INTRODUCTION

Socialism is a range of economic and social systems characterized by social ownership of

the means of production and workers' self-management as well as the political theories and
movements associated with them. Social ownership can
be public, collective or cooperative ownership, or citizen ownership of equity. There are
many varieties of socialism and there is no single definition encapsulating all of them, with
social ownership being the common element shared by its various forms. 1 Because of the
collective nature of socialism, it is to be contrasted to the doctrine of the sanctity of private
property that characterizes capitalism. Where capitalism stresses competition and profit,
socialism calls for cooperation and social service.

“Socialism” is difficult to define. It has meant different things to different people and is
hardly left with any one definite connotation. Oxford dictionary defines socialism as “a
political and economic theory of social organization which advocates that the means of
production, distribution, and exchange should be owned or regulated by the community as
a whole.”2

The word socialist was added to the Preamble of the Indian Constitution by the 42nd
Amendment Act of 1976. It implies social and economic equality. Social equality in this
context means the absence of discrimination on the grounds of caste, color, creed, sex,
religion, language, etc. Under social equality, everyone has equal status and opportunities.

Economic equality in this context means that the government will endeavor to make the
distribution of wealth more equal and provide a decent standard of living for all. This is in
effect emphasizing a commitment towards the formation of a Welfare-state.

India has adopted a mixed economy and the government has framed many laws to achieve
the aim of social equality, such as the Abolition of Untouchability and Zamindari, the Equal
Wages Act and the Child Labor Prohibition Act.

“Socialism” itself is not a rule; it is a character which is established by many of the provision
of the constitution in form of fundamental rights and directive principle of state policy.

In various judicial proceedings, the judiciary had tried to interpret the meaning of the
“socialism” and concept of “socialism” as in Indian Constitution. It is now established fact
that in India only the purpose of “socialism” has been adopted and not the meaning. The
situation is unlike the situation in China and Russia, where the real meaning of socialism has
been adopted.

1
https://en.wikipedia.org/wiki/Socialism
2
https://www.lexico.com/en/definition/socialism

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 PRINCIPLES OF SOCIALISM3
True socialists advocate a completely classless society, where the government controls all
means of production and distribution of goods. Socialists believe this control is necessary to
eliminate competition among the people and put everyone on a level playing field. Socialism
is also characterized by the absence of private property. The idea is that if everyone works,
everyone will reap the same benefits and prosper equally. Therefore, everyone receives
equal earnings, medical care and other necessities.

As we've learned, socialism is difficult to define because it has so many incarnations. One of
the things socialists agree on is that capitalism causes oppression of the lower class.
Socialists believe that due to the competitive nature of capitalism, the wealthy minority
maintains control of industry, effectively driving down wages and opportunity for the
working class. The main goal of socialism is to dispel class distinctions by turning over
control of industry to the state. This results in a harmonious society, free of oppression and
financial instability. Some of the other forms of socialism include these goals:
 Guild socialism: Based in early 19th-century England, workers' guilds (similar
to unions) was responsible for control and management of goods.
 Utopian socialism: Advocates social ownership of industry and a voluntary,
nonviolent surrender of property to the state. Implemented in communities like Robert
Owens' New Lanark.
 State socialism: State socialism allows major industries to be publicly owned and
operated.
 Christian socialism: Developed in England in 1948, this branch was born from the
conflict between competitive industry and Christian principles. Christian socialist societies
are characteristically led by religious leaders, rather than socialist groups.
 Anarchism: Opposes domination by the family, state, religious leaders and the
wealthy. Anarchism is completely opposed to any form of repression and has been
associated with some radical events, including assassinations in Italy, France and Greece.
U.S. President William McKinley was assassinated by an anarchist.
 Market Socialism: Often referred to as a compromise between socialism and
capitalism.
this type of society, the government still owns many of the resources, but market forces
determine production and demand. Government workers are also enticed with incentives to
increase efficiency.
 Agrarianism: Form of socialism that features the equitable redistribution of land
among the peasants and self-government similar to that in communal living. Agrarian ideals
were unpopular in the rural United States well into the 1900s, although increasing
government control deterred their growth.

