KLE College of Law, 4th Floor, Plot No 29, Sector 01, Kalamboli, Navi Mumbai – 410218.

Certificate
Class : F.Y.LLB Year : 2019 - 2020

This is to certify that the research work carried out by

MS. NIRMITI GAESH URANKAR (Roll No:-55) who has worked for the II nd Semester of
the First Year LL. B Course for the academic Year 2019 – 2020

This is to certify that the research work entitled of Subject Constitutional Law – Research
submission on (SECULARISM UNDER THE INDIAN CONSTITUTION) which is being
submitted by Nirmiti Ganesh Urankar, as Internal Assignment for the IInd Semester of the First
Year LL. B Course for the academic Year 2019 – 2020 is an independent and original research
work carried out by her.

Ms. Nirmiti Ganesh Urankar has worked under my guidance and supervision to fulfill all
requirements for the submission of this research work.

The conduct of student remained excellent during the period of research.

Date:- 02.06.2020 ________________________

Place: – Kalamboli, Navi Mumbai Prof. Mrs. Amrita Singh

Page 1 of 30
KLE College of Law, 4th Floor, Plot No 29, Sector 01, Kalamboli, Navi Mumbai – 410218

Plagiarism & Copyright Declaration Form

Name of the Student : - NIRMITI GANESH URANKAR.

Roll Number and Class : - 55 AND F.Y.LLB

Submitted to Teacher Name : - Mrs. Amrita Singh

Topic Name : - Secularism under the Indian Constitution.

This is to certify that I, MS. NIRMITI GANESH URANKAR, have done all the

work applying original efforts in my Research work titles – Secularism under the Indian
Constitution. Submitted to KLE Society’s KLE College of Law for the Internal Assignment in
the subject of Constitutional Law Submitted to Mrs. Amrita Singh on 02.06.2020. The Research
work presented is absolutely free from plagiarism and copyright infringement. If any violation of
copyright or plagiarism occurs, it would be my sole responsibility.

Date :01.06.2020.

Place : NAVI MUMBAI. Signature

Page 2 of 30
 TABLE OF CONTENT

SR. NO. PARTICULARS PAGE NO.

1. Acknowledgement 4

2. Declaration 5

3. Abstract 6

4. Scope of Research 7

5. Introduction 8-9

6. Preamble of The Constitution 10

7. Secularism: Concept 11-15

8. Secularism in the History of India 16-18

9. Secularism and the Indian Constitution 19-20

10. Secularism and Constitution of India: Unity in 21

Diversity
11. Indian Model of Secularism 22-23

12. Secularism and Religion 24-25

13. The Supreme Court and Secularism 26-28

14. Conclusion 29

15. References 30

Page 3 of 30
 ACKNOWLEDGEMENT:

Foremost, I would like to express my sincere gratitude to my advisor Mrs. Amrita Singh
for the continuous support of my study and research, for her patience, motivation,
enthusiasm, and immense knowledge. Her guidance helped me in all the time of research.
I could not have imagined having a better advisor and mentor for my research.

I respect and thank Mrs. Amrita Singh for providing me an opportunity to do the project
work in this situation and giving me all support and guidance, which made me complete
the project duly. I am extremely thankful to her for providing such a nice support and
guidance, although she had busy schedule.

The success and final outcome of this project required a lot of guidance and assistance from
her and I am extremely privileged to have got this all along the completion of my project.
All that I have done is only due to such supervision and assistance and I would not forget
to thank her.

I owe my deep gratitude to our project guide Mr. Dinkar Gitte sir and Mr. Mahesh
Vishwakarma sir, who took keen interest in my project work and guided me all along, till
the completion of my project work by providing all the necessary information for
developing a good system.

I am thankful to and fortunate enough to get constant encouragement, support and guidance
from all Teaching staffs of KLE College of Law which helped me in successfully
completing my project work.

Page 4 of 30
 DECLARATION

This research project is a presentation of my original research work. The contributions

involved and efforts made are only by myself to indicate this clearly, with due reference to
the literature, and acknowledgement of collaborative research. The work was done under
the guidance of Professor Mrs. Amrita Singh, at the KLE College of Law, Kalamboli.

I, Nirmiti Ganesh Urankar, in my capacity as student of the college, I certify that the above
statements are true to the best of my knowledge.

Signature:

Date: 02.06.2020

Place: Navi Mumbai.

Page 5 of 30
 ABSTRACT:

This study/ research paper examined the meaning of Secularism under the Indian
Constitution. Religious freedom is our critical right and is written in our constitution.

Everybody has the freedom to publicize any religion, to espouse any religion or acquire
any non-secular building. No particular religion is probably a concept in college textbooks.

The world’s longest constitution is the Indian’s constitution. At its commencement, it had
395 articles in 22 parts and 8 schedules. It consists of approximately 145,000 words,
making it the second largest active constitution in the world. Currently, it has a preamble,
25 parts with 12 schedules, 5 appendices, 448 articles, and 101 amendments.

India is a country of diverse religions and to offer freedom to religion to everyone, and for
equality of faith, India changed into declared a Secular country. The word secular modified
into brought into the preamble with the aid of way of the 42nd Amendment (1976). As in
step with the written Constitution of India, India is an earthly state (India), and we as
residents of India have to stand for it.

