Context: The Supreme Court has recently dismissed petitions challenging the constitutional validity of the 42nd amendment to the Indian Constitution which added the words ‘secular’ and ‘socialist’ to the Preamble of the Constitution. As per SC, “these terms have achieved widespread acceptance, with their meanings understood by ‘We, the people of India’ without any semblance of doubt”.
Relevance of the topic: Prelims- Key facts about the terms ‘Socialism’ and ‘Secularism’.
Background:
- The Preamble so far has been amended only once by the 42nd Constitutional Amendment Act, during the Emergency days in 1976.
- The amendment had added three new words Socialist, Secular and Integrity to the Preamble. This amendment has subsequently been held to be valid.
About Socialism:
- The term ‘Socialist’ was added by the 42nd Constitutional Amendment Act, but even before:
- The Constitution had a socialist content or principles which were reflected in certain Directive Principles of State Policy (DPSP).
- The Congress party adopted a resolution to establish a 'socialistic pattern of society' in its Avadi session in 1955 and took measures accordingly.
- Nature of Indian Socialism:
- The Indian brand of socialism emphasises ‘democratic socialism’, promoting a mixed economy (co-existence of public and private sectors).
- As the Supreme Court says, 'Democratic socialism aims to end poverty, ignorance, disease, and inequality of opportunity.’
- It is distinct from ‘state socialism’ or 'communistic socialism' (communism), which involves the nationalisation of all means of production and distribution and the abolition of private property.
- It is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism, emphasising equity and dignity.
- The Indian brand of socialism emphasises ‘democratic socialism’, promoting a mixed economy (co-existence of public and private sectors).
- Impact of Economic Reforms (1991): The New Economic Policy (1991) of liberalisation, privatisation and globalisation has diluted India’s overt socialist credentials, leading to a more market-driven economy.
About Secularism:
- The term 'Secular' was added by the 42nd Constitutional Amendment Act of 1976, but even before its explicit inclusion in the Preamble, secularism was embedded in Constitutional provisions like Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion).
- Positive Secularism:
- Unlike Western secularism, Indian secularism embodies the positive concept of secularism, i.e., all religions in our country (irrespective of their strength) have the same status and support from the state.
- Religion is not isolated from the state. Instead, the state treats all religions equally, without favor or discrimination.
Directives Principles based on Socialism:
- The Directive Principles of State Policy (Articles 36 to 51 of Part IV) are classified on the basis of their ideological source and objectives, into three categories:
- Socialist Principles
- Gandhian Principles
- Liberal and Intellectual Principles
- The following DPSPs reflect the ideology of socialism:
- Article 38: The State shall strive to promote the welfare of the people by securing and protecting a social order by ensuring social, economic, and political justice and by minimising inequalities in income, status, facilities and opportunities.
- Articles 39: The State shall, direct its policies towards securing:
- Right to an adequate means of livelihood to all the citizens.
- The ownership and control of material resources shall be organised in a manner to serve the common good.
- The State shall avoid concentration of wealth in a few hands.
- Equal pay for equal work for both men and women.
- The protection of the strength and health of the workers.
- Childhood and youth shall not be exploited.
- Article 39 A: To promote equal justice and to provide free legal aid to the poor.
- Article 41: To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disability.
- Article 42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.
- Article 43: The State shall endeavour to secure to all workers a living wage and a decent standard of life.
- Article 43A: The State shall take steps to secure the participation of workers in the management of industries.
- Article 47: To raise the level of nutrition and the standard of living of people and to improve public health.