Indian Political Science Association

SECULARISM IN INDIAN POLITICS : THEORY AND PRACTICE

Author(s): R. Rajarajan
Source: The Indian Journal of Political Science, Vol. 68, No. 2 (APR. - JUN., 2007), pp. 403-
412
Published by: Indian Political Science Association
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The Indian Journal of Political Science
Vol. LXVIII, No. 2, Apr.-Jun., 2007

SECULARISM IN INDIAN POLITICS : THEORY AND PRACTICE

R. Rajarajan
India, in recent years, has been witnessing an escalation of religious revivalism,
fundamentalism and religio-communal identification. The rising tide of these fissiparous
forces threatens to engulf Indian social and political life. Against this backdrop, secularism
has come to the centre stage of social and political discourse in the country and various
critical issues pertaining to its interpretation, practice and application are being raised.
Secularism is thus one of the fundamental tenets of the Constitution, yet the declaration
of India as a secular State came only with the enactment of the 42nd Amendment to the
Constitution (1976). This paper deals with Secularism in Indian Politics: Theory and
Practice.

Introduction

Secularism is thus one of the fundamental tenets of the Constitution, yet the declaration
of India as a secular State came only with the enactment of the 42nd Amendment to the
Constitution (1976). -The Preamble now proclaims India as a secular State. The Constitution
establishes no State religion nor does it create any category of preferred citizens. Secularism is
reinforced through material provisions of the Constitution. Indeed, it is writ large in the entire
Constitution. Fundamental rights are guaranteed to every Indian citizen regardless of religion,
caste, creed, race or sex. Besides this, the Constitution expressly guarantees individual and
collective freedom of religion, which includes the freedom to profess, practice and propagate
religion and grants religious denominations the freedom to establish and maintain institutions for
religious and charitable purposes along with the freedom to manage their own affairs in matters
of religion. No special taxes can be levied for promotion of any particular religion. Imparting of
religious instruction in State-run educational institutions is prohibited and no person can be
compelled to attend religious instruction or religious worship in educational institutions receiving
State aid. However, keeping in view the essential quintessence of Indian society, imbued in
superstition, obscurantism and myths and the all pervasive role of religion, it was generally
recognized that the State had to intervene in religion in order to remove the repugnant socio-
religious practices inimical to democracy and modernization. Hence while freedom of religion is
guaranteed, it is subject to certain limitations in the interest of public order, morality and health1.

The ideology and practice of secularism in actual fact, however, is confronted with multi
faceted and multi-dimensional challenges. Atone level, critics assert that secularism as adopted
and interpreted in the Indian context is itself to blame for the crisis in which it finds itself. Majority

communalists attack secularism in order to create a Hindu vote bank by arousing anti-minority
sentiments. Interestingly, the BJPA/HP/RSS ideologues do not, in so many words, reject
secularism as such, but advocate what they choose to call 'positive secularism'. Branding
Indian secularism as 'pseudo-secularism', they equate it with appeasement of minorities,
particularly Muslims. Minorities criticize secularism on the grounds that it has failed to protect

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The Indian Journal of Political Science 404

their interests, as well as lives and property, pa

time they espouse secularism not for its intrins
interests, perpetuate their personal laws and mi

At another level, secularism is challeng

communalism, fundamentalism and religious r
riots continue unabated. Meerut, Bombay, Bh
most recently Gujarat, are just a few cases i
violent secessionist movements in Punjab and
symbols and terminology in politics3.

The aggressive resurgence of majority comm

to secularism in India. The Hindu fundamentalist
State, reveal an explicit anti-minority bias, ex
appeasement, separate personal laws, Art. 370
etc. This leads to fears of establishment of a
communalism, too, has become more assertive
over the Shah Bano judgment and the vehement
in the wake of the Supreme Court judgment in
emphasised by the protagonists of both major
religio-communal ones. Issues of socio-econo
fundamentalism, revivalism and violence4.

Communalism and communal politics constitu

The problem is, however, further enhanced by
each community, which leads to the problem of
persistent and recurrent phenomenon, has b
years.

The resurgence of non-secular forces is accom

electoral gains by the political parties. The elect
of communal and chauvinistic forces. Issues li
are given prominence for electoral gains and are
the political process is accompanied by the emer
Ram bhakts". Who are attempting to historical w
Increasingly, political roles are being appropr
jathedars, who attempt to direct the nation's fu
they call the 'anti-Hindu Constitution', marking
directions to voters as to how to vote.

