Comment on "Secularism in the Indian Constitution" (UPSC CSE Mains 2015- Political Science and International Relations, Paper 1)
Secularism is an ideology that emphasizes the separation of religion and the state and the neutrality of the government with respect to religious beliefs..
- It has broadly two meanings:
- Separation of religion from the state i.e. Dharm Nirpekshta.
- Equal respect to all religions by state i.e. Sarva Dharma Samabhava.
- The Indian constitution aims for a secular state where all religions are treated equally
Constitutional provisions pertaining to Secularism in India
At the outset of the making of the Constitution, the concept of secularism was not expressly mentioned in the Indian Constitution. However, the Indian Constitution has spelled out several provisions in Part III(Fundamental Rights), Part IV(Directive Principles of State Policy), and Part IVA(Fundamental Duties) that reflect the existence of secularism.
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Article 14
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- It provides equality before the law and equal protection of laws to all.
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Article 16 (1)
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- It guarantees equality of opportunity to all citizens in matters of public employment and reiterates that there would be no discrimination on the basis of religion, race, caste, sex, descent, place of birth, and residence.
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Article 25
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- It provides ‘Freedom of Conscience’, that is, all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.
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Article 26
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- Every religious group or individual has the right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion.
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Article 27
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- It provides that the state shall not compel any citizen to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
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Article 28
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- It allows educational institutions maintained by different religious groups to impart religious instruction.
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Articles 29 and 30
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- They provide cultural and educational rights to minorities.
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Article 51A Fundamental Duties
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- It obliges all the citizens to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of our composite culture.
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42nd Constitutional Amendment Act, 1976
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- The word secular was inserted in the Preamble. It stated that ''secular'' means a republic in which there is equal respect for all religions.
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Apart from the Constitution, Judiciary has also helped shape Secularism in India.
- Kesavananda Bharati v. State of Kerala (1973): The Supreme Court held that secularism was a part of the basic structure of the Constitution.
- Bommai v Union of India (1994): The Supreme Court elaborated on the meaning of secularism. The Court said that secularism means equal treatment of all religions.
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