Page 6 of 30
 Scope of Research:

Present research is going to be conducted to determine concept of secularism and the

limitations of religious freedom. The Article 25 to 28 of Indian constitution deals with
religious freedom of citizens. The Interpretation of Articles by the Apex court of India to
determine the reasonable restrictions. Present Research is going to be conducted to
determine the religious freedom guaranteed under Indian constitution Therefore to describe
the scope of research problem researcher is going to refer various documents articles from
journals on implementation of Religious freedom and to trace out the instances of
reasonable Restrictions on religious freedom as provides by the provisions of India
Constitution. The researcher is referring, constitution of India, various amendments under
Indian constitution, to analyse the judgments of Supreme Court on Religious freedom and
Reasonable restrictions. Therefore, to conduct present Doctrinal Research the Researcher
is going to refer various documents-primary and secondary, various reports on Directive
principles, various articles published in journals, newspapers and the online information
available on various websites.

Law and Social Pluralism by Shimon Shetreet LexisNexis Butterworths This book is a
comparative study of freedom of religion and secularism India and Israeli. It emphasized
on various aspects of freedom of religion in democratic countries. If a state is democratic
in nature then it shall follow the concept of secularism, because population may be
hydrogenous multi lingual and multi religious so law is an important tool to control between
both' It highlighted the secularism in its strict manner. The judiciary should be central role
in these matters because whenever there will be a dispute regarding freedom of religion
and secularism. "Courts have an essential role in society in protecting fundamental human
rights. The legislature is under strong political pressure to introduce changes of favourable
to human rights. The judiciary has an important role in every society, but even an important
role in a multicultural society

Page 7 of 30
 INTRODUCTION:

The Constitution of India is the supreme law of India. It frames fundamental political
principles, procedures, practices, rights, powers, and duties of the government. It imparts
constitutional supremacy and not parliamentary supremacy, as it is not created by the
Parliament but, by a constituent assembly, and adopted by its people, with a declaration in
its preamble. Parliament cannot override it.

Secularism is a belief system that rejects religion, or the belief that religion should not be
part of the affairs of the state or part of public education. Secularism is a system of doctrines
and practices that disregards or rejects any form of religious faith and worship and the belief
that religion and ecclesiastical affairs should not enter into the functions of the state,
specifically into public education.

The term “Secular” means being "separate" from religion, or having no religious basis. A
secular person is one who does not owe his moral values to any religion. His values are the
product of his rational and scientific thinking.

Secularism means separation of religion from political, economic, social and cultural
aspects of life, religion being treated as a purely personal matter. It emphasized dissociation
of the state from religion and full freedom to all religions and tolerance of all religions. It
also stands for equal opportunities for followers of all religions, and no discrimination and
partiality on grounds of religion. Secularism turned out to be progressively conspicuous
under the British guideline in India as Religion turned into an indivisible piece of
governmental issues and public activity.

At the season of Independence, secularism was the central point of the political pioneers.
Every single unmistakable pioneer of the Indian National Congress like Jawaharlal Nehru
was focused on secularism. In any case, shockingly, the correct inverse occurred, collective
brutality prompted the unit of India and Pakistan in 1947 as independent countries. Be that
as it may, after Independence, India turned into a common nation in which the Indian state
did not have any state religion, but rather her kin were allowed to pursue or receive any
conviction in the Country.
Page 8 of 30
The principles of secularism which protect and underpin many of the freedoms we enjoy
are:
• Separation of religious institutions from state institutions and a public sphere where
religion may participate, but not dominate.
• Freedom to practice one's faith or belief without harming others, or to change it or
not have one, according to one's own conscience.
• Equality so that our religious beliefs or lack of them doesn't put any of us at an
advantage or a disadvantage.

This task additionally looks forward towards the significance of secularism in different
protected systems for instance in America, France, Russia. the first and the last question in
which my paper is focusing on whether Secularism is truly followed in the country like
India.

Page 9 of 30
 Preamble of The Constitution
The Constitution of Independent India was framed in the background of about 200 years of
colonial rule, mass-based freedom struggle, the national movement, partition of the country
and spread of communal violence. Therefore, the framers of the Constitution were
concerned about the aspirations of the people, integrity and unity of the country and
establishment of a democratic society. Their main was to give India a ‘Constitution’ which
will fulfill the cherished ideas and ideals of the people of this country.

The Constitution begins with a Preamble which declares India to be a Sovereign, Socialist,
Secular, Democratic, Republic. The Preamble also mentions the goals of securing justice,
liberty and equality for all its citizens and promotion of national unity and integrity on the
basis of fraternity among the people assuring dignity of the individual.

'WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all
its citizens:
JUSTICE, social, economic and political.
LIBERTY of thought, expression, belief, faith and worship.
EQUALITY of status and opportunity, and to promote among all;
FRATERNITY assuring the dignity of the individual and the unity of the Nation"
IN OUR CONSTITUENT ASSEMBLY this 26/11/1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION'.

The Preamble to the Constitution of India signifies that India is a secular state. The
Preamble reflects the way of life adopted by Indian citizens for themselves after
independence. In fact, every civilization has also been a mirror of way of life as well as
reflecting movement of human spirit. The Preamble of Indian Constitution aims to
constitute India a Sovereign, Socialist, Democratic Republic. The terms socialist and
secular were added to it by the 42nd amendment. The whole constitution is summarized in
the preamble. It is the mirror to the spirit of the constitution. The arrangement of the words
in the preamble is also very significant. Indian society is a multi-religious society, it is
having different caste, religion along with several religion diversification. So, all these are
the divisive factor in some way or the other and if not handled carefully then can cause a
threat to the unity and integrity of the nation.

