The Impact of the 42nd Amendment on India’s Constitutional Secularism
India's Constitution is a complex document that defines the structure and functioning of the nation. A notable amendment to the Constitution occurred during the Emergency period under Indira Gandhi, with the addition of the words lsquo;Socialistrsquo; and lsquo;Secularrsquo; to the Preamble. This article explores the implications and consequences of this amendment, examining how it has affected India's understanding and practice of secularism.
Secularism in India: A Question of Concept
The concept of secularism is often misunderstood, particularly when viewed against the backdrop of India's history. True secularism, as the term suggests, means lsquo;without religionrsquo;. However, the term is often used to imply lsquo;tolerant towards all religionsrsquo;. This semantic difference is crucial in understanding how the addition of lsquo;Secularrsquo; to the Preamble during the 42nd Amendment in 1976 has been perceived and utilized.
The Constitutional Framework
Articles 25-28 of the Indian Constitution establish a framework for religious freedom. Specifically:
Article 25: This article guarantees the freedom of conscience and the liberty to practice, propagate, and profess any religion of one's choice.
Article 26: It provides for the freedom to manage religious affairs, which includes the right to impose taxes on followers for religious purposes.
Article 27: This article ensures that no one can be compelled to pay taxes for the promotion or maintenance of any particular religion.
Article 28: It allows students to be exempt from attending religious instruction or worship in educational institutions.
The 42nd Amendment: A Controversial Move
During the state of emergency, Indira Gandhi's decision to amend the Preamble by adding the words lsquo;Socialistrsquo; and lsquo;Secularrsquo;, without the consent of the opposition, has been widely criticized. This amendment altered the Preamble in a way that declared societal and governmental objectives, rather than just serving as a declarative statement of principles.
People often question, ldquo;What is wrong if India is secular and socialistrdquo;? The core issue lies in the interpretation and application of these terms. The inclusion of these words in the Preamble transforms them from natural principles of the Constitution to defining characteristics, similar to how a person's character overpowers their nature.
Impact on Governance and Society
The 42nd Amendment has significantly influenced Indian governance and societal discourse. It has provided political parties a platform to practice lsquo;appeasement politicsrsquo; under the guise of secularism, often leading to policies that cater to specific religious communities rather than treating all equally.
For instance, Article 26, which allows the management of religious affairs, has seen abuse when state-controlled religious institutions like temples receive funds, contrary to the spirit of this article. Similarly, the use of taxpayers' money, such as the Hindu taxpayers funding Hajj subsidies, raises questions about transparency and the true intent of Article 27.
Conclusion
Dr. B.R. Ambedkar, the architect of the Indian Constitution, may not have agreed with the 42nd Amendment. The amendment has been a double-edged sword: while it has sought to unify the nation under the banner of secularism, it has also opened the door for exploitation and misinterpretation of the Constitution.
As India progresses, it's essential to revisit and scrutinize these constitutional changes to ensure they serve the best interests of the nation and its citizens. The impact of the 42nd Amendment on India's constitutional secularism continues to be a subject of debate and reflection.
Keywords: 42nd Amendment, constitutional secularism, India's constitution