Attempt to remove ‘secularism’ from Constitution would be mischief, says former SC judge KM Joseph

"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," Justice KM Joseph said.

Former Supreme Court judge Justice KM Joseph said that any attempt to drop the word secularism from the Preamble would be “intended to create mischief,” LiveLaw reported.

"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 has been quoted as saying.

Speaking at the Government Law College, Ernakulam, as part of a lecture series on “Clamour for removal of Secularism and Socialism: Whether Justified”, Justice Joseph said that even without the word, India remains a secular country under the Constitution.

“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 per cent of the population, is the most tolerant religion… If, of late, we are seeing a different phase, the problem lies at the doorstep of the politicians,” he said.

He noted that many Supreme Court cases under the Representation of People Act have dealt with speeches where religion was used to seek power.

According to LiveLaw, on socialism, Justice Joseph observed that while India has shifted away from a purely socialistic governance model, income inequality has deepened.

Citing figures, he said that 1% of Indians control 45% of national wealth, while about 3.44 crore people live in extreme poverty, earning under $2 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,” he remarked.

He pointed out that the concept of socialism remains embedded in the Directive Principles of State Policy. “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.

However, he clarified that the Constitution’s socialist path should not be mistaken for a Communist model, since Article 19 guarantees the right to pursue any vocation.

“If there is an idea to remove the word socialist, it will be at the risk of diluting the goals… enshrined in Part 4 of the Constitution,” Justice Joseph said.

The lecture was delivered by former Supreme Court judge Justice Jasti Chelameshwar, with Justice Joseph presiding over the session.