Page 10 of 30
 Secularism: Concept:
Secular is a word that finds its original meaning in a Christian context ‘Saeculum’. The
ordinary Latin word for century or age, took on a special meaning as applied to profane
time, the time of ordinary historical succession. This time was interwoven with higher
times, the time of ideas, or of the origin, or of God. Government was more in the saeculum
by contrast with the church. The secularism of today is built on this original distinction.
The origin point of modern western secularism was the wars of religion.

The concept of secularism is not new to India. The vision of secularism - 'sarwa dharma
sambhava', i.e., tolerance for all religions - has always been there in our country and has its
roots in the Yajur Veda, Atharva Veda and Rig Veda and Akbar’s Din-e-Ilahi. However,
the word ‘secularism’ was not used in the Indian Constitution until the 42nd Amendment
in 1976, which incorporated the word explicitly in the Preamble. This does not mean that
the concept of secularism was not evident in the 'Constitution or Indian laws.

According to Chairman of drafting of Indian Constitution secularism means, "We can

abolish the religion, it does take into consideration the religious sentiments of the people
or Parliament shall not be competent to impose any particular religion up on the people".
Religion means binding moral principles and the ways of worship generally followed by a
community into their day-to-day life.

India is a secular country but what is secularism? According to Donald Eugene Smith,' The
secular state is a state which guarantees individual and corporate freedom of religion deals
with the individual as a citizen irrespective of his religion is not constitutionally connected
to a particular, nor does it seek either to promote or interfere with religion upon closer
examination it will be seen that the conception of a secular state involves three distinct but
inter-related sets of relationships concerning the state, religion and the individual Indra V.
Rajnarayan 1975 AIR, S.C 2299,the basic feature of the secularism was explained by the
hon'ble supreme court which held that, secularism means' that state shall have no religion
of its own and all persons of the country shall be equally entitled to the freedom of their
conscience and have the right freely to profess, practice and have the right freely to profess,
practice and propagate any religion''. S.R.Bommai V. Union of India 1994 AIR, SC 1981
The Hon'ble Supreme court while upholding the dismissal of four state governments ruled

Page 11 of 30
by BJP, on the ground of religious conduct, held that ''secular not only meant that the state
should have no religion of its own and should be neutral as between different religious, but
that political party which sought to capture the power, the religious would come to capture
the power, the religions would come to acquire a secondary or less favourable position.

A discussion on ‘Secularism’ seems to be highly pertinent at this moment given the fact
that our country is now witnessing fissiparous tendencies apparently based on religion.
Although the menace of communalism is not a new phenomenon in the Indian society, yet
it is quite baffling and embarrassing that even after more than six decades of independence
and despite an emphatic proclamation by the constitution that we are secular, still things
are not so bright. Before proceeding further, it is necessary to have an idea of the nature
and meaning of the term ‘secularism’. It is interesting to note that there is no agreed and
precise meaning of ‘secularism’ in our country. As Jawaharlal Nehru wrote in his
autobiography… “no word perhaps in any language is more likely to be interpreted in
different ways by the people as the word ‘religion’. That being the case, ‘secularism’ which
is a concept evolved in relation to religion can also not have the same connotation for all”.

There are two possible models of secularism. In the first one, there is a complete separation
of religion and state to the extent that there is an ‘impassable wall’ between religion and
secular spheres. In such a model, there is no state intervention of religious matters and vice
versa. In the other model, all religions are to be treated equally by the state; in other words,
the state is equi-distant from all religions. This model is also referred to as ‘non-
discriminatory’ and is particularly relevant for multi-religious societies. In contrast to the
former model, the latter allows for state intervention on grounds of public order and social
justice. The principle of ‘secularism’ as understood in the United States means that the state
and the church co-exist in the same human society without having to do anything with each
other. In Europe, the vision of secularism evolved as the negation of all things religious,
particularly in political functioning. In India, it means the Secularism and the law opposite,
i.e., equal respect for all religions. A ‘secular state’ in the Indian context means one, which
protects all religions equally and does not uphold any religion as the state religion.

The Sanskrit phrase ‘Sarva Dharma Sambhava’ is the most appropriate Indian vision of
secular state and society. But it should not be forgotten that the word ‘Secular’ has not been

Page 12 of 30
defined or explained under the constitution either in 1950 or in 1976 when it was made part
of the preamble.

Secularism as a modern political and constitutional principle involves two basic

propositions. The first is that people belonging to different faiths and sects are equal before
the law, the constitution and the government policy. The second requirement is that there
can be no mixing up of religion and politics. It follows that there can be no discrimination
against any one on the basis of religion or faith nor is there room for the hegemony of one
religion or majoritarian religious sentiments and aspirations. It is in this double sense – no
discrimination against any one on grounds of faith and separation of religion from politics
– that our constitution safeguards secularism.

