudal structures to ensure equitable distribution of land (e.g., Abolition of Zamindari).
8. Ensuring Food Security: State guarantees access to basic food and nutrition for the populace (e.g., National Food Security Act, 2013).
9. Upholding Workers’ Rights: Enacts laws for fair wages and humane working conditions (e.g., Minimum Wages Act, 1948).
10. Democratic & Evolutionary Method: Achieved through constitutional and parliamentary means, not revolution (e.g., 42nd Amendment).
11. Universal Access to Necessities: State provides essential services to ensure a basic quality of life (e.g., Pradhan Mantri Awas Yojana).
12. Financial Inclusion: Empowering the poor by integrating them into the formal economy for direct benefit transfer (e.g., PM Jan Dhan Yojana).

REASONS AS TO WHY THE WORD SOCIALIST WAS ADDED TO THE PREAMBLE 

Constitutional affirmations of indian socialism: Indian socialism leans towards ‘democratic socialism’ or a ‘mixed economy,‘ focusing on socio-economic justice, equitable distribution of resources, and reduction of inequalities, without abolishing private property entirely.

PREAMBLE: 

• Aims to secure “Justice, social, economic and political.”
• Aims to assure “Equality of status and of opportunity.”

FUNDAMENTAL RIGHTS (PART III):

The following is a list of fundamental rights from the Indian Constitution that support socio-economic equality and welfare: