INDIA’S FOUNDING IDEALS IN CRISIS: REASSESSING SOVEREIGNTY, SOCIALISM, SECULARISM, AND DEMOCRACY IN THE 21ST CENTURY

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Introduction: India’s Founding vision in the face of a globalised and fragmented world 

The phrase "We, the people of India" appears at the beginning of the Indian Constitution's preamble. We shall never forget that sovereignty is found not just in the domains of the courts of law or palaces, but also in the hearts and minds of all of a country's citizens. In a free country, the common will is represented by the citizens in the process of law-making through elections and public deliberation. The Indian Supreme Court still uses the preamble as one of its key guidelines when interpreting the Constitution. 

This paper also adds that, even though the principles of sovereignty, socialism, secularism and republican democracy are still upheld by the constitution of India, their practical application within the current era demonstrates a systematic dilution, judicial balancing and partisan redefinition. 

Constitutional Sovereignty in the 21st century: Reassessing what it means to be Free 

Traditionally, sovereignty implies the absence of external oppression and national autonomy in making policy. But in the new praxis, it works under conditions determined by world economic forces, alliances and institutions. The 42nd Amendment also brought the issue of socialism and secularism to bring social welfare and equity to everyone.

However, in the 21^st century, sovereignty has grown more complex because of global ties, offering new prospects but at a cost. The 2008 Indo-U.S. Nuclear Deal showcasedshowcase the same; it embraced international safeguards for advanced technology, adapted domestic laws for cooperation, and achieved a balanced compromise without affecting sovereignty.

Likewise, sustained reliance on foreign defence entities, most notably the 2016 Rafale agreement with France, MQ-9B drones from the United States and the S-400 missile system from Russia, underscores the pressure the global arms market imposes on sovereign autonomy, despite their evident contributions to security imperatives.

India’s economic sovereignty is also challenged by the WTO standards on foreign investment in sectors such as telecommunications and e-commerce, influencing domestic policy choice. However, sovereignty is not only about going against the international pressures but also about responsibility. It extends beyond mere resistance to foreign pressures; it also entails responsibility, exemplified by Operation Ganga in 2022 and India’s G20 presidency in 2023, which demonstrate a harmonious blend of advancing national priorities and fostering global cooperation.

Socialism and the Inequality Paradox: Between Promise and Reality

The inclusion of ‘Socialist’ via the 42^nd constitutional amendment locked in the push for fair social and economic justice. Such principles are operationalised in Articles 38, 39, 41, 43, and 47 of the Directive Principles of State Policy, mandating reduced disparities, fostering general welfare, ensuring adequate means of livelihood, and shielding vulnerable populations. In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court smartly balances Fundamental Rights and Directive Principles of State Policy perfectly. DPSPs remained non-justiciable, though constitutionally significant.

India’s commitment towards socialism is an aspirational vision of economic parity and social justice. This vision is contained in the Preamble and further detailed in the Directive Principles of State Policy. However, even after numerous welfare programmes, poverty remains widespread, and the public distribution system has failed to reach the vulnerable section of the society.  

Education, once a public service, has increasingly turned into a commercial good. The Constitution promises free and compulsory education, yet increasing privatisation has pushed quality education out of reach. Judicial decisions like those in Unni Krishnan v. State of Andhra Pradesh have established education as a basic right, but the cost is still a major barrier for most families. Likewise, the tax system aimed at redistributive justice now appears to place an excessive burden on the middle class, whereas high-income groups and companies frequently avoid tax payments.

The Siege Within: Secularism and the Erosion Of Tolerance

Indian secularism is distinct from Western separation as it maintains “Principled Distance” by staying neutral on religion while guaranteeing citizens’ full religious freedom. The Indian judicial system is not religion-based on the scriptures, but modern statutes, such as the Hindu Marriage Act of 1955,which administers personal law independently of religious scriptures. 

Even as interfaith marriages are legally accepted, the negative reaction from society and 'love jihad' targeted laws indicate the gap between legal entitlements and social reality. The duty of the state goes beyond legal entitlements; it maintains that religious practices do not interfere with basic rights. The Sabarimala Temple case, for example, where the principle of gender equality stood above religious practices, indicates how secularism is a continually evolving balance between individual freedom, state impartiality, and social consensus.

The Republic and the Ruled: Democracy’s Unanswered Question 

The word "Republic" in the Preamble indicates that India's head of state is democratically elected, rejecting monarchical inheritance. This brings accountability to people, with sovereignty and equality as core foundations. Public offices such as the presidency are filled by elections rather than heredity, embodying republican leadership. 

However, India's republican framework offers democratic appearances but limited depth. Presidential polls, controlled by political elites instead of direct votes, produce a superficial republic that is exclusionary, favouring connections over competence. Unlike the U.S., the president of India is not directly elected but rather indirectly through an electoral college and has very little real authority, and the real power is held by the Prime Minister.

Even though India is a republic, the republican nature is not quite clear. Political power characterises the leadership, as in India, but the constitutional structure is anchored on the ideals of democracy.

Conclusion 

Amid globalization, India's foundational ideals of sovereignty, socialism, secularism, and republicanism remain vital yet debated. While the Constitution provides a resilient framework for freedom and justice, their contemporary application reflects constant negotiation between principle and practice. Upholding these values requires both institutional oversight and ongoing civic participation to keep constitutional commitments relevant for citizens.

Abhishek Gope is a BA LLB (Hons) Student at Chanakya National Law University, Patna