The 42nd amendment to the Constitution introduced by Mrs. Indira Gandhi, the then Prime
Minister, reiterated the secular character declaring India as a “socialist, secular, democratic
state”. The fundamental duties incorporated in the Constitution through the same
Amendment make it the responsibility of every citizen to strive for the promotion of the
spirit of enquiry, scientific outlook, humanism and reform. The Constitution of India
abolished untouchability and prohibited its practice in any form. Secularism and the law
Special preferences in the name of religion do not exist. In India, secularism does not mean
mere separation of religion and state but, the abolition of the practice of untouchability and
promotion of castelessness. Secularism has been one of the essential elements in the basic
structure of our Constitution which lays down that
1) the state has no religion;
2) all citizens have the fundamental right to follow and propagate their own religion; and
3) it is the duty of the state to protect and secure the life, liberty and property of all the
citizens of the country.

Further, the state will not discriminate between the citizens on the grounds of religion and
language. Thus, it may appear that our Constitution has been based on secularism or dharma
nirapekshita, our society is steeped in religion.

The whole philosophy of Indian Constitution is based on the three tenets of Equality,
Fraternity and Justice. The concept of secularism is encapsulated in the broader concept of
right to equality i.e. no citizen shall be discriminated by the state on the grounds of caste,

Page 13 of 30
sex, religion, race or colour. The right to freedom of religion is a natural corollary to this
concept, which lays down the basic principles of secularism in India. Indian laws, which
include union and state laws, have been enacted in this broader definition of secularism.
Since secularism in India does not completely separate religion and state, and the country
had a bitter experience of partition because of religious animosity just before its political
birth, the functioning of secularism has not only been a complex issue but also very
sensitive political agenda. Many questions have been raised: Are the Indian laws really
secular in all aspects? How has the state endeavoured to secure the religious freedom of all
citizens? How have the laws functioned in the last 50 odd years? How the rights of religious
minorities have been protected? Has the concept of secularism been politicized? Do we
really have any concrete definition of secularism? And many more such intriguing
questions which has made the relation between secularism and law much more complex.

Before looking at the relation between secularism and law, it is important to consider what
secularism in India means. This concept in India is very different from 26 Secularism and
the law what is practiced in the West. According to Encyclopaedia Britannica it means:
'Nonspiritual, having no concern with religious or spiritual matters... anything which is
distinct, opposed to, or not connected with religion'. Thus, a secular state is one, which is
not connected with and not devoted to religion. It means separation of religion and state in
the West i.e. state shall not involve in any religious activity. This is, however, not true in
India.

The Indian Constitution does not envisage an irreligious or non-religious state. It only tells
that all religions shall be treated equally and there shall be no discrimination among the
citizens 'only' on the basis of their religion in any form or manner (Art. 15). The difference
lies, therefore, in the fact that whereas in the case of western states the discrimination by
state is absolutely banned, the constitution of India permits discrimination on condition that
the religious ground is accompanied by another reasonable ground. By virtue of this, the
state is empowered to legislate different laws applicable to different communities.

This further means that the state can accord legal recognition to its people not only as
citizens but also as members of different communities i.e. as Hindus, Muslims, etc. The
Constituent Assembly also discussed the prospects of banning religious legislation but

Page 14 of 30
ultimately the state was left free to enact such kind of legislation as part of unique secular
polity of India. Thus, the concept of secularism in India has been defined in accordance
with multi-religious, multi-cultural and multi-lingual identity, and the ancient religious
tradition of the country. After the 42nd Amendment, India came to be characterized as a
'Sovereign, Socialist, Secular and Democratic Republic'. The precise sense in which the
word secular is used is clarified by the corresponding term 'pantha nirpeksha'
(denominationally neutral) in the Hindi version of the document. Besides Preamble, the
Constitution contains many provisions to establish the secular character of the Indian polity.
Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, caste,
sex, or place of birth; Article 16 guarantees equality of 27 Secularism and the law
opportunity in matters of public employment irrespective of one's religious identity; and
Article 17 abolishes the practice of untouchability. Articles 25 to 30 deal specifically with
the freedom of religion which are as follows: "Freedom of conscience and free profession,
practice and propagation of religion" (Article 25); "Freedom to manage religious affairs",
which includes the right "to establish and maintain institutions for religious and charitable
purposes" (Article 26); "Freedom as to payment of taxes for promotion of any particular
religion" (Article 27); "Freedom as to attendance at religious instruction or religious
worship in certain educational institutions", with the clarification that "No religious
instruction shall be provided in any educational institution wholly maintained out of state
funds" (Article 28); "Protection of interests of minorities" (Article 29); and the "Right of
minorities to establish and administer educational institutions" (Article 30).

However, all the freedoms and rights conferred by Articles 25-30 are "subject to public
order, morality and health". Not only that they are to be exercised in a manner that is
progressive in spirit. Clause 2(b) of Article 25 provides for state intervention within the
framework of the said article to promote 'social welfare and reform', for example, throwing
open the Hindu religious institutions of a public character to all classes and sections of
Hindus.

