Understanding the Addition of ‘Secular’ to the Indian Preamble

The Preamble to the Constitution of India is a brief introductory statement setting out guidelines for the people of India and presenting the principles of the Constitution. It declares India to be a sovereign, socialist, secular, democratic republic. However, not all these words were originally present in the Preamble when the Constitution was adopted.

Key Constitutional Amendment: The 42nd Amendment Act

A significant change was brought to the Preamble through a major amendment to the Constitution. The question specifically asks about the insertion of the word ‘Secular’. This key change, along with the addition of two other words, occurred through the 42nd Constitutional Amendment Act.

The 42nd Constitutional Amendment Act is one of the most comprehensive amendments to the Constitution of India. It was enacted during the Emergency period. This amendment made several changes across various parts of the Constitution.

Words Added to the Preamble by 42nd Amendment

The 42nd Amendment Act, 1976, added three new words to the Preamble:

• Socialist
• Secular
• Integrity

The Preamble originally read: "We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC..." After the 42nd Amendment, it reads: "We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC..." And the phrase "unity of the Nation" was changed to "unity and integrity of the Nation".

Determining the Year of the 42nd Amendment

The question asks for the year the 42nd Constitutional Amendment Act was passed, through which the word ‘Secular’ was inserted into the Preamble. The 42nd Constitutional Amendment Act received presidential assent and came into effect in the year 1976.

Step-by-step Analysis

1. Identify the word in question: ‘Secular’.
2. Identify where it was inserted: The Preamble of the Constitution of India.
3. Identify the amendment responsible: The 42nd Constitutional Amendment Act.
4. Recall or determine the year this specific amendment was enacted.
5. The 42nd Constitutional Amendment Act became law in 1976.

Therefore, the word ‘Secular’ was inserted into the Preamble through the 42nd Constitutional Amendment Act of 1976.

Revision Table: Important Constitutional Amendments

Additional Information: The Concept of Secularism in India

The addition of the word ‘Secular’ to the Preamble in 1976 formally reinforced the principle that was already implicit in various provisions of the Constitution. Indian secularism is often described as 'positive' secularism, meaning it involves equal respect and treatment for all religions by the state, rather than strict separation of state and religion (as in the Western concept).

• Article 25-28 of the Constitution guarantee the right to freedom of religion.
• The state does not identify with or favour any particular religion.
• All religions are considered equal before the state.

The Supreme Court of India has held that secularism is part of the Basic Structure of the Constitution, meaning it cannot be altered or destroyed by Parliament through an amendment. This was affirmed in cases like the Kesavananda Bharati case (1973) (where the Basic Structure doctrine was first pronounced) and later reinforced with respect to secularism in cases like the S.R. Bommai case (1994).