If Somebody Attempts To Remove Secularism From Constitution, It's Intended To Create Mischief : Justice KM Joseph

If anybody is attempting to remove the word Secularism from the Preamble to the Constitution, it would be a mischief, said former Supreme Court judge Justice KM Joseph. He further stated that India is a secular country under the Constitution even otherwise.

Speaking at the Government Law College, Ernakulam, as part of a lecture series, Justice Joseph stated that the problems arise not from religions but from the practice of politicians using religion to gain power.

"The real problem is that politicians make use of religion. Religion per se does not really create any problem. In fact, the Hindu religion, which is practised and professed by 81 odd cent of the population, is the most tolerant religion, that is accepted in the world. If, of late, we are seeing a different phase, the problem lies at the doorstep of the politicians who are making use of it. Much of the case law from the Supreme Court has raised under Representation of People Act where speeches are made by politicians, and religion is used for the purpose of actually gaining power. This is where the problem lies," Justice Joseph said.

"My view is that if somebody tries to remove secularism, it is intended to create mischief because India is a secular country under the Constitution otherwise," he added.

The topic of the lecture was "Clamour for removal of Secularism and Socialism : Whether Justified". While Justice J Chelameswar, former Supreme Court Judge, delivered the lecture, Justice Joseph delivered the presidential address.

Regarding socialism, Justice Joseph said that the word has many definitions, and the most commonly understood meaning is the state ownership of the means of production.

Although India has moved away from the socialistic theory of governance, income inequality has arisen. Justice Joseph pointed out that today, 1% of the Indian population controls 45% of the wealth of the nation. The inequality has grown despite the injunction under Article 38 that the state must strive to minimise inequality.

He also pointed out that while India has 200 billionaires, the third largest number in the world, about 3.44 crores are living in extreme poverty, which means they are earning less than two US dollars a day. Although we have a large GDP because of our population, when it comes to per capita distribution, we are far behind many other countries.

Justice Joseph said that the concept of socialism assumed importance in this context. "Even if you were to delete the term from the Constitution, as long as we continue to have the chapter on Directive Principles, no state or centre can actually wander away from the socialist path," he said.

At the same time, Justice Joseph said that the socialist path must not be confused with the Communist model. The Constitution does not have a Communist model as Article 19 gives everyone the fundamental right to pursue a vocation.  

"If there is an idea to remove the word socialist, it will be at the risk of diluting the goals which were actually and enshrined in part 4 of the Constitution," Justice Joseph said.

The video of the lecture can be watched here.

Related reports - Govt Has No Current Plan To Remove 'Socialist' & 'Secular' From Constitution's Preamble : Union Law Minister

Preamble's Original Tenets Reflect Secular Ethos; Secularism Part Of Constitution's Basic Structure : Supreme Court