“Secular” word is always stand with three pillars like :-

• Religion and Individual (freedom of religion)
• Individual and State (citizenship)
• State and Religion (separation of state and religion)

Page 15 of 30
 Secularism in the History of India:

The constitution of India was adopted on the 26th of November, in the year 1949. However,
it came to effect on the 26th of January, 1950. 26th of January is celebrated as the Republic
Day of India. It was adopted by the Constitution Assembly. Dr. B. R. Ambedkar, the
chairman of the Drafting Committee, is widely considered to be the architect of the
Constitution of India. After, the adoption of the constitution, The Union of India became
the contemporary and modern Republic of India

The Constitution of India provides its citizens with six fundamental rights. These rights are
the Right to Freedom, Right to Equality, Cultural and Educational Rights, Right to
Constitutional Remedies, Right against Exploitation, Right against Exploitation. Recently,
the Right to Privacy has also been added to fundamental rights.

26th January was chosen as the Republic day because it was on this day in 1930 when
Declaration of Indian Independence known as Purna Swaraj was proclaimed by the Indian
National Congress as opposed to the Dominion status offered by British Regime. Secular
traditions are very deep rooted in the history of India. Indian culture is based on the
blending of various spiritual traditions and social movements. In ancient India, the Santam
Dharma (Hinduism) was basically allowed to develop as a holistic religion by welcoming
different spiritual traditions and trying to integrate them into a common mainstream. The
development of four Vedas and the various interpretations of the Upanishads and the
Puranas clearly highlight the religious plurality of Hinduism.

Emperor Ashoka was the first great emperor to announce, as early as third century B.C.
that, the state would not prosecute any religious sect. In his 12th Rock Edict, Ashoka made
an appeal not only for the toleration of all religion sects but also to develop a spirit of great
respect toward them. Even after the advent of Jainism, Buddhism and later Islam and
Christianity on the Indian soil, the quest for religious toleration and coexistence of different
faiths continued.

In medieval India, the Sufi and Bhakti movements bond the people of various communities
together with love and peace. The leading lights of these movements were Khwaja
Page 16 of 30
Moinuddin Chisti, Baba Farid, Sant Kabir Das, Guru Nanak Dev, Saint Tukaram and Mira
Bai etc. In medieval India, religious toleration and freedom of worship marked the State
under Akbar. He had a number of Hindus as his ministers, forbade forcible conversions and
abolished Jizya. The most prominent evidence of his tolerance policy was his promulgation
of ‘Din-i-Ilahi’ or the Divine Faith, which had elements of both Hindu and Muslim faith.
That this was not imposed upon the subjects is obvious from the fact that there were few
adherents to it. Along with this he emphasized the concept of ‘sulh-i-kul’ or peace and
harmony among religions. He even sponsored a series of religious debates which were held
in the ‘Ibadat Khana’ of the Hall of Worship, and the participants in these debates included
theologians from amongst Brahmins, Jains and Zoroastrians. Even before Akbar, Babar
had advised Humayun to “shed religious prejudice, protect temples, preserve cows, and
administer justice properly in this tradition.”

The spirit of secularism was strengthened and enriched through the Indian freedom
movement too, though the British have pursued the policy of divide and rule. In accordance
with this policy, the British partitioned Bengal in 1905. Separate electorates were provided
for Muslims through the Indian Councils Act of 1909, a provision which was extended to
Sikhs, Indian Christians, Europeans and Anglo-Indians in certain provinces by the
Government of India Act, 1919. Ramsay MacDonald Communal Award of 1932, provided
for separate electorates as well as reservation of seats for minorities, even for the depressed
classes became the basis for representation under the Government of India Act, 1935.
However, Indian freedom movement was characterized by secular tradition and ethos right
from the start.

In the initial part of the Indian freedom movement, the liberals like Sir Feroz Shah Mehta,
Govind Ranade, Gopal Krishna Gokhale by and large pursued a secular approach to
politics.
The constitution drafted by Pandit Moti Lal Nehru as the chairman of the historic Nehru
Committee in 1928, had many provision on secularism as: ‘There shall be no state religion
for the commonwealth of India or for any province in the commonwealth, nor shall the
state, either directly or indirectly, endow any religion any preference or impose any
disability on account of religious beliefs or religious status’.

Page 17 of 30
Gandhiji’s secularism was based on a commitment to the brotherhood of religious
communities based on their respect for and pursuit of truth, whereas, J. L. Nehru’s
secularism was based on a commitment to scientific humanism tinged with a progressive
view of historical change.
At present scenario, in the context of Indian, the separation of religion from the state
constitutes the core of the philosophy of secularism.

Page 18 of 30
 Secularism and the Indian Constitution:

There is a clear incorporation of all the basic principles of secularism into various
provisions of constitution. The term ‘Secular’ was added to the preamble by the forty-
second constitution Amendment Act of 1976, (India is a sovereign, socialist, secular,
democratic, republic).

It emphasises the fact that constitutionally, India is a secular country which has no State
religion. And that the state shall recognise and accept all religions, not favour or patronize
any particular religion.

While Article 14 grants equality before the law and equal protection of the laws to all,
Article 15 enlarges the concept of secularism to the widest possible extent by prohibiting
discrimination on grounds of religion, race, caste, sex or place of birth.

Article 16 (1) 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.

Article 25 provides ‘Freedom of Conscience’, that is, all persons are equally entitled to
freedom of conscience and the right to freely profess, practise and propagate religion.

As per Article 26, 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.

As per Article 27, the state shall not compel any citizen to pay any taxes for the promotion
or maintenance of any particular religion or religious institution.

Article 28 allows educational institutions maintained by different religious groups to impart

religious instruction.

