Secularism in the Indian Constitution: The Role of the Forty-Second Amendment

Constitutional law By 0

The insertion of the word “Secular” into the Preamble of the Indian Constitution through the Forty-Second Constitutional Amendment Act, 1976 remains one of the most debated developments in Indian constitutional history. Introduced during the period of Internal Emergency, the amendment has often been questioned for its political context and legitimacy. This article examines whether the introduction of “Secular” represented a fundamental shift in constitutional philosophy or merely a formal recognition of an already existing constitutional principle. By analysing the historical background of the amendment, the constitutional status of the Preamble, and landmark Supreme Court judgments, the article argues that secularism was always implicit in the Indian Constitution and was later made explicit through the amendment. It concludes that the Forty-Second Amendment did not create secularism but reaffirmed it as an integral part of India’s constitutional identity.