Adding 'Secular and Integrity' to the Preamble of the Indian Constitution: The 42nd Amendment

The Indian Constitution, renowned for its foundational principles of justice, liberty, equality, and fraternity, has undergone significant amendments over the years. One of the most notable amendments is the 42nd Amendment of 1976, which specifically added the words 'secular' and 'integrity' to the preamble of the Constitution.

Context of the 42nd Amendment

The 42nd Amendment, enacted during the Emergency period under Prime Minister Indira Gandhi, aimed to address several significant changes in the socio-political landscape of India. While the amendment is widely known for its addition of 'socialist' to the preamble, it also brought about the addition of 'secular' and 'integrity'. This amendment-signified a shift in the constitutional ethos, reflecting the changing needs of the nation.

Secularism in the Indian Context

The Supreme Court of India has consistently maintained that the Constitution of India has always been secular since its inception on January 26, 1950. Chapter III, which deals with fundamental rights, guarantees equality, freedom of religion, and the protection of individual rights, ensuring impartial treatment of all religions by the state. Thus, secularism is an inherent feature of the Constitution from the very beginning.

The 42nd Amendment and its Additions

The 42nd Amendment, while not fundamentally changing the secular nature of the Constitution, did add 'secular' and 'integrity' to the preamble. Specifically, three important words were added to the preamble:

1. Secular

The addition of the word 'secular' signifies that the state does not recognize any specific religion as the state religion. It treats all religions equally, without favoring or discriminating against any particular belief system.

2. Integrity

The word 'integrity' was intended to counter separatist tendencies within the country. By using the phrase 'Union of States,' the Constitution emphasizes that the states have no right to secede from the federation. This clause strengthens the unity and integrity of the nation, fostering a sense of home and belonging for all citizens, regardless of their geographical location.

3. Socialist

While 'socialist' was the predominant addition, it is worth noting that 'secular' and 'integrity' went hand in hand with this change. The socialist principle implies that the means of production are either wholly or partially controlled by the state, reflecting a commitment to socio-economic transformation. India's socialism is characterized by a democratic and communistic approach, aiming to bring about a more just and equitable society.

Conclusion

The 42nd Amendment, though contentious, underscores the evolving nature of the Indian Constitution. The addition of 'secular' and 'integrity' to the preamble reinforces the secular and integral nature of India, aligning with the constitutional principles of justice, liberty, equality, and fraternity. These additions reflect the ongoing effort to address the needs of a diverse and evolving nation, ensuring that the Constitution remains relevant and responsive to the changing socio-political landscape.

In conclusion, the 42nd Amendment of 1976, while primarily focused on the addition of 'socialist' to the preamble, also brought significant changes through 'secular' and 'integrity'. These additions are crucial in shaping the constitutional ethos of a unitary, secular, and socially egalitarian India.