Why the Constitution must say the Republic is secular

The Indian Constitution is not merely a legal manuscript; it is a living testament to the dreams, desires, and destiny of a billion-plus people. Often referred to as the Constitution's identity card, the Preamble is a poetic prelude that introduces this sombre symphony of justice, liberty, equality, and fraternity.

- Abhishek Singhvi

As arguments rage and dust is thrown around the alleged immutability or sanctity of this pillared text, especially the terms ‘socialist’ and ‘secular’, it may be constitutional dharma to revisit facts, law, and ethos to demonstrate how disingenuous and legally indefensible it is to claim that the Preamble is cast in stone, immune from amendments.

After the 42nd Amendment in 1976 added the terms socialist and secular, none of the several challenges to those additions in the decades that followed was successful in establishing that the Preamble fell outside the scope of the amending power of Article 368.

The principles of socialism and secularism were firmly anchored in the original constitutional vision from the very beginning, even though they were technically codified by declaration in the 42nd Amendment.

The Directive Principles generally and Articles 38 and 39 in particular, which require the state to lessen inequality and guarantee a just and equitable allocation of resources, are the conduits through which the socialist urge is expressed. Similarly, Articles 25 to 28 affirm a strong, secular ethos at the core of our republic by securing the promise of fair treatment for all faiths.

These words may have appeared during the period of constitutional excesses of the Emergency, but they serve to clarify rather than to obfuscate the constitutional founding fathers’ plan. These words serve as a reminder of the Republic's moral duties rather than causing harm to anyone. Good things can come out of bad times. Uprooting them now would be waging a pointless, contrived war, one that is being fought against India’s basic concepts.