NEW DELHI: The Indian Supreme Court questioned the motives behind a petition seeking the removal of the terms “secular” and “socialist” from the Preamble of India’s Constitution, asking the petitioners, “You don’t want India to be a secular state?”
Led by BJP leader and former MP Subramanian Swamy, the petitioners argue that these terms distort the original democratic ideals of India. However, the court emphasized that secularism is a core principle of the Constitution and forms part of its “basic structure,” which landmark rulings like Kesavananda Bharati and SR Bommai protect from amendments.
Justice Sanjiv Khanna noted during the hearing that in India, secularism refers to equal treatment of all religions, unlike the Western concept of separating religion from the state. He added that the inclusion of “secular” in the Preamble merely clarifies the Constitution’s inherent philosophy.
The case reignites debates around the 42nd Constitutional Amendment of 1976, which introduced “socialist” and “secular” to the Preamble to align India’s identity with its evolving social and political landscape.
Petitioner Vishnu Shankar Jain claimed that the 42nd Amendment was not adequately debated in Parliament. Justice Khanna, however, countered by stating that both terms have developed meanings. He pointed out that “socialism” can signify equal opportunity, and “secularism” carries different interpretations.
Swamy further suggested splitting the Preamble into two parts—one with the original date and one without. The court has requested additional documents from the petitioners for further review, with the next hearing set for November 18, but refrained from issuing notices at this stage.
