Debate on Constitutional Amendment Intensifies

The ongoing political discourse surrounding the incorporation of the terms ‘secular’ and ‘socialist’ into the Preamble of the Indian Constitution, a result of the 42nd Constitutional Amendment in 1976 during the Emergency period, has intensified recently. Key political figures, including Vice President Jagdeep Dhankhar, RSS leader Dattatreya Hosabale, and Union Ministers Shivraj Singh Chouhan and Jitendra Singh, have publicly criticized this amendment.

Key Points:

• The 42nd Constitutional Amendment (1976) introduced ‘secular’ and ‘socialist’ into the Preamble and created the chapter on Fundamental Duties.
• The Citizens’ Duties Awareness Programme launched by the NDA government in 2019 emphasizes awareness of the Constitution and its Fundamental Duties.
• The 44th Constitutional Amendment (1978) reversed several provisions introduced during the Emergency, restoring civil liberties while retaining the amendments related to the Preamble and Fundamental Duties.
• A ruling in November 2024 by a two-judge bench led by Chief Justice Sanjiv Khanna dismissed writ petitions challenging the 42nd Amendment, asserting that the terms have become widely accepted and are understood by the populace without ambiguity.
• The court established that these additions have not hampered legislative actions as long as they don’t infringe on fundamental rights or the Constitution's basic structure.

Historical Context:

• The Kesavananda Bharati case (1973) confirmed that secularism is an essential feature of the Constitution, stating that the state must not discriminate based on religion.
• The Minerva Mills case (1980) reiterated the constitutional ideal of socialism as a directive principle of state policy set forth in Part IV of the Constitution, aiming for social, economic, and political justice.

Overall, the discourse reflects a significant aspect of India's constitutional framework where historical amendments, judicial interpretations, and ongoing political debates influence the understanding and implementation of fundamental principles in governance.

Important Sentences:

• The recent political debate is centered around the 42nd Constitutional Amendment which added ‘secular’ and ‘socialist’ to the Preamble.
• Prominent leaders have questioned this amendment, reflecting a broader discussion on its implications.
• The 44th Amendment retained the Preamble changes while overturning other Emergency-era amendments.
• The November 2024 court ruling emphasized that the concepts in the Preamble are widely accepted and do not restrict legislative actions.
• The Kesavananda Bharati and Minerva Mills rulings underscore the foundational aspects of secularism and socialism in the Constitution.