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Secularism in Indian Politics : Theory and Practice 405
The State, too, has fallen prey to the pressure and lobbying of commun
groups, as illustrated by the enactment of the Muslim Women's (Protection
Act, 1 986, banning of 'Satanic Verses', and opening of the locks on the Bab
Governments, it is felt, have played the ethnic/communal card under the-c
order to promdte their own sectional interests6. The Government has f
policies in dealing with communalists and communalism. Political conve
guiding principle in following a vacillating policy, reflecting an inability to d

Concept Definition

The term 'secularism' originally non-Indian, is now part of the every d

Indian politics and society. The term 'secular state' is commonly used in
describe the relationship that exists, or which ought to exists, between the

Secularism defines itself in relation to religion; and always, every wher

are understood to be conceptually separate, cultures and religions remain
This is even more so in cases where the very distinction between religion an
draw. One of the most striking developments in Independent India is the su
of an avowedly secular state encompassing the bulk of the world's Hindu

The ideal of secularism holds great importance for the plural society of
Secularism, accordingly, was accepted as the mainstay of the Constitution,
defined. An analysis of the debates of the Constituent Assembly, however,
the Western concept of secularism, that is, absolute separation of Sta
acceptance of the Indian concept of 'Sarva Dharma Samabhava' or 'equal rega

Use of The Term In The Constitution

Till 42nd Amendment to the Constitution, neither in the preamble, nor i

Constitution, there was any direct reference to the term 'Secularism' to det
of the Indian State. Moreover, a number of efforts to secure the inclusion of
the fundamental law of the land did not find favour with the framers of th

K.T. Shah, a member of the Constituent Assembly, urged in the Assem

provision concerning rights relating to religion was under discussion in
another attempt for a new article to be inserted. 'The State in India being s
concern with any religion, creed or profession of faith; and shall observe a
neutrality in all matters relating-to the religion of any class of its citizens o
Union. This motion was also negative without any discussion in the Assemb

The word 'secularism' was introduced in the Constitution for the first t

of the Republic. It was- added only in the Preamble at the time of 42n

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The Indian Journal of Political Science 406

Constitution. But till today it is a controversy w

not. In Berubari case the Supreme Court held that
reversed its judgment in Kesvananda Bharti's cas
Constitution12.

Another effort was made during the Janata reg

the inclusion of the term in Art. 366 along with t

Since at that time Congress Party was in the 2/3
in the Lok Sabha, this amendment could be cl
compromise formula. The casualty of this compr
proposed text of the amendment of the Constitu

The word 'secular1 is not written in the Constit

fathers of the Constitution had any doubt about t

we go through the debates of the Constituent
would be a secular state'. Lokanath Misra asse
chosen that our state is a secular state and we
religion." K.M. Munshi, also remarked in this con
creating under this Constitution, there is a secul

No State Religion In India

In India even though the Hindus form the vast

given any special place in the society. All religion

There is no state religion in India. Moreover,
previous to that also, there was an Ecclesiast
under the control of the Governor-General. No su

exists, nor such a department can be created und

The Constitution of India under Art. 25 un

and free profession, practice and propagation of
and meaningful. Apart from so many other thin
cannot aid one religion or give preference to o
obliged to be absolutely secular in character." It
receive state patronage15.

When the provision was under discussion i

school of opinion in favour of India being made
to be an Islamic State. Lokanath Misra asserted
must accept Hinduism as it is practiced by an ov

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Secularism in Indian Politics : Theory and Practice 407
the makers of the Constitution rejected this idea. The constitution provides
'freedom of conscience and the right to profess, practice and propagate
discrimination.

