The secular and socialist question

The recent judgment by the Supreme Court of India in Dr Balram Singh and Others v. Union of India 2024 INSC 893 reignited a contentious debate surrounding the terms “secular” and “socialist” in the Preamble of the Constitution of India.

The petitioners had sought the removal of these words, claiming that their inclusion through the 42nd Amendment in 1976 was a deviation from the original intent of the framers of the Constitution.

This request was ultimately dismissed by the Court, which upheld the amendment as a valid exercise of parliamentary power under Article 368.

The Court further emphasised that the principles of secularism and socialism are deeply embedded in the basic structure of the Constitution, rendering their removal untenable.

This legal challenge raises significant concerns about the broader implications of tampering with foundational values.

A reflection on Goa’s experience under Portuguese colonial rule provides a stark warning.

During the Estado Novo regime, the absence of secularism and socialism as guiding principles created a society rife with inequality, religious discrimination, and economic exploitation.

By analysing the colonial suppression of these ideals, and their critical role in modern Goa, a grim picture emerges of what could transpire if the Supreme Court had permitted the requested changes.

Row over secularism

and socialism

The inclusion of “secular” and “socialist” in the Indian Constitution’s Preamble through the 42nd Amendment formalised principles that were already reflected in its broader framework. Secularism, as understood in India, guarantees equal treatment of all religions by the state, rejecting the favoring of any particular faith.

Socialism signifies the commitment to social and economic justice, ensuring the equitable distribution of resources and opportunities.

The petitioners argued that these terms were not part of the Constitution’s original vision and that their inclusion altered its foundational ethos.

However, this contention was dismissed on the grounds that the Constitution is a living document, capable of evolving in response to contemporary realities.

The judgment affirmed that secularism and socialism remain intrinsic to India’s identity, safeguarding its diverse and pluralistic society.

Portuguese colonial

rule in Goa

Goa’s colonial history under Portuguese rule provides a compelling counterpoint to the values upheld by the Indian Constitution.

The Estado Novo regime (1933–1974), led by António de Oliveira Salazar, systematically suppressed secularism and socialism, instead promoting a corporatist, authoritarian model intertwined with Catholic orthodoxy.

Under Portuguese governance, Catholicism was not only the favored religion but also a tool of state policy.

The early years of colonial rule were marked by religious intolerance, exemplified by the establishment of the Inquisition in Goa (1560–1812). Hindu temples were destroyed, non-Catholic religious practices were banned, and conversions to Christianity were often encouraged if not coerced.

Although later reforms allowed limited religious tolerance, Catholicism continued to dominate public life and governance during the Estado Novo era. The absence of secularism fostered systemic inequalities. Non-Catholic communities faced social and economic marginalisation, with limited access to education and government positions.  Religious favoritism disrupted the social fabric, creating divisions that persisted long after colonial rule ended.

Economic policies under Portuguese rule reflected a lack of concern for social equity. Wealth and resources were concentrated in the hands of the colonial elite, while the Goan populace endured exploitation and poverty.

Social welfare and labour rights were neglected, with little effort to address disparities in land ownership or income. Attempts to organise workers or advocate for equitable policies were met with repression.

Socialism, perceived as a threat to the colonial order, was actively suppressed. This economic neglect left lasting scars, with many Goans migrating in search of better opportunities.

Risks of removing

secularism & socialism

If the Supreme Court had allowed the removal of “secular” and “socialist” from the Preamble, the consequences for Goa’s social fabric could have been profound. These principles, enshrined in the Indian Constitution, have played a vital role in healing the divisions created during Portuguese rule.

Secularism ensures that no religion is favored, fostering an environment of mutual respect and coexistence. In Goa, where Hindus, Christians, and Muslims live in harmony, this principle is indispensable.

The removal of “secular” from the Constitution could embolden majoritarian tendencies, undermining the religious pluralism that defines Goan society. This could lead to communal tensions, eroding the peaceful coexistence nurtured over decades.

Socialism’s emphasis on social and economic justice has guided policies aimed at reducing inequality. Goa, with its history of economic disparities under colonial rule, has benefited from these efforts. The elimination of “socialist” from the Constitution could weaken the state’s commitment to equitable development, exacerbating existing disparities.

Vulnerable groups, including rural communities and marginalized populations, would bear the brunt of this shift.

Erosion of Goa’s

identity

The identity of Goa as a culturally rich, pluralistic society is a legacy of its unique history. The principles of secularism and socialism have helped preserve this identity, ensuring that the state’s development respects its diversity. Removing these values from the Indian Constitution would risk undermining this delicate balance, allowing divisive and exploitative tendencies to resurface.

The Supreme Court’s dismissal of the petition to remove “secular” and “socialist” reaffirms these values, thus highlighting their importance in maintaining India’s unity and pluralism. For Goa, this decision safeguards the social harmony and equitable development that have defined its post-colonial progress.

The principles of ‘secularism’ and ‘socialism’ are not mere additions to the Indian Constitution but essential pillars of its vision for a just and inclusive society. Goa’s colonial past serves as a stark reminder of the consequences of abandoning these ideals.

By rejecting the petition to alter the Preamble, the Supreme Court of India has reinforced the nation’s commitment to these values, ensuring that Goa and India as a whole continue to thrive as diverse and equitable societies.