The Constitution of India at First and Now ...

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The Constitution of India, which serves as the supreme law of the country, was officially adopted on January 26, 1950. This date is celebrated annually as Republic Day in India. The Constitution laid the foundation for the governance of India as a sovereign, democratic republic. It outlines the framework for political principles, establishes the structure, procedures, and powers of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.

The Preamble of the Constitution

The Preamble to the Constitution is an introductory statement that sets out the guiding purposes and principles of the document. At the time of its adoption in 1950, the Preamble read as follows:

"We, the people of India, having solemnly resolved to constitute India into a Sovereign Democratic Republic and to secure to all its citizens:

• Justice, social, economic, and political;

• Liberty of thought, expression, belief, faith, and worship;

• Equality of status and of opportunity; and to promote among them all

• Fraternity assuring the dignity of the individual and the unity of the Nation.

In our Constituent Assembly this twenty-sixth day of November 1949, do hereby adopt, enact, and give to ourselves this Constitution."

The Preamble encapsulates the essence and philosophy of the entire Constitution. It reflects the vision of the founding fathers to build an inclusive and democratic society where justice, liberty, equality, and fraternity are paramount.

Addition of the Word "Secular"

The word "Secular" was not originally part of the Preamble when the Constitution was adopted in 1950. It was introduced later through the 42nd Amendment Act of 1976. The 42nd Amendment is one of the most comprehensive amendments to the Indian Constitution and is often referred to as the "Mini-Constitution" because of the vast number of changes it introduced.

This amendment was passed during the Emergency period (1975-1977) under the prime ministership of Indira Gandhi. The Emergency was a controversial period in Indian history, characterized by a suspension of civil liberties, press censorship, and the centralization of power. Amidst this backdrop, the 42nd Amendment sought to strengthen the position of the central government and reshape the constitutional framework to align more closely with the ideology of the ruling party at the time.

Specifically, the word "Secular" was added to the Preamble to reflect the character of the Indian state. The Preamble was amended to read:

"We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens…"

Purpose of Adding "Secular"

The inclusion of the word "Secular" in the Preamble was intended to reinforce the Indian state's commitment to maintaining a neutral stance towards all religions. Secularism in the Indian context means that the state does not promote or favor any particular religion. It ensures that individuals have the freedom to practice, profess, and propagate any religion of their choice or to practice none at all, without interference from the state.

The addition of "Secular" emphasized that India, despite being home to a vast array of religious communities, would maintain a clear separation between religion and state affairs. This was seen as essential to promoting national unity and preventing religious conflict in a diverse and multi-religious society like India.

The 42nd Amendment

The 42nd Amendment Act of 1976 brought about significant changes to the Constitution, including the following:

1. Preamble: It introduced the words "Socialist" and "Secular" to the Preamble.

2. Fundamental Duties: It added a list of Fundamental Duties to the Constitution (Article 51A).

3. Judiciary: It curtailed the power of the judiciary and strengthened the power of Parliament, particularly concerning constitutional amendments.

4. Directive Principles: It gave greater prominence to Directive Principles over Fundamental Rights.

The amendment was criticized for concentrating too much power in the hands of the central government and was seen by many as undermining the democratic and federal structure of the Constitution. After the Emergency ended and a new government came to power in 1977, the 44th Amendment Act of 1978 was passed to undo many of the changes introduced by the 42nd Amendment, though the words "Secular" and "Socialist" were retained in the Preamble.

In conclusion, the addition of "Secular" to the Preamble was a significant constitutional development that underlined India's commitment to religious neutrality and the protection of religious freedom. The 42nd Amendment, while controversial, played a pivotal role in shaping the modern interpretation of the Indian state as a secular democracy.

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