Secularism and Socialism in the Preamble: Debate, Legal Stand, and UPSC Relevance

📰 Context (As of July 24, 2025)

The Union Government informed the Rajya Sabha that it has no current plan or intention to remove the words ‘Socialism’ and ‘Secularism’ from the Preamble of the Constitution — terms inserted during the 42nd Constitutional Amendment (1976) under the Emergency regime.

While the debate was reignited after RSS leader Dattatreya Hosabale called for a national discussion and former Vice President Jagdeep Dhankhar termed the additions a “festering wound”, Law Minister Arjun Ram Meghwal reiterated that no legal or constitutional process for such removal has been initiated.

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📜 Historical Background

• The original Preamble (1950) did not contain the words ‘socialist’ and ‘secular’.

• These words were inserted via the 42nd Constitutional Amendment Act, 1976 during the Emergency under Indira Gandhi’s government.

🟡 Added Preamble (Post-1976):

“We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic…”

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🏛 Legal and Judicial Stand

🔹 Supreme Court (2024 & Earlier):

• In November 2024, SC dismissed petitions seeking removal of the two words.

• 42nd Amendment upheld: Parliament can amend the Preamble (as ruled earlier in Kesavananda Bharati case), but cannot alter the Basic Structure.

• Secularism and Socialism were ruled as part of Basic Structure Doctrine:

  • Secularism: Equal treatment of all religions by the state.

  • Socialism: Indicative of a welfare state, not opposed to capitalism.

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🧠 Key Concepts for UPSC

Concept	Meaning in Indian Context
Secularism	No state religion; Equal respect to all religions
Socialism	State commits to reduce inequality; promotes social justice; permits private sector under regulation

🏛️ Constitutional Significance

• Preamble is not enforceable in court but helps in interpreting the Constitution (as per SC in Berubari Union case, 1960).

• After Kesavananda Bharati (1973): Preamble is part of Constitution, but Basic Structure can't be amended.

• So, ‘Socialist’ and ‘Secular’ are protected under Basic Structure Doctrine.

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🗣️ Political Discourse vs Constitutional Reality

While ideological or organisational views (like from RSS or political leaders) may call for a change, no such change is legally or procedurally underway, and any amendment would require:

• 2/3rd majority in Parliament

• Ratification by 50% of states (if affects federal structure)

• Basic Structure compliance

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📘 Past UPSC Questions

📝 Mains:

1. [GS II – 2015]

Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances?

2. [GS II – 2020]

“The Preamble of the Constitution is key to understanding the philosophy of the Constitution.” Elucidate.

3. [GS II – 2022]

How far is it justified to view the Indian Constitution as a socialist document?

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🧩 UPSC MCQ Practice

Q.1: The words ‘Secular’ and ‘Socialist’ were added to the Constitution by which Amendment?

A) 40th Amendment

B) 42nd Amendment ✅

C) 44th Amendment

D) 52nd Amendment

Q.2: Which of the following statements is correct about the Indian Constitution?

1. The term ‘secular’ was part of the original Constitution.

2. The term ‘socialist’ is opposed to private sector involvement.

Select the correct code:

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2 ✅

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🎯 Why This Topic is Important for UPSC?

• It touches Polity (GS II), Indian Constitution, and Current Affairs.

• Important for Mains, Prelims, and Essay Paper.

• Reflects on Constitutional values, Judiciary’s role, and Indian political discourse.

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🧾 Conclusion

Despite ongoing ideological discussions, ‘secularism’ and ‘socialism’ remain central to India's constitutional identity and legal framework. Any attempt to alter them would face constitutional, legal, and public scrutiny.

As aspirants, understanding the constitutional spirit vs political debates helps in balanced and analytical answers in the exam.