Keywords: Religion, Justice BV Nagarathna, Chapter III, Constitution, Liberty, Article 14, Article 21
According to Justice BV Nagarathna, the constitution does not enable the state to give priority to any one religion, including the majority religion, and no religion in the country shall receive preferential treatment from the state.
While attending a book launch, she commented, “Secularism in the sense that it meant under the Indian Constitution that the State does not owe loyalty to any one religion. The State equally respects all religions. The founding fathers’ vision was that a nation transcending all diversities of religion, caste, and creed; to bring about a new social order based on justice, social, economic, and political aspects. The Constitution has sought to establish a secular order under which the religious majority of the population does not enjoy any preferential treatment at the hands of the State and religious rights of the minorities are upheld.”[1]
She also said that secularism, in India was never born due to the tussle between the state and church but its values were always engrained in the Indian society, due to its culture and rich history of pluralism.
While talking about liberty, she also mentioned that during the initial days, the Supreme Court could not follow the values laden in Chapter III of the constitution but the situation has very much changed in the later years and in the subsequent years the supreme court has interpreted the third chapter in such a way that it has expanded, particularly Article 14 and 21 to include rights of highest amplitude such as the right to bodily integrity, right to die with dignity, right to reproductive choice and so on. [2]
While commenting on various issues, she said that out of the ideals mentioned in the preamble, it is FRATERNITY that is least understood and taken care of. She believes a deeper interpretation of the term would help in deepening democratic values in the multi-religious and multi-linguistic country.
Written by- Satyanshu Sharma, College name- Rajiv Gandhi National University of Law, Patiala, Semester- 2ndAn intern under Legal Vidhiya
[1] LIVELAW, https://www.livelaw.in/top-stories/supreme-court-justice-nagarathna-secularism-integrity-constitutional-ideals-229774 (last visited on 2nd June, 2023).
[2] LAWBEAT, https://lawbeat.in/top-stories/state-owes-no-loyalty-any-one-religion-our-constitution-prohibits-preferential-treatment-religious-minority-justice-bv-nagarathna (last visited on 2nd June, 2023)
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