Socialism, secularism are the spirit of the Constitution

The Hindu

a day ago

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. Recent calls by the leadership of the Rashtriya Swayamsevak Sangh (RSS) leadership to remove the words socialism and secularism from the Preamble are not just an attack on semantics but is also a direct assault on the foundational vision of the Indian republic itself.
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. It is a deceitful move by the RSS to invoke the Emergency in order to discredit these principles, especially when it colluded with the Indira Gandhi government during that time for its own survival. To use that event in history to now undermine the Constitution reflects the RSS's hypocrisy and opportunism.
Reflected in the Preamble and beyond
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. The Fundamental Rights were major steps in that direction. 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.
The Directive Principles of State Policy have the clearest articulation of the socialist vision, in the Indian Constitution. Articles 38 and 39 clearly lay it out, and is further explained in Articles 41, 42 and 43. These provisions are not just aspirational; they have guided landmark legislation and judicial interpretation in India.
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. The original text of the Preamble, even before the addition of the word secular in 1976, had already promised 'Liberty of thought, expression, belief, faith and worship' and 'Fraternity assuring the dignity of the individual…'.
Under Fundamental Rights, Articles 25 to 28 provide the Right to Freedom of Religion and further underscore the secular nature of the Indian Republic. Articles 29 and 30, on Cultural and Educational Rights, too reiterate this. These articles ensure that the state neither identifies with nor privileges any religion, and that every citizen, regardless of faith, enjoys equal rights and protections. Even the Supreme Court of India has repeatedly affirmed that secularism is part of the Constitution's 'basic structure'.
The Basic Structure Doctrine was introduced in 1973 in the Supreme Court's landmark judgment in Kesavananda Bharati. 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.
Inseparable from the Constitution's fabric
It is a fallacy to claim that socialism and secularism in the Preamble of the Constitution are mere 'additions' or 'impositions' from the 1970s. The Objective Resolution of the Constituent Assembly, the Constituent Assembly debates themselves and the lived experience of India's glorious anti-colonial freedom struggle all testify that these values were central to the vision of the Republic's founders.
The Constitution's commitment to social and economic justice, equality, and fraternity is inherently socialist. Its guarantee of religious liberty, non-discrimination and minority rights is inherently secular. Even if the words socialist and secular (the word secular was there in Article 25(2)(a) even before the 42nd Amendment) were to be removed from the Preamble, the Constitution's core philosophy, structure and provisions would remain unchanged in their essence.
Dr. B.R. Ambedkar's final speech to the Constituent Assembly on November 25, 1949, offers profound insights that reinforce the argument that the notion of equality (which forms the foundation of the ideas of socialism and secularism) is embedded in the Constitution's spirit and structure. B.R. Ambedkar's words remain a guiding light against any attempt to dilute these foundational values.
The real agenda has been exposed
The RSS's demand to remove socialism and secularism from the Preamble of the Constitution is a calculated move to undermine the very foundations of the Indian Republic. It exposes its long-standing agenda to replace the Constitution with a veiled Manusmriti, subvert the secular democratic republic of India, and create a theocratic Hindu Rashtra. The attempt to erase socialism and secularism from the Preamble is an attempt to rewrite history, to delegitimise the legacy of India's anti-colonial freedom struggle, and to pave the way for an oppressive majoritarian state.
The Constitution of India is a living document that is designed to secure justice, liberty, equality, and fraternity for all. Socialism and secularism are the pillars on which the edifice of the Indian Republic stands. To attack them is to attack the very soul of India's democracy. All those who cherish the values of the freedom struggle — a struggle that the RSS was not part of — must stand united in defence of the lofty values of the Constitution, and resist any attempt to destroy the idea of India.
M.A. Baby is the General Secretary of the Communist Party of India (Marxist)