This article is written by Guriya Kumar, a student of B.COM LL.B., 5th year, who is pursuing her course from KK Law College, BIharsharif, Nalanda, Bihar.
the Indian Constitution more apparent. No religion is given special status in India as a state. There is no such thing as an Indian state religion. This distinguishes it from theocratic regimes such as the Islamic Republic of Pakistan and other Islamic countries. Secularism is a fundamental principle of the Indian Constitution’s basic structure.
These word ‘’WE, THE PEOPLE OF INDIA Having solenmnly resolved to constitute India into a SOVEREIGN ,SOCIALIST SECULAR DEMOCRATIC REPUBLIC ’’.
In india, all individuals , regardless of their religion , have the right to use public services such as hospitals, schools ,police fire, and transportation. No one has the right to be denied access to these services because of their religious belief or practices . The state also grants people the right to conversion, allowing any relesion of their choosing .
Secularism is founded on the separation of religion with state matters. It guarantees the religious groups’ that there will be no interference by the state in the religious matter and it also requires the state to refrain from adopting any particular religious views. But in recent time Secularism has fallen into disruption. Justice Virkamjit Sen said, “India is a secular country but I don’t know till how much time it will be.”
Secularism is the constitutional principle according to which political and religious institutions are separated into different realms, the political authority is neutral toward religions and faiths as well as non-religion, and the constitutional principles, laws, and policies of the state are justified not with reference to any specific religion, but with reference to secular reasons. In short, secularism refers to the ‘worldliness’ of the political authority, in accordance with the origin of the word ‘secular’. Since the state affairs are by definition worldly and mundane, interfering in the sacred or religious affairs or making religion a point of reference or a source of justification, as well as interferences by religious authorities into the political would conflict with the principle of secularism and in turn decrease the legitimacy of the state. Secularism is manifest in unique ways. Some constitutions, like that of France, adopt the ‘separation’ as the main definition of secularism. Constitution of the United States, on the other hand, adopts a ‘non-establishment’ clause in its First Amendment, which forbids the Congress from making laws “respecting an establishment of religion”. Many constitutions emphasize the ‘neutrality’ aspect of secularism, and again many polities refer to ‘freedom of conscience’ alongside with a principle of secularism. In fact, all these different principles come ‘as a package’ and can be included in the principle of secularism.
Secularism is not always adopted in accordance with the definition above. The most obvious example can be theocracy, a system of government which is based on a specific interpretation of a specific religion. Iran and Saudi Arabia can be given as examples of theocracy. However, not all systems that are not secular are theocracies. The state itself may not be based on religion, but it may involve direct control or subordination of one or more religions in the country by the political authority. State control of religion is simply known as erastianism, and Turkey, with its ministry of religious affairs, can be an example for this category. Another category would be caesaropapism, which is simply the unity of the head of state and head of the church (religion) in one person. This was most typically the case with the Byzantine Empire,
yet it is a good example to contrast with the separation principle of secularism. Finally, a state may not be controlling, or justifying its authority with reference to any religion, but it may adopt a secularist agenda, actively seeking to reduce the influence of religion in the country or the religiosity of its citizens. Communist Albania is one of the more extreme cases in which this category applies. All these examples of non-secular states contradict with one or more tenets of secularism described above.
Meaning of Secular
Secularism in the true sense is a belief system that separates religion from state and its civic affairs. The word ‘secularism’ originated in late medieval Europe. The introduction of the word “secular” by the 42nd amendment simply made the secular nation of the Indian Constitution more apparent. No religion is given special status in India as a state. There is no such thing as an Indian state religion. This distinguishes it from theocratic regimes such as the Islamic Republic of Pakistan and other Islamic countries. Secularism is a fundamental principle of the Indian Constitution’s basic structure.
Positively, India advocates secularism by granting equal religious freedom to all religions. It stands for all citizens’ right to freedom. Explaining the meaning of secularism as adopted by India, Alexandrowics writes, “India as a secular state guarantees constitutionally, freedom of religion to all persons and does not assign a special position to any particular religion.’’
‘secular’ means “concerned with the affairs of this world; not spiritual nor sacred.“ But the way it was used by politicians including Mulayam Singh Yadav, Lalu Prasad and the Gandhi family, to name a few, it seemed to mean pandering to particular religious communities for votes. Ironically enough the person who they described as not being secular but divisive, comes out being the most temporal according to the dictionary interpretation.
From the beginning, Modi’s plank was development for all, regardless of race, religion or caste. And to the chagrin of some Hindu priests and politicians, he even said that India should build more toilets not temples. In almost every task he has undertaken for the benefit of Gujarat from building roads, laying pipe lines for water, getting electricity to villages and bringing in industry and jobs, speaks of a man whose personal religion is work and to getting things done. He seems almost driven by a desire to improve lives, thereby laying the foundation for a stronger and more confident India.