Article 29 and Article 30 provides cultural and educational rights to the minorities.
Page 19 of 30
Article 51A i.e. Fundamental Duties 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.

Secularism as contemplated by the Constitution of India has the following distinguishing

features:
(1) The state will not identify itself with or be controlled by any religion;

(2) While the state guarantees to everyone the right to profess whatever religion one
chooses to follow, it will not accord any preferential treatment to any of them.

(3) No discrimination will be shown by the state against any person on account of his
religion or faith.

(4) The right of every citizen, subject to any general condition, to enter any offices under
the state and religious tolerance form the heart and soul of secularism as envisaged by the
constitution. It secures the conditions of creating a fraternity of the Indian people which
assures both the dignity of the individual and the unity of the nation.

The Supreme Court has ruled in (Bal Patil and Anr. v. union of India) that the State has no
religion and State has to treat all religions and religious people equally and with equal
respect without in any manner interfering with their Individual rights of religion, faith and
worship.

The objectives and parameters of a secular, socialist, democratic republic had to be

expressed in such flexible, yet firm, fashion that a creative and realistic jurisprudence and
complex of constitutional strategies could be put into operation which would harmonies
not antagonize, religious minorities, integrate not acerbate, hostile strata, abolish not
accentuate, the socio-religious discrimination endured by the weaker human sector and
generate a system and society where secular unity would comport with cultural diversity.

Page 20 of 30
 Secularism and Constitution of India: Unity in Diversity
The core ethos of India has been a fundamental unity, tolerance and even synthesis of
religion. It is an indubitable fact that hundreds of millions of Indians belonging to diverse
religions lived in comity through the ages, marred through at times by religion revolts,
economic exploitation and social suppression being often at the bottom of it all.

India is the birth place of four major world religions: Hinduism, Jainism, Buddhism and
Sikhism. Yet, India is one of the most diverse nation in terms of religion. Many scholars
and intellectuals believe that India's predominant religion, Hinduism has long been a most
tolerant religion. India is a country built on the foundations of a civilization that is
fundamentally non-religious.

The constituent assembly has visualized the peculiar situations of the country and a very
arranging the preamble it aims to secure to citizens justice, equality and liberty. The basic
aim is to promote fraternity while assuring unity and integrity of the nation along with
individual dignity. Fraternity is a very significant tool to combat the divisive factor.
Religious harmony is a must to promote fraternity particularly in Indian context. So it's a
constitutional mandate upon the state to combat the factors which curtails religious
fraternity. It is also incumbent upon the state to take positive as well as negative actions to
promote fraternity. Art. 25(1) guarantee to every person the freedom of conscience and the
right to profess, practice and propagate religion.

In Venkataramana Devaru V. Stae of Mysore 1958 AIR 255,1958 SCR 895 Venkataramana
temple was belonging to the Gowda Saraswath Brahaman community. The trustees of this
denominational temple refused admission to Harijans on the ground that the caste of the
prospective worshipper was a relevant matter of religion according to scriptural authority.

Page 21 of 30
 Indian Model of Secularism:
Nehru’s view was – “Equal protection by the state to all religion“. He wanted a secular
state to be one that “protects all religions but does not favour one at the expense of others
and does not itself adopt any religion as the state religion.”

Indian secularism is fundamentally different from western secularism. It does not focus
only on Church- State separation and the idea of inter-religious equality is crucial to the
Indian conception.

What makes Indian secularism Distinctive?

There was already a culture of inter-religious ‘tolerance’ in India. Tolerance is compatible
with religious domination. It may allow some space to everyone but such freedom is usually
limited.

The advent of western modernity, brought to the notice, neglected and marginalised notions
of equality in Indian thought. It sharpened these ideas and helped us to focus on equality
within the community. It also ushered ideas of inter-community equality to replace the
notion of hierarchy. Its operation is done through three factors- Scientific and rational
education, Legislation, social reforms, Urbanization and industrialisation.

So, Indian secularism took on a distinct from as a result of an interaction between what
already existed in a society that had religious diversity and the ideas that came from the
west. It resulted in equal focus on intra-religious and inter-religious domination.

Differences in Indian secularism

• Indian Secularism equally opposed oppression of dalits and women within Hinduism.
It also opposes the discrimination against women within Indian Islam or Christianity
and the possible threats that a majority community might pose to the rights of the
minority religious communities.
• Indian Secularism deals not only with religious freedom of individuals but also with
religious freedom of minority communities i.e. individual has the right to profess

Page 22 of 30
 religion of his /her choice. Likewise, religious minority also have a right to exist and
to maintain their own culture and educational institutions.
• Indian Secularism has made room for and is compatible with the idea of state-
supported religious reform. For example- Indian constitution bans untouchability under
Article 17. There is also abolition of child marriage and lifting the taboo on inter-caste
marriage sanctioned by Hinduism.

The Indian state may engage with religion negatively to oppose religious tyranny. It may
also choose a positive mode of engagement. Thus, the Indian constitution grants all
religious minorities, the rights to establish and maintain their own educational institutions,
which may receive assistance from the state.

This type of model makes its secular ideal more like a contextual, ethically sensitive,
politically negotiated arrangement, rather than a scientific doctrine as conjured up by
ideologies and merely implemented by political agents.

