Govt Has No Current Plan To Remove 'Socialist' & 'Secular' From Constitution's Preamble : Union Law Minister

Clarifying the Union Government's official stance, Union Law Minister Arjun Ram Meghwal has said that there are no plans at present to remove the words "socialist" and "secular" from the Preamble to the Indian Constitution. Yesterday, in response to the Samajwadi Party MP Ramji Lal Suman query on "official bearers of some social organisations" attempting to create an atmosphere for the removal of the two words from the Preamble, Meghwal said: "Regarding the atmosphere created by office-bearers of some social organisations, it is possible that certain groups are expressing opinions or advocating for reconsideration of these words. Such activities can create a public discourse or atmosphere around the issue, but this does not necessarily reflect the official stance or actions of the government."Meghwal, in a written reply, clarified the Government's stand: "The government's official stand is that there is no current plan or intention to reconsider or remove the words 'socialism' and 'secularism' from the Preamble of the Constitution. Any discussions regarding amendments to the Preamble would require thorough deliberation and broad consensus, but as of now, the government has not initiated any formal process to change these provisions.""The Indian government has not formally initiated any legal or constitutional process to remove the words "socialist" and "secular" from the Preamble of the Constitution. While there may be discussions or debates in certain public or political circles, no formal decision or proposal has been announced by the government regarding amendments to these terms," Meghwal said.In his reply, he cited the judgment delivered by the Supreme Court in November 2024 in Dr Balram Singh v. Union of India which rejected the challenge to the 42nd amendment introducing these words in the Preamble.Added through the Constitution (Forty-second Amendment) Act, 1976, the words socialist and secular are core parts of the basic structure of the Indian Constitution propounded in Kesavananda Bharati v. State of Kerala(1973). While the word socialist signifies a welfare state, secularism represents one of the facets of the right to equality. The concept of secularism as part of the basic structure has been upheld by the Supreme Court in S.R. Bommai vs Union of India(1994), the Court had noted in Balram Singh.In recent times, many petitions have been filed seeking the removal of these words from the Preamble, claiming that the 42nd amendment was passed without hearing the people, as it was made during the Emergency.Responding to such petitions, the Supreme Court in Dr Balram Singh v. Union of India said: "The fact that the writ petitions were filed in 2020, forty-four years after the words 'socialist' and 'secular' became integral to the Preamble, makes the prayers particularly questionable. This stems from the fact that these terms have achieved widespread acceptance, with their meanings understood by “We, the people of India” without any semblance of doubt...In essence, the concept of secularism represents one of the facets of the right to equality, intricately woven into the basic fabric that depicts the constitutional scheme's pattern...In the Indian framework, socialism embodies the principle of economic and social justice, wherein the State ensures that no citizen is disadvantaged due to economic or social circumstances. The word 'socialism' reflects the goal of economic and social upliftment and does not restrict private entrepreneurship and the right to business and trade, a fundamental right under Article 19(1)(g)."Notably, there were attempts through the 44th Amendment to undo the 42nd Amendment. However, these words remained untouched.Click here to read the reply

Govt Has No Current Plan To Remove 'Socialist' & 'Secular' From Constitution's Preamble : Union Law Minister

Gursimran Kaur Bakshi

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