Introduction
- In a significant legal ruling, the Supreme Court of India dismissed petitions that challenged the inclusion of the terms ‘Socialist,’ ‘Secular,’ and ‘Integrity’ in the Preamble of the Constitution, as amended by the 42nd Amendment Act of 1976.
- Petitioners argued that these terms were inserted undemocratically during the Emergency period and that their inclusion altered the original character of the Constitution.
- They sought either the removal of these terms or their relocation to a different section of the Constitution.
- However, the Supreme Court upheld the amendments, affirming that the inclusion of these terms was constitutionally valid.
- The Court’s decision underscores the evolving interpretation of the Preamble and reinforces the integral role these terms play in shaping India’s constitutional framework.
Key Supreme Court Ruling on the Challenge
- Essential to the Constitution’s Basic Structure The Court dismissed the petitions and emphasized that the terms ‘Socialist,’ ‘Secular,’ and ‘Integrity’ are central to the basic structure of the Constitution. The ruling referred to the 1994 S.R. Bommai case, in which the Court had reaffirmed secularism as a fundamental feature of the Constitution. By upholding the terms, the Court reaffirmed that these concepts are indispensable to the core values of India’s Constitution.
- Rationale Behind the Inclusion of the Terms: The Court provided an explanation for the inclusion of these terms in the Preamble:
- Socialist: The term ‘socialist’ was deliberately left out by the Constituent Assembly to allow flexibility for future generations to define the nation’s economic framework. The Court pointed out that while the term was not originally included, the principles of democratic socialism have always been part of India’s policy, combining state-led welfare programs with private enterprise to ensure socio-economic progress.
- Secular: The Court explained that although the term ‘secular’ was omitted by the framers of the Constitution, they still intended to create a secular state that would guarantee equality and freedom of religion. The addition of the word ‘secular’ in the 42nd Amendment clarified India’s commitment to religious neutrality and the equal treatment of all faiths.
- Explaining Socialism and Secularism in the Current Context:
- Socialism: The Court highlighted that socialism in India is not solely about state control but also about a welfare state model that balances state-driven welfare measures with private enterprise. It acknowledged that while India has moved toward a market-oriented economy since the 1990s, welfare measures like MGNREGA and direct benefit transfers remain crucial to address inequality and poverty.
- Secularism: The Court reaffirmed that India’s brand of secularism ensures religious neutrality. It ensures that the state does not favor any particular religion, providing equal freedom of belief to all citizens. The Court reiterated the principle from the S.R. Bommai case that secularism is an essential feature of the Indian Constitution, reinforcing that the state must remain neutral in religious matters.
- Rejection of the Emergency Origins Argument: The Court dismissed the argument that the inclusion of these terms during the Emergency rendered them illegitimate. It referred to the 44th Amendment debates in 1978, which further reinforced the inclusion of these terms through democratic parliamentary discussion. The Court emphasized that the Constitution is a living document and the inclusion of terms such as ‘Socialist’ and ‘Secular’ in the Preamble was a legitimate amendment that reflected the evolving socio-political landscape of the country.
Read also: 75 Years of the Indian Constitution | UPSC
Evolution of Legal Interpretations of the Preamble
- Berubari Union Case, 1960: In the Berubari Union case, the Court recognized that the Preamble expressed the general purposes and values behind the Constitution. It was seen as the “key to the minds of the makers of the Constitution,” offering insights into their intentions. However, the Court held that the Preamble was not a legally enforceable part of the Constitution.
- Kesavananda Bharati Case, 1973: In this landmark case, the Court reversed its earlier stance and ruled that the Preamble is indeed a part of the Constitution. The ruling emphasized that the Preamble provides a framework for interpreting the Constitution and should be considered when understanding the provisions of the Constitution.
- LIC of India Case, 1995: The Supreme Court reaffirmed the Preamble as an integral part of the Constitution, emphasizing that while it forms part of the Constitution, it does not possess independent legal force. The Preamble aids in interpreting other provisions of the Constitution and helps in understanding its underlying values.
Significance of the Preamble
The Preamble to the Indian Constitution holds immense significance and is central to understanding the nation’s constitutional ethos. Here are some of the key aspects that highlight the importance of the Preamble:
- Core Values of the Constitution: The Preamble sets forth the core values of the Constitution, such as justice, liberty, equality, and fraternity. These values are not just aspirational goals but fundamental principles that form the bedrock of the Constitution. As Sir Ernest Barker put it, the Preamble serves as the “keynote” of the Constitution, laying out the ideals upon which the country is built.
- Reflection of the Constituent Assembly’s Vision: The Preamble serves as a historical testament to the vision of the Constituent Assembly. It reflects the grand ideals of the framers, aiming to create a just, democratic, and inclusive republic. It embodies their aspirations for a nation free from the colonial past and committed to the welfare of all its citizens.
- Goals to be Pursued by the Nation: The Preamble outlines the goals of the Indian state, such as securing justice, liberty, equality, and fraternity. These goals provide a roadmap for governance and the functioning of democratic institutions. The principles articulated in the Preamble guide India’s legal and social reforms.
- Identity of the Constitution: The Preamble functions as a practical aid when interpreting the Constitution. In instances where the language of specific provisions may be ambiguous, the Preamble helps clarify the intentions behind those provisions. As legal expert N.A. Palkhivala stated, the Preamble is the “identity card” of the Constitution, providing clarity on its true meaning.
- Expression of the Collective Will of the People: By beginning with the words “We, the people of India,” the Preamble asserts that the Constitution derives its authority from the citizens of India. It reflects the collective will of the people, affirming that the Constitution is a living document that evolves with the aspirations and needs of the people.
Critiques of the Preamble
Despite its important role, the Preamble has faced various critiques, particularly regarding its non-justiciable nature and the gap between its lofty ideals and the realities of Indian society.
- Non-Justiciable Nature: One of the main criticisms of the Preamble is that its provisions are aspirational and not legally enforceable. This means that while the Preamble articulates essential values like justice, equality, and liberty, these goals cannot be directly imposed by the courts, limiting their immediate practical impact.
- Unrealized Goals: Critics argue that despite the ideals set out in the Preamble, goals like liberty, equality, and justice have not been fully realized in Indian society. Issues like caste discrimination, gender inequality, and socio-economic disparities persist, undermining the vision of a just and equitable society.
- Challenges to the Spirit of Fraternity: The persistence of caste-based discrimination and communal tensions continues to challenge the vision of fraternity in the Preamble. Despite legal provisions, social divisions and exclusionary practices still prevail, limiting the sense of unity and brotherhood envisaged by the framers.
- Threats to Unity and Integrity: Internal conflicts, including regionalism, insurgency, terrorism, and separatism, pose significant threats to the unity and integrity of the nation. These challenges highlight the need for stronger implementation of the principles enshrined in the Preamble, ensuring that the values of unity and integrity are upheld in the face of divisive forces.
