Socialism, Secularism are the spirit of the constitution

Context

• India’s Constitution is not merely a legal document. It is the embodiment of the ideals and the aspirations of a nation that was forged in the crucible of an anti-colonial struggle.

• Among its most fundamental principles are socialism and secularism, values that are not confined to the Preamble alone but which are woven throughout its text, reflected in the Directive Principles of State Policy, in the Fundamental Rights, and in its very structure.

• The RSS General Secretary made this call recently under the garb of criticising the Emergency, which happened 50 years ago, as the words socialism and secularism were added in the Preamble under the Constitution (42nd Amendment) Act, 1976 during the Emergency.

Socialism

• Socialism, in the Indian Constitution, is a commitment to social and economic justice, the eradication of inequality, and the creation of a welfare state.

• The Preamble promises “Justice, social, economic and political” to all citizens, and seeks “Equality of status and of opportunity”.

• It underlines the fact that even before the 42nd Amendment, the spirit of socialism was always present in our Constitution.

• There were significant efforts in the Indian Constitution to increase the freedoms of citizens and to reduce the inequalities prevalent in society.

• Article 14 guarantees equality before law.

• Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

• Article 16 ensures equality of opportunity in matters of public employment.

• These rights, read together with the Preamble and Directive Principles, enshrine a vision of a society free from exploitation, where the dignity of every individual is upheld.

Secularism

• Secularism in the Indian Constitution is not mere religious neutrality but the positive assurance that the state will treat all religions equally, protect the rights of minorities, and ensure that no citizen suffers discrimination on the basis of faith.

• Both socialism and secularism are part of the basic structure of the constitution

• The Basic Structure Doctrine was introduced in 1973 in the Supreme Court’s landmark judgment in Kesavananda Bharati case.

• It holds that while Parliament can amend the Constitution, it cannot alter its fundamental structure, i.e., the basic structure of the Constitution is inviolable.

• As mentioned earlier, the 42nd Amendment which introduced the words socialism and secularism in the Preamble of the Constitution was enacted in 1976, three years after this historic verdict.

• Yet, the additions could be made precisely because they did not violate the basic structure of the Constitution.