Malcolm Rivera
The Indian Constitution has been amended over 100 times since its adoption in 1949, with the Preamble being changed just once during the Emergency in 1976. During this time, Prime Minister Indira Gandhi's government added the words secular and socialist to the Preamble through the 42nd Amendment. The inclusion of secular aimed to promote unity among India's diverse religious communities by treating all religions equally and maintaining neutrality. Despite the addition of these terms, the Indian Constitution has always been underpinned by secularism, with Articles 25-28 specifically designed to promote this.
| Characteristics | Values |
|---|---|
| Date Added | 1975 or 1976 |
| Amendment Number | 42nd Amendment |
| Prime Minister | Indira Gandhi |
| Philosophy | Secularism was always part of the Constitution's philosophy |
| Secular Definition | Separation of religion and state, no official state religion, no religious instruction in state-owned schools, no use of taxpayer money to support any religion |
| Secularism in Practice | Overlap of religion and state, state support for religious schools and personal laws, extensive state interference in religious affairs |
| Secularism Critics | Foreign origins of the word, inapplicability to the Indian context, misinterpretation or misuse of the word, imposition of a particular political ideology |
| Secularism Supporters | A core part of the Constitution, treating all religions equally, maintaining neutrality, not endorsing a state religion |
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What You'll Learn
- The 42nd Amendment added the word 'secular' to the Indian Constitution in 1976
- The Indian Constitution's philosophy already embodied secularism
- The inclusion of the word 'secular' in the Preamble aimed to promote unity among India's diverse religious communities
- The word 'secular' has been debated for four decades, with right-leaning critics claiming it sanctions 'pseudo-secularism'
- Secularism in the Indian Constitution has been criticised for its foreign origins and inapplicability to India
The 42nd Amendment added the word 'secular' to the Indian Constitution in 1976
The Indian Constitution has been amended over 100 times since its adoption in 1949. One of the most notable amendments is the 42nd Amendment, enacted in 1976 during the tenure of Prime Minister Indira Gandhi. This amendment added the words "socialist" and "secular" to the Preamble of the Constitution, changing it to:
> "We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic..."
The inclusion of the word "secular" in the Preamble was intended to promote unity among India's diverse religious communities and to emphasise the state's neutrality towards all religions. It reflected the underlying principle of secularism, which had always been a part of the Constitution's philosophy, even if not explicitly stated before. The Indian version of secularism is defined by the separation of religion and state, with the state treating all religions equally and not favouring any one religion as the official religion.
The move to add "secular" to the Preamble was not without controversy. Critics argued that it was an attempt by the Congress to influence India's political identity, as the concept of secularism was already inherent in the Constitution. The addition of "secular" has also been a source of debate, with some arguing that it sanctioned "pseudo-secularism" and "vote-bank politics".
It is important to note that the Indian Supreme Court has affirmed that India was always a secular country, even before the explicit inclusion of the word "secular" in the Preamble in 1976. The Court's judgement established that there is a separation of state and religion in India, and that any state government pursuing unsecular policies would be acting contrary to the constitutional mandate.
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The Indian Constitution's philosophy already embodied secularism
The Indian Constitution, since its inception, has been committed to positive secularism, which is "not the antithesis of religious devoutness but comprises religious tolerance". Secularism, as a basic feature of the Indian Constitution, places upon the state a duty to not discriminate against anyone on the basis of religion. The Constitution commits India to being a secular polity, with the state remaining neutral in matters of religion.
The philosophical thought behind the Constitution was that a strong and independent country must have a framework that helps to frame the interrelationship between various organs and regulate their relations with people. The preamble is a brief introduction to the Constitution and its legislative intent and policy.
The Indian Constitution's secularism has been interpreted as equality before the law for all religions, with the state remaining neutral. This interpretation is in line with the ancient Indian word "Vasudeva Kutumbakam", which means the whole world is one family. This principle is elaborated on in Article 51 of the Directive Principles of State Policy.
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The inclusion of the word 'secular' in the Preamble aimed to promote unity among India's diverse religious communities
The Indian Constitution, in its modern form, has always been inspired by secularism. However, the word 'secular' was formally added to the Preamble of the Indian Constitution in 1975, with the passing of the 42nd Amendment.
The addition of the word 'secular' to the Preamble aimed to promote unity among India's diverse religious communities by emphasising the separation of religion and state. This principle of overlap, rather than a complete separation, is reflected in the Concurrent List structure of the 7th Schedule of the Indian Constitution. This structure allows both the central and state governments to make laws regarding religious institutions, charities, and trusts, with central government law taking precedence in the event of a conflict.
The inclusion of the word 'secular' in the Preamble was intended to send a clear message that the Indian state would remain neutral regarding religion, treating all faiths equally before the law. This was particularly important given India's diverse religious landscape, which includes significant populations of Hindus, Muslims, Sikhs, Christians, Buddhists, and Jains, among others.
