SOCIALISM:
POLITY
NEWS: Socialism
in India means a welfare state not dictatorial dogma, says CJI Sanjiv Khanna
WHAT’S
IN THE NEWS?
The Supreme Court upheld that socialism in India
signifies a welfare state ensuring equality of opportunity without negating
private enterprise and reaffirmed that both socialism and secularism are
integral to the Constitution's Basic Structure. The petitions challenging their
inclusion in the Preamble through the 42nd Amendment were argued to bypass
democratic processes, but the court emphasized the Preamble's amendability
under Article 368.
Socialism
in India: Welfare State, Not Dictatorial Dogma
Context
of the Case
·
A batch
of petitions, including one by BJP leader Subramanian Swamy, challenges the
inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble
of the Constitution.
·
The
inclusion was done through the 42nd Constitution Amendment Act, 1976,
during the Emergency, with retrospective application.
·
Petitioners
argue that these terms impose a specific ideology and question the process of
amendment without ratification by states.
Supreme
Court Bench Composition
·
Chief Justice of India (CJI) Sanjiv Khanna led the Bench, along with
Justice Sanjay Kumar.
Key
Arguments from the Petitioners
·
The Preamble
is a statement of the Constitution’s adoption by the Constituent Assembly and
is an unalterable historical fact.
·
The inclusion
of socialist and secular terms was done during the Emergency, allegedly
bypassing democratic processes.
·
The
amendment imposes a specific ideology, which some argue is inconsistent with
economic development through diverse approaches.
Response
by CJI Sanjiv Khanna
Socialism
in India:
·
Refers to
a welfare state ensuring equality of opportunity for all, not a rigid
dogma or an anti-private sector approach.
·
The idea
of socialism permeates through various Articles of the Constitution.
Secularism
as Basic Structure:
·
Secularism
is deeply embedded in the Constitution’s Basic Structure and is aligned
with principles like equality and fraternity.
Preamble
and Amendments:
·
The
Preamble is part of the Constitution and is amendable under Article 368,
which allows constitutional amendments.
Other
Observations
Advocate Ashwini Kumar Upadhyay: Argued that changes made during
the Emergency reflected a "fraud on the Constitution."
Advocate Sriram Parakkat (for CPI
leader Binoy Viswam): Stated that petitions aim to remove secularism and socialism for
political gains, potentially violating the Supreme Court’s ban on seeking votes
in the name of faith.
Constitutional
Perspective
·
While the
Constitution was adopted on November 26, 1949, it provides for
amendments to adapt to changing needs and to achieve welfare objectives for
citizens.
·
The
inclusion of socialism and secularism reflects evolving goals aligned with the Constitution’s
vision.