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Question

The word ‘socialist’ was inserted into the Preamble to the Constitution of India through which one of the following Amendment Acts?

This question was previously asked in
NDA I 2018 GAT Previous Year Paper (22-Apr-2018)
The correct answer is

42 nd Amendment Act

Understanding the Preamble of the Indian Constitution and Amendments

The Preamble serves as an introduction to the Constitution of India, outlining its objectives, philosophy, and basic structure. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and aims to secure justice, liberty, equality, and fraternity for all its citizens.

While the core ideas of socialism and secularism were implicitly present in the original Constitution, the words 'Socialist', 'Secular', and 'Integrity' were not explicitly in the Preamble initially. These words were added through a significant amendment.

The 42nd Constitutional Amendment Act, 1976

The 42nd Amendment Act of 1976, passed during the Emergency period, is one of the most comprehensive amendments to the Indian Constitution. It made numerous changes across various parts of the Constitution, including the Preamble. This amendment is often referred to as the 'Mini Constitution' due to its extensive nature.

Specifically, the 42nd Amendment Act amended the Preamble to insert three new words:

  • Socialist
  • Secular
  • Integrity

The addition of the term 'Socialist' aimed to explicitly state the Constitution's commitment to achieving social and economic equality. This involves promoting social welfare, reducing income disparities, and ensuring a more equitable distribution of wealth.

Analysing the Options for the Socialist Word Insertion

Let's examine the provided options to determine which Amendment Act inserted the word ‘socialist’ into the Preamble:

  1. 41st Amendment Act: The 41st Amendment Act, 1976, dealt with the age of retirement of members of State Public Service Commissions and Joint Public Service Commissions. It did not make any changes to the Preamble.
  2. 42nd Amendment Act: As discussed, the 42nd Amendment Act, 1976, is famously known for inserting the words ‘Socialist’, ‘Secular’, and ‘Integrity’ into the Preamble.
  3. 43rd Amendment Act: The 43rd Amendment Act, 1977, repealed certain provisions of the 42nd Amendment Act, particularly those related to restricting the power of judicial review. It did not affect the Preamble.
  4. 44th Amendment Act: The 44th Amendment Act, 1978, enacted by the Janata Party government, further reversed some provisions of the 42nd Amendment. Notably, it replaced the right to property from a fundamental right to a legal right (Article 300A) and also restored the original term of the Lok Sabha and state legislative assemblies (5 years). It did not alter the words added to the Preamble by the 42nd Amendment.

Based on this analysis, the 42nd Amendment Act is the correct one responsible for inserting the word ‘socialist’ into the Preamble of the Constitution of India.

Revision Table: Key Amendments and the Preamble

Amendment Act Year Key Change related to Preamble (if any)
41st Amendment 1976 No change to Preamble
42nd Amendment 1976 Inserted 'Socialist', 'Secular', 'Integrity' into Preamble
43rd Amendment 1977 No change to Preamble (repealed other parts of 42nd)
44th Amendment 1978 No change to Preamble (reversed other parts of 42nd, right to property change)

Additional Information: Significance of the Preamble and the 42nd Amendment

The Preamble is considered the soul of the Constitution. It embodies the fundamental values and philosophy upon which the Constitution is based. Although not enforceable by courts, it provides a key to understanding the intentions of the framers.

The 42nd Amendment Act was a landmark amendment that significantly altered the constitutional landscape of India. Besides the Preamble changes, it added Fundamental Duties (Part IV-A), curtailed the power of judicial review and writ jurisdiction of the High Courts, made constitutional amendments non-justiciable, and gave more power to the Central government, among other changes. Many of its provisions were later modified or repealed by the 43rd and 44th Amendments.

The addition of 'Socialist' and 'Secular' aimed to give clearer direction to state policies, reflecting India's commitment to a welfare state and equal respect for all religions.

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