The interpretation of secularism in the Indian context, as reflected in the Preamble, allows for extensive state interference in religious affairs. For example, the state provides partial financial support for religious schools and the maintenance of religious buildings and infrastructure. Additionally, personal laws—which govern matters such as marriage, divorce, inheritance, and alimony—can vary depending on one's religious identity, such as the option for Muslims to marry under secular law if they choose to do so.
While the inclusion of the word 'secular' in the Preamble aimed to promote unity and equality among diverse religious communities, it has also been a source of tension. Critics have pointed out the foreign origins of the word and its problematic application in India. Hindu nationalists, for instance, have characterised India's form of secularism as "pseudo-secularism," accusing the state of "political appeasement of minorities." Despite these criticisms, the Indian Supreme Court affirmed in 1994 that India has been a secular nation since its formation, establishing the separation of state and religion as a core constitutional principle.
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The word 'secular' has been debated for four decades, with right-leaning critics claiming it sanctions 'pseudo-secularism'
The Indian Constitution has been a secular document since the country's independence in 1947. However, the word 'secular' was not added to the preamble of the constitution until much later. On November 15, 1948, during a debate in the Constituent Assembly, Prof K T Shah demanded the inclusion of the word 'secular' in the preamble. While the assembly agreed on the necessity of a secular state, the word 'secular' was not included in the preamble at that time.
It was only in 1976, during the Emergency, that the word 'secular' was added to the preamble through the 42nd Amendment Act, under Prime Minister Indira Gandhi's government. This amendment formally enshrined the spirit of secularism in the constitution, emphasising the treatment of all religions equally and maintaining religious neutrality.
However, the inclusion of the word 'secular' in the Indian Constitution has been a highly debated topic for decades. Right-leaning critics, including Hindu nationalists, have characterised India's form of secularism as "pseudo-secularism", claiming that it sanctions the "political appeasement of minorities". They argue that secularism, as practised in India, deviates from its original intent and that the country's acceptance of some religious laws violates the principle of equality before the law.
Supporters of the Indian concept of secularism counter these claims by stating that it respects "minorities and pluralism". They argue that a uniform civil code, with equal laws for every citizen regardless of religion, would not impose majoritarian Hindu sensibilities. Additionally, they highlight the importance of secularism in a country with a diverse religious population, ensuring the state's commitment to religious neutrality.
The debate over the inclusion of the word 'secular' in the Indian Constitution reflects the ongoing tension between supporters of Indian secularism and those advocating for a different approach to the relationship between religion and the state.
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Secularism in the Indian Constitution has been criticised for its foreign origins and inapplicability to India
The Indian Constitution has been criticised for adopting secularism, a concept with origins in late medieval Europe, specifically the Protestant Reformation and the Enlightenment. This criticism highlights the apparent disconnect between the Western concept of secularism and the unique religious landscape of India.
The term "secularism" was introduced into the Indian Constitution's preamble through the 42nd Amendment in 1976, formalising a value that had always been integral to the Constitution. However, critics argue that the Western notion of secularism, which calls for a separation of religion and state, is incompatible with India's complex religious dynamics. India's constitutional framework allows for "extensive state interference in religious affairs," reflecting an interpretation of secularism that ensures equality before the law for all religions while maintaining state neutrality.
The application of secularism in India has been criticised for its inconsistent recognition of religious laws. For instance, the Indian government retained Muslim 'personal law' while refusing to acknowledge the religious pasts of Indian nationalism, whether Hindu or Muslim. This selective recognition of religious laws has been characterised as "pseudo-secularism" by Hindu nationalists, who view it as a mechanism for the "political appeasement of minorities."
The tension between supporters of Indian secularism and proponents of Hindu nationalism has resulted in appeals to the Supreme Court to remove the words "secular" and "socialist" from the Preamble to the Constitution. These appeals reflect a desire to declare India a "Hindu nation" constitutionally, safeguarding what Hindu nationalists perceive as the rights and life of Hindus.
Despite these criticisms, India's secular values have been upheld by the Supreme Court, which affirmed in the 1994 case S. R. Bommai v. Union of India that India has been a secular nation since its independence in 1947. The judgement emphasised the separation of state and religion, stating that "In matters of State, religion has no place."
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Frequently asked questions
The word 'secular' was added to the Preamble of the Indian Constitution in 1976 through the 42nd Amendment.
The addition of the word 'secular' was enacted during the tenure of Prime Minister Indira Gandhi.
The inclusion of the word 'secular' aimed to promote unity among India's diverse religious communities. It meant that the state treats all religions equally, remains neutral, and doesn't favour any one religion as the state religion.
The move to add 'secular' faced criticism from several quarters as many believed it was an attempt by the Congress to influence India's political identity. There have also been appeals to the Supreme Court of India to remove the word 'secular' from the Preamble, with critics arguing that the original Preamble already encompassed the ideas of justice, equality, liberty, and fraternity without explicitly mentioning secularism.
