Secular Meaning in Constitution | Important Acts and Laws for Judiciary Exams PDF Download

Secularism in the Indian Constitution

• Secularism in the Indian Constitution, as enshrined in the Preamble and various articles, signifies the nation's dedication to a state free from religious favoritism. Explicitly mentioned in the Preamble since the 42nd Amendment, it underscores principles of equality, non-discrimination, and the right to religious freedom for all citizens.
• Through key constitutional articles, India aims to foster a harmonious society where diverse religious beliefs can coexist, emphasizing core values of equality and fraternity.

Understanding Secularism

• Secularism denotes a state where the government does not show favoritism towards any specific religion. It involves respecting individuals' personal beliefs and allowing them the freedom to practice their religions without hindrance. According to the British Encyclopedia, secularism is defined as non-spiritual, emphasizing equal respect for all religions without endorsing any particular one.
• In simpler terms, secularism ensures a clear separation between the political system and religious influences. It enables people of different faiths to peacefully live together within the state, ensuring each citizen's right to practice their religion without external interference.
• In the Indian context, three main perspectives on secularism exist. The liberal ideology, mirroring Western concepts, advocates for the complete detachment of politics from religion. The transformationalist ideology, on the other hand, focuses on social, economic, and political development, promoting the idea that religion should be a private matter while encouraging a scientific mindset among individuals.
• At its core, a secular state upholds the principle of non-interference between religion and government, ensuring that the state does not influence religious affairs and vice versa. In essence, secularism aims to segregate religious and governmental matters, as described by Webster's New World Dictionary.

Understanding Secularism in the Indian Constitution

• Secularism in the Preamble: The concept of secularism in the Indian Constitution, introduced by the 42nd Amendment in 1976, establishes India as a Sovereign, Socialist, Secular, and Democratic Republic.
• Equality of All Religions: Secularism ensures that the State does not show favoritism towards any specific religion, guaranteeing equal treatment and protection of individuals from all religious backgrounds.
• Freedom of Religion: Individuals have the freedom to practice, profess, and propagate any religion without interference from the State. The State does not impose any particular religion on its citizens.
• Non-establishment of Religion: The State remains neutral and does not endorse any official religion, refraining from supporting specific religious beliefs or practices.
• Equal Protection: Secularism ensures that all citizens, irrespective of their religious beliefs, are equally protected under the law, with discrimination based on religion being prohibited.
• Neutrality of State Institutions: State institutions, including government bodies and public offices, are expected to function without bias towards any religion, refraining from endorsing or promoting any particular religious beliefs.

Elaboration on Secularism in the Indian Constitution

• Article 14: This article guarantees equality before the law and equal protection of the laws for all citizens, ensuring no discrimination based on religion.
• Article 15: Prohibits discrimination on various grounds such as religion, race, caste, sex, or place of birth, emphasizing that no citizen shall face discrimination on these bases.
• Article 16: Ensures equal opportunities in public employment and prohibits discrimination based on religion, race, caste, sex, descent, place of birth, or residence.
• Articles 25-28: Guarantee the right to freedom of religion, allowing individuals to freely practice, profess, and propagate any religion, while also safeguarding the interests of religious minorities.
• Article 44: Directs the State to work towards implementing a Uniform Civil Code across India to promote secularism and equality among citizens.
• Article 46: Focuses on promoting the educational and economic interests of marginalized sections of society, aiming to prevent social injustice and exploitation.
• Article 51A (e): Encourages citizens to foster harmony and a sense of common brotherhood transcending religious, linguistic, and regional diversities.

Understanding the Indian Model of Secularism

• The Indian approach to secularism differs from other models by acknowledging the right of individuals to practice their religions freely while also recognizing the establishment and maintenance of religious educational institutions.
• Unlike some other forms of secularism, the Indian model does not enforce a strict separation between the state and religion. It embraces the diverse and multi-religious fabric of Indian society.
• India's secularism permits the state to engage with religions without seeking to dominate or eradicate them. While the state remains impartial towards any specific religion, it provides official recognition and respect to religious communities.
• Secularism in India is about striking a balance between various values and maintaining a principled distance. This involves navigating through different, sometimes conflicting, yet equally significant principles in a contextually sensitive and politically negotiated manner.
• The core aim of secularism in India is to ensure that every citizen can lead a life of freedom, liberty, and happiness. Advocates of secularism must approach this ideal with ethical intent, fostering a society where individuals from diverse religious backgrounds can coexist harmoniously.

Key Principles of Indian Secularism

• Freedom of Religious Practice: Individuals have the liberty to practice any religion of their choice without interference.
• Non-Association with Any Religion: The state maintains neutrality towards any specific religion, aligning closely with Western secularism concepts.
• Equal Respect for All Faiths: Indian secularism uniquely commits to honoring all religions with equal regard.

