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The Inclusion of ‘Socialist, Secular’ in the Preamble: Supreme Court Hears Case
Context:
Recently, Chief Justice of India Sanjiv Khanna said the idea of ‘socialism’ in India primarily meant a welfare state that provides equality of opportunity for all, and not a dictatorial dogma rammed down on citizens.
About the Case:
- The Supreme Court of India, led by Chief Justice Sanjiv Khanna, is examining a batch of petitions challenging the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble of the Constitution.
- These words were added through the 42nd Constitutional Amendment in 1976 during the Emergency. The petitioners, including BJP leader Subramanian Swamy and advocate Ashwini Kumar Upadhyay, question the retrospective application of these additions, arguing they distort the original essence of the Constitution.
Arguments of Petitioners about the Case:
- Historical Context: Petitioners highlighted that the amendment occurred during the Emergency, a period when dissent was suppressed, and the will of the people was stifled.
- Preamble as Unalterable: Advocate Upadhyay contended that the Preamble, being a declaration of the Constituent Assembly’s adoption of the Constitution, is immutable and reflects an unchangeable historical fact.
- Dogmatic Concerns: It was argued that imposing socialism as an economic principle restricted the exploration of alternative economic models and philosophies.
- State Ratification: The petitioners also pointed out that the amendment lacked ratification by the states, undermining the federal spirit of the Constitution.
Arguments of the Judge Against the Petitioners:
Chief Justice Khanna rejected the idea that the 42nd Amendment distorted the Constitution, asserting that:
- Socialism and Secularism as Basic Structure: These principles were already implicit in the Constitution through the concepts of equality, fraternity, and justice.
- Amendability of the Preamble: Article 368, granting Parliament the power to amend the Constitution, extends to the Preamble, as it is an integral part of the Constitution.
- Relevance to Welfare Goals: Amendments, including the 42nd, are tools to adapt the Constitution to the evolving needs of society, particularly in promoting welfare and rights.
Is the Preamble Part of the Constitution?:
- Supreme Court’s View: In Kesavananda Bharati v. State of Kerala (1973), the SC held that the Preamble is part of the Constitution and embodies its philosophy.
- Amendability: The Court has affirmed that the Preamble can be amended under Article 368, provided such amendments do not alter the Constitution’s Basic Structure.
What Socialism Is According to Justice Khanna:
Justice Khanna emphasised that socialism in India denotes a welfare state aimed at ensuring equality of opportunity for all citizens. He clarified that it:
- Envisions a framework where the government actively works to reduce disparities, ensuring access to education, healthcare, and livelihood for all.
- Does not conflict with private sector participation or economic individualism but seeks to harmonise these with social welfare.
What Socialism Is Not in India:
Justice Khanna explicitly stated that socialism in India does not mean:
- Negation of Private Enterprise: India’s socialist ethos has coexisted with a thriving private sector.
- Elimination of Individualism: The Constitution respects individual rights and freedoms while balancing them with collective welfare.
Equality of Opportunity vs. Equality of Outcome
- Equality of Opportunity: Refers to creating a level playing field where everyone has the same chances to succeed. This principle aligns with liberal thought, championed by thinkers like John Rawls, who advocated for a just society providing equal basic liberties and equitable access to opportunities.
- Equality of Outcome: Focuses on achieving similar results for all individuals, often requiring redistribution of resources. This idea is linked with Marxist and socialist ideologies, which prioritise reducing socioeconomic inequalities. India’s socialist framework leans towards equality of opportunity while recognising the state’s role in addressing systemic disadvantages.
Arguments For and Against Keeping ‘Socialism’ and ‘Secularism’ in the Preamble
Articles in the Constitution Incorporating Socialism:
- Article 38: Mandates the state to promote the welfare of the people and minimise inequalities in income and opportunities.
- Article 39(b) and (c): Advocates for equitable distribution of resources to serve the common good.
- Article 41 and 43: Focus on securing the right to work, education, and public assistance for citizens.
- For: They reflect the spirit of the Constitution’s goals of justice, equality, and fraternity and are part of the basic structure of the constitution. These terms reaffirm India’s commitment to inclusivity and welfare.
- Against: Their inclusion during the Emergency undermined democratic principles. Critics argue they enforce a rigid framework, stifling economic and ideological diversity.
