Removing word 'secular' from preamble of Constitution does not alter secular character of Constitution: Justice KM Joseph

In a compelling lecture to the Kerala High Court Advocates' Association (KHCAA), former Supreme Court Justice KM Joseph clarified the ongoing discourse on the secular nature of the Indian Constitution. He underscored that the constitutional commitment to secularism is unwavering, even without the explicit term "secular" in its preamble. Justice Joseph's insights came as a part of a continuing legal education program hosted by KHCAA, aimed at enriching legal practitioners' understanding of constitutional principles.

Context of the Preamble’s Secular Reference

Justice Joseph highlighted that the Constitution's essence of secularism is deeply embedded through its articles, notably Articles 14, 15, 16, and 21. These provisions, which advocate for equality before the law, the prohibition of discrimination, equality of opportunity, and the right to life, fortify the secular framework of the nation. He asserted, “The equality granted under these Articles does not waver with the presence or absence of the word 'secular' in the preamble.”

Dispelling the notion that the term "secularism" needs to be explicitly mentioned to validate the Constitution's secular character, Justice Joseph remarked, “You cannot eliminate secularism just by dipping your hand in the preamble and kicking that one word out.” He reinforced that the Supreme Court has recognized secularism as a basic feature of the Constitution, an attribute that remains unaffected by textual changes in the preamble.

Justice Joseph delved into the historical context, noting that the drafting committee's decision not to initially include "secularism" explicitly was not indicative of an oversight but a reflection of the inherent secular ethos. He pointed out that the discussions on the preamble took place after the inclusion of Article 25, which guarantees freedom of religion, further affirming the secular underpinnings of the Constitution.

The lecture also covered the significance of Articles 25 to 28, which pertain to religious freedoms, emphasizing how these provisions uphold the secular fabric of the Constitution. Justice Joseph's analysis not only shed light on the intrinsic secular values of the Indian legal framework but also aimed to quell misconceptions regarding the impact of textual modifications on the Constitution's fundamental principles.

Justice Joseph's thorough exposition of secularism in the Indian Constitution provided legal professionals with invaluable insights, underscoring the enduring nature of secular principles as foundational to the country's constitutional ethos. His lecture, a testament to the significance of understanding and interpreting the Constitution beyond mere semantics, was pivotal to the legal community's discourse on constitutional secularism.