Harish Salve Calls for Removal of ‘Secular’ and ‘Socialist’ from Constitution’s Preamble | EXCLUSIVE

In a conversation with Republic Editor-in-Chief Arnab Goswami , renowned constitutional law expert Harish Salve raised significant points about the Indian Constitution, judicial practices, and the preamble’s wording. The discussion, which took place ahead of the parliamentary debate on the Constitution, included Salve's views on judicial overreach, the appointment process for judges, and what he described as the “headline-grabbing tendency” of some members of the judiciary.

A key highlight of the interview was Salve’s argument for removing the words ‘secular’ and ‘socialist’ from the preamble. He contended that these terms, added during the Emergency in 1976, were unnecessary and deviated from the vision of the Constitution’s original framers.

“Why did you add the word secular and socialist when the great framers of the constitution, who devoted so much attention and who put in all the constitutional safeguards, didn't use these words?” Salve asked. He pointed out that influential figures like Dr. B. R. Ambedkar and B. N. Rau, who shaped the Constitution, were well-versed in English but chose not to include these terms.

Questioning the Relevance of 'Secular' and 'Socialist'

Salve argued that the Constitution already provides safeguards for all communities and that terms like ‘secular’ and ‘socialist’ are ambiguous, with varying interpretations. “Why do you want to use words which are of general use and which may have different shades of meaning to different people? Do you think Babasaheb Ambedkar wasn't familiar with the word ‘secular’?” he said.

He also criticized the inclusion of ‘socialist’ in the preamble, noting its potential conflict with the Constitution’s core principles of equality, freedom, and justice. “Socialist? What do you mean by socialist republic? Today, certain republics in Europe are far more left of center than a country like India is. But they don't call themselves socialist republics,” Salve remarked.

According to Salve, socialism as a concept often places certain values above individual rights, which does not align well with the fundamental rights enshrined in Articles 14, 19, and 21—the "golden triangle" of the Constitution.

A Call for Re-Evaluation

Salve suggested that labeling India as a ‘socialist republic’ limits ideological flexibility. “According to me, India is already a little too socialist. We should be more right of center. According to you, India may be too right of center, we should be more left of center. Tomorrow, you might put in the preamble that India shall be centrist and not rightist or leftist economy. Will it make any sense?” he asked.

Salve’s comments add to an ongoing debate about the relevance of changes made to the Constitution during the Emergency era and their impact on India’s governance framework.