Historical Perspectives on Indian Secularism

• During the Constituent Assembly discussions in post-independence India, the consensus emerged that India would be a secular state. The emphasis was on preventing discrimination based on religion rather than being anti-religious.
• Two predominant views on secularism emerged post-independence: Gandhi's 'Sarva Dharma Sambhav,' advocating for equality among all religions and their integration into public life, and Nehru's 'Dharma Nirpeksha,' stating that religion should remain a private affair and not dictate public matters. Indian secularism evolved to reflect a blend of both perspectives.

Secularism and the Constitution of India

• Introduction to the Preamble
  • The Indian Constitution's Preamble establishes India as a Sovereign, Socialist, Democratic Republic.
  • The terms "socialist" and "secular" were incorporated into the Preamble through the 42nd amendment.
• Significance of the Preamble
  • The Preamble encapsulates the essence of the entire constitution, reflecting its core values.
  • The arrangement of words in the Preamble holds importance due to India's diverse society, aiming to prevent divisions that could threaten national unity.
• Key Features of Secularism in the Indian Constitution
  • State Neutrality: The state remains independent of any specific religion.
  • Equal Treatment: Individuals have the freedom to practice any religion without state bias.
  • Non-Discrimination: No individual faces bias based on religion or faith.
  • Right to Office: Every citizen can hold state office, emphasizing religious tolerance.
  • Fraternity and Unity: Secularism aims to foster unity and dignity among Indian citizens.
• Judicial Interpretations and Clarifications
  • The Supreme Court's rulings, such as in the case of Bal Patil and Anr. v. Union of India, stress state impartiality towards religions.
  • Secularism's politicization necessitates efforts towards depoliticization and civil society involvement.
• Constitutional Provisions Reflecting Secularism
  • Articles 14, 15, 16, 25, 26, 27, 28, 29, 30, Article 44, and IVA (clause (e)) embody the principles of secularism.
  • These articles ensure equality, freedom from discrimination, and protection of individual rights across religions.
• Religious Freedom and State Regulations
  • Articles 25 to 28 guarantee religious freedom with certain exceptions for public order maintenance.
  • The State can regulate secular activities associated with religions but cannot interfere in religious affairs.
• Social Reforms and Religious Practices
  • Legal interventions for social reform, such as prohibiting certain practices, aim to eliminate social evils rather than essential religious aspects.
  • The Uniform Civil Code, permitted by Article 25(2)(b), strives for uniform laws irrespective of religious beliefs.
• Judicial Interpretations on Secularism
  • Court cases like Indira Nehru Gandhi v Raj Narain and S.R. Bommai v. Union of India further define secularism, emphasizing state neutrality and political party impartiality towards religions.

Role of Indian Judiciary in Shaping Secularism

The concept of secularism in India is not static but rather subject to evolving interpretations by the courts, as demonstrated in various landmark cases:

• In Sardar Taheruddin Syedna Sahib v. State of Bombay (AIR 1962 SC 853), the Supreme Court highlighted the secular nature of Indian democracy, emphasizing its significance as perceived by the founding fathers through Articles 25 and 26 of the Constitution.
• Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461) solidified secularism as an essential component of the basic structure of the Constitution. The court underscored that the secular character forms the essence of the Constitution and is integral to its foundational principles.
• Bommai v Union of India (1994) provided a definition of secularism as equal treatment of all religions. The court stressed that the insertion of the term 'secular' in the Preamble by the 42nd Amendment underscores the importance of fundamental rights guaranteed in Articles 25-28, while also emphasizing that using religion for political purposes violates the state's neutrality.
• Ismail Faruqi v Union of India (1994) upheld the state's authority, under eminent domain, to acquire property belonging to religious communities.
• Aruna Roy v Union of India (2002) highlighted that secularism entails the state's obligation to refrain from discriminating against individuals based on religious differences.
• Abhiram Singh v. C D Commachem (2017) clarified that secularism does not necessitate complete separation of religion from politics, but rather mandates equal treatment for all religions. The court asserted that secularism forms an integral part of the Constitution's basic structure and cannot be amended. It ensures the equality of all religions and is intertwined with the functioning of a democratic state, promoting tolerance and safeguarding marginalized groups.

Conclusion

• In conclusion, the term "secular" in the Indian Constitution signifies the nation's dedication to fostering a state that does not show preference to any specific religion, guarantees equal treatment for all citizens regardless of their religious affiliations, and fosters a culture of tolerance and harmony among various religious communities.
• The Indian judiciary has steadfastly upheld secularism as a fundamental principle, recognizing its crucial link to democracy, equality, and the safeguarding of individual rights.