Individual's Freedom of Religion

The necessary corollary to the absence of any state religion is the freed
all. It is generally considered and accepted as one of the essential ingredient
As stated already, Art. 25 declares 'freedom of religion'. It guarantees freed
citizens of India but, also to all persons including aliens. It deals with partic
aspect of religious liberty, which 'consists of his freedom to choose a partic
believe in and to manifest his belief in such overt acts as are prescribed by h
is further supplemented by the freedom to practice and propagate religion1

Though there was general agreement in the Constituent Assembly

conscience and on the clause "To profess and practice" yet there was so
inclusion of the word 'propagate'. Particularly, the Hindu members in t
disagreed with the view that the propagation of religion should be consider
of religious freedom. But the overwhelming majority of members did not a
While explaining the word 'propagate,' K.M. Munshi remarked in the As
word were not there, he assured, under the Freedom of speech which the Con

it will be open to any religious community to persuade other people to join

Furthermore, most of the constitutions of the world that provide freedom

explicitly guarantee right to propagate religion as a justifiable fundamental

Constitution of the Swiss Confederation simply declares under Art. 49, "Fre
conscience is inviolable." The Constitution of U.S.S.R. under Art. 124 pr
ensure to citizens freedom of conscience, the church in the U.S.S.R. is
state, and the school from the church. Freedom of religious worship and free

propaganda is recognised for all citizens17. Further, the Constitution of the

China says in Art. 36, "Citizens of the People's Republic of China enjoy
belief." And the Constitution of Japan under Art. 20 reads: "Freedom of re
all."

The individual right of freedom of religion as amplified in Indian Constitution is of far greater

importance, particularly for the religious minorities for their smooth development, it is further in
consonance with the provisions of United Nations Declaration of Human Rights, which say:
"Everyone has the right to freedom of thought, conscience and religion: this right includes freedom

to change his religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice, worship and observance."

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The Indian Journal of Political Science 408

While the right guaranteed in the Indian constitu

Constitution conferred this right to the commu
provides freedom to manage religious affairs, "Su
religious denomination or any section thereof sh
institutions for religious and charitable purpo
religion; (c) to own and acquire movable and i
property in accordance with law."

The different sects and sub-sects of the same

purview of this article. The word religion is not
Court of India has from time to time defined th
rituals and observances, ceremonies and mod
religion" and each religious denomination enjoys
what rites and ceremonies are essential accord
the Scope of the freedom of religion in India is

Limitations on The Right To Freedom of Re

It is a matter of controversy whether the right

25 and 26 is absolute or subject to certain lim
concerned both the provisions are subject to 'pu
there are two more exceptions. First, this freedo
the Constitution and secondly, under clause 2(3):

of any existing law or prevent the State from m

economic, financial, political or other secular
practice; (b) providing for social welfare and ref
institutions of a public character to all classes

This means freedom of religion is not absolu

which are sanctioned by some religions are proh
Human sacrifice is permissible by certain religio
India has also, on various occasions, upheld the v
one. In a case Masud Alam v. Commissioner of P

loudspeakers calling for prayer may be valid

propaganda. But when such propaganda is mad
locality to the detriment of public moral, health or

may take one to hell instead of Heaven by the v

Similarly Chapter XV, Sections 295 to 298 of

relating to religions, e.g. Injuring or defiling place

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Secularism in Indian Politics : Theory and Practice 409

class, disturbing religious assembly, trespassing on burial places

actions might be sanctioned by the offender's own religion, these are
stated already, 'the right to freedom of religion' is also subject to the ot
the Constitution relating to Fundamental Right21. The meaning of th
with examples, "The practice of untouchability (forbidden in Article 1
under Article 25. Land can be compulsorily acquired by the state
Article 31 , despite the fact that it is a part of a religious endowment."

It appears from the language of the Indian Constitution and othe

right is subject to state control and restrictions extensively. But if w
Constituent Assembly it appears that there was much resentmen
the members of the Assembly regarding the interference of the stat
Lokanath Misra remarked, in this context-"lf religion is beyond t
clearly say so and delete all reference to rights relating to religion." H
generosity of tabooing religion and yet making propagation of religio
somewhat uncanny and dangerous22.

A number of authorities on the subject have also endorsed the view

the freedom of conscience of the individual is due to either bad draftin

borrowing rather than any conscious desire on the part of the father
the debates of the Constituent Assembly it becomes very clear
concerned with guaranteeing to the individual absolute freedom a
religion. If we observe the practices of the Government of India vis-a-
since the commencement of the Constitution, we find ample instance

felt hesitant in interfering with the matters of religion of the people2

civil code for the citizens' and 'ban on cow slaughter' are still lying as
Directive Principles of State Policy of the Constitution. This right ce
not by law, at least by practices.