3
https://en.wikipedia.org/wiki/Socialism

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 PREAMBLE AND SOCIALISM
42nd Constitutional Amendment has inserted three new words in the preamble: Secularism,
socialism and integrity. Socialism is implicit in the Preamble and the Directive Principles of
the Indian Constitution. The Directive Principles, particularly Art, 39 (b) & (c) of the
Constitution are Charters of social and economic liberties of the people. The word socialism
has, however, no definite democratic and communistic. Generally, the term implies a
system of government in which the means of production is wholly or partially controlled by
the State. In India socialism is, however democratic socialism and not a communistic
socialism. For this purpose, the Preamble has combined both the words, Socialism and
Democracy in the Preamble.

PRINCIPLE OF SOCIALISM AS APPLIED IN INDIA

The principle of socialism was adopted in India with a view to the establishment of a
socialistic pattern of society as one of the objects of legislations.4

One of the important aspect of reading the word ‘socialist’ in the preamble with the
fundamental rights contained in articles 14 &16, the supreme court has deduced the
fundamental right to equal pay for equal work and compassionate appointment.5 The word
‘socialist’ used in the preamble can be achieved from the goals that articles 14, 15, 16, 17,
21, 23, 38, 39, 46 and all other cognate articles seek to reduce inequalities in income and
status and to provide equality of opportunity and facilities’.6

Jawaharlal Nehru described democratic socialism as one, which will be based on political
liberty, equality and tolerance. Under democratic socialism we could maintain individual
freedom and initiative with centralized-social control and planning of the economic life of
the people. Hence, he wanted to follow a middle path. He evolved a system of mixed
economy as an alternative to both the rival systems, drawing the positive aspects of each
and rejecting their negative aspects. It would be a combination of free private enterprise
and state controlled economy. Nehru favored a positive role for the private sector, which
culled for effective State regulation and control. Large-scale industries, which needed huge
capital investment, would also be in the public sector. Nationalization was advocated to gain
state control over key industries.7 Indian policy of socialism may be explained in the words
of Pandit Nehru, “…..The basis of socialism is greater than wealth; there cannot be any
socialism of poverty.…. My idea of socialism is that every individual in the state should have
equal opportunity for progress”8

In India there has always been an emphasis on mixed economy, i.e. along with a public
sector, the private sector also has a role-play. The government accepts the policy of mixed

4
Dr. N.K. Chakrabarti, Principles of Legislation & Legislative drafting 2nd Edition, p. 107
5
, Prof. M.P Jain, “ Indian constitutional law”, 6th edition, lexis nexis, Nagpur, 2012,pp15
6
Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions” , D&D
Publications Pvt. Ltd., New Delhi, 2007, pp45
7
https://www.indianbarassociation.org/socialism-and-its-interpretation-by-the-indian-judiciary/
8
Dr. N.K. Chakrabarti, Principles of Legislation & Legislative drafting 2nd Edition, p. 107

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economy where both public and private sector both exist side by side. The Supreme Court in
a number of decisions referred to the concept of socialism.

According to the Supreme Court, the principal aim of socialism is to eliminate inequality of
income and standards of life and to provide decent standard of life to working people.
Democratic socialism aims to end poverty, inequality of income, disease and to provide a
decent standard of life to working people. Socialist concept of society should be
implemented in the true spirit of the constitution.

India steps much ahead toward a socialistic society with regards to Indian legislation. The
44th Constitution Amendment Act 1978 by inserting Cl. 2, Art. 38 have prepared “for
confiscatory taxation and for equalizing salaries and wages for different vocations and
different categories of work which would usher in a socialistic society” moreover the
obligation of the state to pay compensation to the private owner for acquisition of property
has been taken away by repealing Art. 31 by the 44th Constitution Amendment Act 1978.9

JUDICIAL INTERPRETATION OF “SOCIALISM”

Randhir Singh Vs. Union of India10

The preamble to the Constitution declares the solemn resolution of the people of India to
constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist'
must mean something.