The concept of secularism or secular state was always present in the minds of the framers of the Constitution, that’s why the freedom of religion has been kept as a fundamental right, so by this amendment what was implicit made explicit.
The Preamble of the Indian Constitution, “We the people of India …”. This sentence encapsulates the essence of secularism. In this sentence, no specific religion is mentioned. The State also prohibited from discriminating against anyone based on religion, class, race, sex, or place of birth under Articles 15 and 16. The right to freedom of religion was enshrined in Articles 25-28, which applies not only to citizens but also to all people living in India’s territory.
These articles focus on religious freedoms along with some reasonable restrictions. Every Indian citizen has the full right to practise his or her religion, as well as to encourage and spread it. However, discrimination between people cannot be made based on religion in public life. Article 30 grants all
minorities the right to create educational institutions of their choice based on religious and linguistic standards.
In Kesavananda Bharati v. the State of Kerala reaffirmed that secularism was a part of the fundamental structure, his viewpoint was enshrined in the case of “S.R. Bommai vs Union of India”. The judges in the S.R. Bommaies case goes on to explain “that the Indian Constitution’s principle of secularism is broadly compatible with the First Amendment of the United States Constitution.”
In “Sardar Syedna Taher Saifuddin Saheb v. the State of Bombay”, the Supreme Court for the first time expressed its views on the Constitution’s secular nature, holding that: Article 25, and 26 embody the principle of religious freedom.” In Mohd. Hanif Qureshi v. the State of Bihar, this case is known as the “Qureshi Cow-Slaughter case”, the Supreme Court held that “the State ban of cow slaughter did not violate the religious rights of Muslims”.
S.R Bommai v. Union of India
The principle laid down in the Kesavananda Bharati case was reiterated in 1994 in the case of S.R Bommai v. Union of India. The Supreme Court cleared the doubt over the word ‘secularism’ in the Constitution. The Court held that a secular nature of a society does not make it an atheist society. Secularism makes society more heterogeneous. The law of a secular nation provides equal status to all religions and does not favour or discriminate against anyone.
Ahmedabad St. Xavier’s College v. State of Gujarat
In the landmark case of Ahmedabad St. Xavier’s College v. State of Gujarat, the Supreme Court held that secularism neither means anti-God nor pro-God. It ensures that nobody shall be discriminated against based on religion. Secularism, therefore, eliminates the concept of God in matters of the state.
“Minority’’ status to any religion goes against the true nature of Secularism’’ (Compare to the other states)?
Secularism in India Vs. Secularism in West
| INDIAN SECULARISM | WESTERN SECULARISM |
| Indian citizens are given a fundamental right to religion however, this right is subject to public order, morality and health. | In the West, typically The USA, the state and religion are separated and both don’t interfere in affairs of each other |
| There is no one religion that dominates Indian society as a citizen is free to practice, profess and propagate any religion | Christianity is the most reformed, caste neutral and single dominant religion in the state |
| India, with its outlook, focuses on intra-religious aspects and try to remove the stigma (if any) attached with any religion on the society | West doesn’t focus on intra-religious aspects of Christianity and let the religion act on the society as it is |
| Due to accessibility to many religions, there are inter-religious conflicts and the Indian government has to intervene to maintain peace and harmony | Since Christianity is the one dominant religion, the focus is less on inter-religious conflicts |
| In India, due to the presence of multiple religions and multiple communities, the government has to focus on both. Example, Article 29 grants protection to both religious minorities as well as linguistic minorities. | West, by far, focuses on the equality and harmony among the people of the same religion |
| With the presence of multiple religion, the role of religious bodies also gets enhanced and it furthers their role in Indian politics | The role of religious bodies is very small in national politics |
| Indian states can aid religious institutions | States don’t aid religious institutions in the West |
Conclusion
India is one of the 96 secular nations that provides equal protection to all religions. It encourages and assists its citizens in adhering to a religion and its practices. However, there are instances when it is necessary to intervene and implement beneficial reforms for the betterment of society. In regards to the recent judgments, a very important question has been raised: Is it important for the court to decide the constitutionality of religious practice to establish a right even when it does not harm the majority section of the society
References
- • https://indianexpress.com/article/research/anant-kumar-hegde-secularism-constitution-india-bjp-jawaharlal-nehru-indira-gandhi-5001085/
- • https://www.secularism.org.uk/what-is-secularism.html
- • https://blog.ipleaders.in/freedom-of-religion-under-the-indian-constitution-2/
- • https://www.degruyter.com/document/doi/10.1515/9780822388418-017/html
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