Terms "Socialist" and "Secular," has been reignited by recent remarks made by political figures in the ruling coalition

Regarding the Socialist and Secular elements in the Preamble of India:

What does the Preamble entail?

Definition: The Preamble serves as the opening statement to the Constitution, detailing its aims and foundational principles.

Created under the guidance of Dr. B.R. Ambedkar, it was ratified on 26 November 1949.

Legal Status: While not legally binding, it serves as a mechanism for interpreting the constitution.

Attributes of the Preamble:

Proclaims India as a Sovereign, Socialist, Secular, Democratic Nation.

Guarantees Justice (social, economic, political), Freedom, Equality, and Brotherhood.

Represents the hopes of the populace and the fundamental principles of the Constitution.

What is the current problem?

Political Discourse: Proposals to eliminate "socialist" and "secular" due to their inclusion during the Emergency period.

Legal Issue: Queries regarding whether changing these terms breaches the Basic Structure Doctrine.

Ideological Split: Detractors perceive the action as a bid to undermine India’s inclusive and welfare-focused nature.

Definition of “Socialist” and “Secular”:

Socialist: Suggests dedication to welfare initiatives, diminished inequality, and fair allocation (e.g., PM Garib Kalyan Yojana).

Secular: The government remains impartial to all religions and guarantees equal rights for every belief (e.g., Article 25-28).

Motives for Including 'Socialist' and 'Secular' (42nd Amendment):

Clarification: To represent current values already incorporated in Directive Principles.

Enhancing Values: Bolster India’s dedication to encompassing growth.

Crisis Politics: Aimed at transforming political stories amid a period of centralized authority.

Legal Support: Approved by special majority, affirmed by judiciary in Minerva Mills (1980).

Is it possible to amend the Preamble?

Reasons Advocating for the Amendment

Article 368: The Constitution allows for the amendment of any section, including the Preamble.

Parliamentary Authority: The 42nd Amendment established a precedent for modifying the Preamble.

Democratic Progress: Societal values change; Constitution should embody current realities.

Not Justiciable: The preamble cannot be enforced in courts, providing room for adaptability.

In summary:

Modifying the Preamble is a challenge to India's constitutional vision, not just a question of wording. Socialism and secularism are governing principles rather than political instruments. They must be firmly opposed in a democratic, moral, and legal manner to any attempt to weaken them.