Socialism means elimination of inequality in income and status and standard of living. Also,
after addition of the word ‘socialist” in the preamble , the court in their interpretation of the
constitution could expectedly lean more in favor of the nationalization of the state
ownership of private property, industry, etc, and the right to equal pay for equal work.11

Samatha Vs. State of A.P. and Ors.12

In the above case, Supreme Court has stated while defining socialism “Establishment of the
Egalitarian social Order through the rule of law is the basic structure of the constitution”.
The Court laid emphasis on social justice so as to attain substantial degree of social,
economic and political equality. The court, to bring about the distribution of material
resources of the country and to serve common good furthered the idea of distributive
justice.

Sanjeev Coke Manufacturing Company v.  Bharal Coking Coal Ltd13

It was held at that though the word 'socialist' was introduced in the Preamble by late
amendment of the Constitution, that socialism has always been the goal is evident from the
Directive Principles of the State policy. The amendment was only to emphasize the urgency.
Ownership, control and distribution of national productive wealth for the benefit and. use of
9
Dr. N.K. Chakrabarti, Principles of Legislation & Legislative drafting 2nd Edition, p. 108
10
AIR 1982 879
11
Minerva mills V. union of India AIR 1980 SC 1789
12
AIR 1997 SC 3297
13
1983 1 SCR 1000

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the community and the rejection of a system of misuse of its resources for selfish ends is
what socialism is about and the words and thought of Article 39(b) but echo the familiar
language and philosophy of socialism as expounded generally by all socialist writers. 
Socialism is, first of all, a protest against the material and cultural poverty inflicted by
capitalism on the mass of the people. Nationalization of coal mine for distribution was
upheld as a step towards socialism.

CONCLUSION
Socialism is, perhaps, the most significant and emotion charged concept in international
politics today. India’s socialism is, however a democratic socialism and not a communistic
socialism. For this purpose, the Preamble has combined the words, socialism and
Democracy in the Preamble. This combination of the words; socialism and the democracy
have been criticized by many writers. It has been said that democracy and socialism cannot
co-exist. This criticism is, however, not justified in view of the gradual change of thinking of
the modern socialists their thinking is in line with the ides of welfare State which would
prevent only the excess of exploitation and free competition without destroying individual
initiative and without detriment to the political freedoms. It is thus, marriage of democracy
and socialism which has been embedded in the Indian Constitution.

Significant steps should be taken to implement all the laws which are amended to facilitate
detection, prevention and punishment of crimes against women, and exploitation of
children. Article 21 should be attracted to the cases of children employment in dangerous
employments, because there is anomaly in Article 24 and 23 which need to be amended.

Labor laws pertaining to children and women should be properly implemented and a time-
bound mechanism should be set up for the follow of action, otherwise all the provisions will
remain on the papers and there can be no proper social justice to this section of the society
which is suffering on account of sex and age.

A socialist economic system represents an attempt to eliminate such economic inequalities

and exploitation. The goals of socialist system include destroying the class system and
thereby ending the exploitation, oppression and alienation of workers, replacing greed and
the profit motive with concern for collective well-being. However, India is still much away
from fully achieving a socialistic pattern of society.

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 BIBLIOGRAPHY/REFERENCE

1. Dr. N.K. Chakrabarti, Principles of Legislation & Legislative drafting 2nd

Edition
2. Prof. M.P Jain, “ Indian constitutional law”, 6th edition, lexis nexis,
Nagpur, 2012
3. Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A
Insight.....Constitutions” , D&D Publications Pvt. Ltd., New Delhi, 2007
4. Randhir Singh Vs. Union of India AIR 1982 879
5. Minerva mills V. union of India AIR 1980 SC 1789
6. Samatha Vs. State of A.P. and Ors AIR 1997 SC 3297
7. Sanjeev Coke Manufacturing Company v.  Bharal Coking Coal Ltd 1983 1
SCR 1000
8. https://en.wikipedia.org/wiki/Socialism
9. https://www.lexico.com/en/definition/socialism

10. https://en.wikipedia.org/wiki/Socialism

11. https://www.indianbarassociation.org/socialism-and-its-interpretation-
by-the-indian-judiciary/

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