How 'Secular' and 'Socialist' Were Surreptitiously Embedded in the Constitution – And Why Their Contemporary Relevance Warrants Scrutiny

As India commemorated the 50th anniversary of the Emergency on June 25, the spotlight has once again turned to the contentious insertion of the words “Secular” and “Socialist” in the Preamble of the Indian Constitution. These terms, not part of the original Constitution drafted under the stewardship of Dr. B. R. Ambedkar, were brought in through the infamous 42nd Amendment during a time when democratic institutions were severely weakened.

What do these words really mean? Why they were added in the midst of national distress, and what implications have they had for Indian democracy? Can they be justified as part of the nation’s founding values, or were they illegitimate insertions by an authoritarian regime that sought to cloak its dictatorial instincts under lofty ideals?

This debate, far from being academic, cuts to the very soul of India’s democratic foundation.

Emergency and the 42nd Amendment: Insertion Without Consent

In 1976, amidst the dark shadow of the Emergency imposed by then Prime Minister Indira Gandhi, the 42nd Constitutional Amendment was introduced. It came at a time when Parliament was effectively neutered, civil liberties were suspended, and opposition leaders were jailed. Through this amendment, the words “Socialist” and “Secular” were inserted into the Preamble.

The clause was altered to read: “SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC”.

This sweeping amendment, often called the “mini-Constitution,” was used to centralize power, curb judicial independence, and change the spirit of the founding document without public or parliamentary debate. Critics argue that this move was undemocratic, a betrayal of constitutional morality, and a political tool to reshape India’s ideological compass under duress.

The Original Preamble: A Reflection of Founding Ideals

When the Constitution of India came into effect on January 26, 1950, the Preamble read:

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

Notably, the words “Socialist” and “Secular” were absent. During the Constituent Assembly debates, proposals to include these words were put forth but rejected. Leaders like H.V. Kamath and Hasrat Mohani had called for a more overt reference to socialism and secularism, but these were dismissed in favour of a broader, more inclusive language that did not tie India to any particular ideology.

How Leaders Viewed These Terms

Several political stalwarts, including former Prime Ministers Atal Bihari Vajpayee and L.K. Advani, expressed discomfort with the manner in which the 42nd Amendment was passed. They viewed the terms “Socialist” and “Secular” as superfluous to the constitutional spirit and argued that India was already a de facto secular state without needing to declare so.

Advani, during the Janata Party regime, even proposed reviewing these insertions. Many jurists, constitutional experts, and academics have since maintained that India’s secular character stems from its legal framework and civilizational ethos, not from a politically forced insertion in the Preamble.

The 44th Constitutional Amendment, passed in 1978 by the Janata Party government, was intended to roll back many of the authoritarian distortions introduced by the Indira Gandhi regime during the Emergency through the 42nd Amendment. It was seen as a corrective measure to restore democratic values and institutional autonomy that had been undermined between 1975 and 1977. The amendment reinstated civil liberties, revived the power of judicial review, imposed checks on the executive’s ability to declare a national emergency, and safeguarded fundamental rights such as freedom of the press. However, despite its broad restoration of democratic norms, the 44th Amendment notably left untouched two of the most controversial insertions made to the Constitution during the Emergency  the words “socialist” and “secular” in the Preamble thereby missing an historic opportunity to restore the Preamble to its original form.

 Why These Words Were Deemed Unnecessary by Framers

The framers of the Constitution, including Nehru and Ambedkar, intentionally chose not to include “Secular” and “Socialist” in the original Preamble. The word “Secular” was considered vague and controversial at the time – it was feared it might suggest hostility to religion.

Similarly, “Socialism” was seen as an evolving economic model, not a rigid doctrine to be enshrined in a foundational text. K.T. Shah, a member of the Assembly, had moved an amendment in 1948 to declare India a “Secular, Federalist, Socialist Union of States”. This was rejected, reinforcing the consensus that India needed flexible governance, not ideological rigidity.

Supreme Court’s Verdict: 42nd Amendment Will Stay

In 2020, multiple petitions were filed in the Supreme Court challenging the insertion of “Secular” and “Socialist” in the Preamble. Petitioners argued that these terms violated the original intent of the Constitution and imposed unnecessary constraints on policy-making.

But the Supreme Court, in a concise 7-page judgment in November 2023, dismissed the challenge. It ruled that these additions had not obstructed governance or violated constitutional principles and reflected the evolving Indian democratic ethos.

Should the Preamble Be Restored?

The words “Socialist” and “Secular” continue to spark debate, especially among those who believe in a minimal, clear, and value-neutral state. The fact remains that their insertion was not a product of consensus but of coercion during a draconian chapter in India’s history.

Calls to restore the original Preamble, as it was envisioned by the Constituent Assembly, are growing louder. The 42nd Amendment may have been upheld legally, but morally, its origins remain deeply contested. For a vibrant democracy like India, it might be time to revisit and reflect whether such additions truly reflect the will of the people  or the will of a regime that sought to rule them by fear.