Secularism undoubtedly helps and aspires to enable every citizen to enjoy fully the blessing
of life, liberty and happiness, but in the pursuit of this ideal, those who believes in
secularism must be inspired by a sense of ethical purpose in dealing with their fellow
citizens.

Page 23 of 30
 Secularism and Religion:

Religion is concrete experience which is associated with emotions, especially with fear,
awe or reverence. Many societies have a wide range of institutions connected with religion
and a body of special officials, with forms or worship, ceremonies, sacred objects titles,
pilgrimages, and the like.

Looking at the definition of religion by Ogburn, "Religion is an attitude towards super

human power, it may be submitted that religion explains the relation of man with god and
also elaborate rules of conduct."

Further Maxmuller defines, "Religion as a mental faculty or disposition which enables man
to apprehend the infinite." Maxmuller has attempted to define religion as a matter of belief
in supernatural forces. Man believes that he is at the mercy of the supernatural forces and
shows his subordination to them by means of prayers, hymns, and other acts, man believes
that his disrespect and negligence towards religion would bring disaster so he engaged in
endless endeavour to adjust himself with the supernatural. He attempts to do only the acts
which are righteous and sacred to please the supernatural. Behaving in accordance with the
norms laid down by religion is righteous and going against them is ‘sinful’.

Religious faith is continuously providing the passion to preserve in the way of life and if it
declines, obedience degenerates into habit and habit slowly withers way. Therefore laws,
customs, conventions and fashions etc. are not the only means of social control but the
religion and morality also formulate and shape the human behavior. Religion and morality
are the most influential forces of social control as well as the most effective guides of the
human behavior.

The social life of a man in addition of its economics, political, philosophical, scientific and
other aspects, has also religious aspects. Religion is the major concern of man. Man is
always having religious quest which makes him able to become a restless creature even
beyond the satisfaction of his physical needs. Religion revolves around man’s faith in the
supernatural forces.

Page 24 of 30
Religion is a matter of faith. Though the critics might not agree but it is indeed a fact that
India and its people, though have entered the globalised era, but still maintain the deep
religious values at the core. The present scenario of ‘Secularism’ in India is indeed a cause
of concern. Today, the secular character of the Indian democracy is considered to be under
threat.

The razing of the Babri Mosque in Ayodhya (Uttar Pradesh) led to riots and killings by
Muslims and by Hindus. The recent massacres of innocent Hindus in Godhra (Gujarat),
presumably ignited by smouldering Muslim resentments against the Hindutva proponents
over Ayodhya, touched off a larger massacre of equally innocent Muslims in tit-for-tat
killings that undermined yet further the amity under which these religious communities had
lived earlier in Gujarat State in an atmosphere of secularism. Apart from these, the
unspeakable atrocities of 1984 against the Sikhs in Delhi after the assassination of Prime
Minister Indira Gandhi; and an occasional slaying of proselytizing Christian missionaries
clearly presents a grim picture of “Indian Secularism”, moreover, the intrusion of religious
passions and caste loyalties into Indian politics casts serious doubts over the claim of India
to be a secular and theocratic state. This is also highlighted from the changing trends of the
decisions given by the Hon’ble Supreme Court of India, which is regarded as the guardian
of constitutionalism in India.

The Hon’ble Supreme Court of India in Sardar Taheruddin Syedna Saheb v. State of
Bombay , AIR 1962 SC 853, 871 for the first time explained the concept of secularism
wherein Ayyangar, J., explained: "Articles 25 and 26 embody the principle of religious
toleration that has been the characteristic feature of Indian civilization from the start of
history. The instances and periods when this feature was absent being merely temporary
aberrations. Besides, they serve to emphasize the secular nature of the Indian democracy
which the founding fathers considered to be the very basis of the Constitution."

Page 25 of 30
 The Supreme Court and Secularism
The constitutional provision have raised problem of interpretation. On the hole, the
supreme court has interpreted these provisions with a view to promote interreligious amity,
harmony and accord. The court has, on whole, leaned towards the minority groups and has
conceded to theme certain rights over and above the majority rights.
Is India, a secular State was never considered as an irreligious or atheistic State. It only
means that in matters of religion it is neutral. It is the ancient doctrine in India that the state
protects all religions but interferes with none.
The constitution definitely expressed its attitude toward religion in Article 25-
28; 29(2), 30 the implications of each of which have received interpretations from the
highest tribunal .i.e. the supreme court, in various cases, The supreme court had explained
the Secularism and the secular character of the Indian constitution through its important
judgments, Eminent jurists also expressed their views on the concept of secularism.

• In Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225, the Constitutional Bench
of the Hon’ble Supreme Court reiterated that secularism was a part of the basic
structure of the Constitution. This view crystallized in the landmark case of S.R.
Bommai v. Union of India (1994) 3 SCC 1. In fact, the Judges in S.R. Bommai’s case
went on to say that the concept of secularism in the Indian Constitution is in broad
agreement with the U.S. Constitution's First Amendment. However, within a year the
Hon’ble Supreme Court in Ismael Faruqui v. Union of India (1994) 6 SCC 360 started
diluting the active, positive concept of secularism based on scientific thinking it had
advocated in the S.R Bommai’s case.