Religious Instruction

The Indian Constitution guarantees not only religious freedom bot

response without any discrimination, it also lawfully permits to propa

of propagating religion is by means of religious instructions in educa
provided under Article 28 with a few "(1 ) No religious instruction shall be
institution wholly maintained out of State funds. (2) Nothing in
educational institution which is administered by the State but has be
endowment or trust which requires that religious instruction shall be

(3) No person attending any educational institution recognized by the

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The Indian Journal of Political Science 410

of State funds shall be required to take part in

such institution or to attend any religious wors
in any premises attached thereto unless such per
has given his consent thereto25."

The clause regarding the Right to Freedom of

outside the Constituent Assembly26. What is ban
under Clause 3 to a large extent. Prof. K.T. Shah
in the Constituent Assembly: "No religious in
educational institution wholiy or partly maintai

"The direct religious education is permissible

types of educational institutions in India. The
institutions which are wholly maintained out of
debates of the Constituent Assembly one finds
the framing fathers of the Constitution was neithe

in regard to religion nor due to the high values

compelled to follow this line on the ground that
religions29. Dr. Ambedkar admitted it in the As
than the first, namely, the multiplicity of religi
denominations30.

Conclusion

Secularism needs to acquire a promotion of secular principles that are of paramount

importance in the Indian body politic. Secularism requires more than adherence to a policy of
religious toleration. It is comparable to a policy of social transformation and change.

The universalization of secular principles should enable secularism not to degenerate into
an institutionalized policy of appeasement or domination of religious groups based on the needs
of the day. A consensual framework that is based on mutual respect and common principles,
not separate beliefs protected by law, needs to develop. The evolution of and adherence to such
predetermined but definable principles of state and individual value based behaviour is essential
if secularism is to become a universalist social and community ideology and not remain a purely
political instrument of societal regulation within the contemporary Indian scenario. The
government's role is that of facilitating understanding and tolerance for different religious beliefs,
both majority, and minority, without promoting or obliquely supporting any one belief. Achieving
this would mean divorcing public expressions of religious conduct from the Indian national identity,
which is a difficult task in the maelstrom of Indian democracy. However, gradual change in this
direction can occur since globalization and increased educational opportunities for men and

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Secularism in Indian Politics : Theory and Practice 411
women have converted tradition into a benchmark for progress, not a b
retarding socio-religious changes within Indian society.

References :

1 . Sec Manoranjan Mohanty, "Secularism: Hegemonic and Democratic", Economic

political weekly, vol. XXIV, No. 22, June 3, 1989, p.1219.

2. Ibid., p. 1220.

3. Ibid., p. 1221.

4. The Indian Express, July 9, 1991.

5. Asghar Ali Engineer, "Communalism and Communal violence, 1 996" Economic and political
weekly, vol.xxxl 1 , No. 7, Feb-1 5, 1 997, p. 326.

6. Sarla mudgal V. union of India, AIR 1995 SC 1531.

7. Geetha puri, "The congress and the BJP", Indian Express, November 30, 1 992.

8. Dipankar Gupta, "Communalism and Fundamentalism: some Notes on the nature of

Ethnic politics in India", Economic and political weekly, vol. XXXVI, No. 11 & 12, March,
1991, p. 573.

9. Donald Engine Smith, India as a secular state, (Princeton unit press, Princeton, New
jersey, 1963).

10. Constituent Assembly Debates, VII, p. 400.

1 1 . Dr.K. K. Wadhwa, Minority Safeguards in India (Thomas) 1 975, p.2.

12. S.C.R. (1960). P.250.

13. AIR (1973), SC.,. p.1461 .

14. Constituent Assembly Debates, VII, p.642.

15. Ibid., p.837.

16. Ibid., pp.881 -82.

17. Constituent Assembly Debates, VII, p.822.

18. Constituent Assembly Debates, VII, p.822-23.

19. ibid., p-837.

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The Indian Journal of Political Science 412

20. Art. 18.

21 . Qureshi V. State of Bihar, AIR 1 958 S.C., p. 731 .

22. AIR 1956, Eal., p. 9.

23. D.E. Smith, op. Cit., p. 104.

24. Constituent Assembly Debate, VII, p.823.

25. Ibid.,

26. V.P. Luthra, op. Cit., p. 1 13.

27. Art, 44.

28. Art, 48.

29. Constituent Assembly Debates, VII, p.879.

30. Constituent Assembly Debates, VII, p.868.

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