• Subsequently, in the infamous Ram Janambhoomi case, the Hon’ble Supreme Court
justified its concept of secularism by quoting extensively from Indian scriptures.
Verma, J. (as he then was) (speaking for Venkatachaliah, C.J. and Ray, J.) quoted from
the Yajur Veda, Atharva Veda and Rig Veda to justify its concept of secularism: 'Sarwa
Dharma Sambhava', i.e., tolerance of all religions. This reasoning seemed to be odd
wherein the Hon’ble Supreme Court was justifying secularism by religious scriptures.
The Supreme Court seemed to have rejected the western concept of secularism based
on separation of the Church and the State as explained in the earlier verdict of S.R.

Page 26 of 30
 Bommai and went back to equating secularism with tolerance. The Court also noted
that the State has the power to take over any religious place including a mosque.
Though dissenting, Bharucha, J., supported the concept of absolute, positive and active
secularism, more in tune with that spelt out in S.R. Bommai. Yet even he accepted that
secularism in India exists because of the tolerance of the Hindus who are the majority
religion. However, though in some of the recent judgments the Hon’ble Supreme Court
has again shifted from the confusing interpretation of Secularism. But this again
highlights an important issue that the secular character of India has in fact received a
setback and the issue of Secularism in India today is not simple especially in light of
the growing religious fundamentalism which owes its revival to the failure of the
government in controlling societal attacks.

More than a decade later in 1994, in the Bommai case, the Supreme Court added that
secularism was a basic feature of the Constitution. The Preamble embodies the
Republic’s founding values, and whether or not it can be amended, it has provided a
reference point to interpret the Constitution. The Articles of the Constitution as well as
the spirit of the Preamble both underscore the spirit of socialism and secularism. In the
Preamble, the people of India resolve to secure all citizens social, economic and
political justice, and this resolution is made solemnly, and not by invoking any divine
power. In Minerva Mills case, the court struck down the validity of Clause (4) of
Article 368, which was inserted by virtue of 42nd mendment in 1976 as it purported to
destroy judicial review, which is considered as one of the basic features of the
Constitution. Later Supreme Court of India held in a series of decisions that equality,
judicial review, federalism, secular character, supremacy of the Constitution,
democratic form of Government, separation of powers are some of the basic features
of the Constitution.

• Rajesh Himatlal Solnki v Union of India, Dismissing a petition purportedly filed in

public interest with costs, a Division Bench of the Gujarat High Court in a recent
decision has declared that the "offering of the prayer to the earth at the time of
foundation laying ceremony cannot be termed as non-Secular action if 'manav dharma'
is to be understood in its real sense in furtherance to the principles of secularism to be
observed by our nation."
Page 27 of 30
 The High Court culled out the legal principles relating to the meaning and ambit of
'Secularism', as propounded by the Constitution of India and went on to examine the
various dimensions of 'dharma' and 'religion' which were not anti-thesis to secular
but on the contrary were founding stones to human spirit and tolerance in public life
to hold that celebrating the foundation of a new building, which essentially was the
reason behind 'bhumi-pujan' could not be said to be anti-secular. "Offering of prayer
by any person for betterment of everybody cannot be termed as any activity or any
action resulting into non-Secular activity".

The true meaning of the word “secular” can be termed as based on principles of
“Vasudeva Kutumbakam”. If to be understood in context of religion, it can be said
that let the religion allowed to be followed by those who wants to follow.

• In State of Karnataka v. Dr.Pravin Togadia119 reported at the Apex Court observed

that welfare of the people is the ultimate goal of all laws and State action, and above
all the Constitution. They have one common object that is to promote the well-being
and larger interest of society as a whole and not of any individual or particular
groups carrying any brand names. It is inconceivable that there can be social well-
being without communal harmony, love for each other and hatred for none. The core
of religion based upon spiritual values, which the Vedas, Upanishad and Puranas
were said to reveal to mankind, seem to be “Love others, serve others, help ever,
hurt never” and “Servae Jana Sukhino Bhavantoo”.

Page 28 of 30
 Conclusion:
Indian secularism is not simply the invention of India’s post-1947 political leaders; the
concept has a longer, distinguished place in the history of Indian civilization. For millennia,
some rulers have promoted the coexistence of India’s religious communities. Emperor
Ashoka did so, in spite of his zealous adherence to Buddhism, and the Mughal Emperor
Akbar went even further by initiating a syncretic creed—a tradition that culminated in
Gandhism. In fact, Indian secularism is the by-product of a whole civilization, as a senior
literary figure, Nayantara Sahgal, remarked recently: “We are unique in the world that we
are enriched by so many cultures, religions. Now they want to squash us into one culture.
So it is a dangerous time. We do not want to lose our richness. We do not want to lose
anything … all that Islam has brought us, what Christianity has brought us, what Sikhism
has brought us. Why should we lose all this? We are not all Hindus but we are all
Hindustani.”

To be truly secular, a state must not only refuse to be theocratic but also have no formal,
legal alliance with any religion. The separation of religion state is, however, a necessary
but not a sufficient ingredient of a secular state. A secular state must be committed to
principles and goals which are at least partly derived from non-religious sources. These
ends should include peace, religious freedom, freedom from religiously grounded
oppression, discrimination and exclusion, as also inter-religious and intra-religious
equality.

Page 29 of 30
 References:
www.wikipedia.com
www.legalservicesindia.com
www.worldwidejournals.com
India as a secular state by Donald Eugene Smith

Page 30 of 30