Secular Meaning in Constitution
Meaning of "Secular" in the Constitution of India
1. Constitutional Context
The word “Secular” was added to the Preamble of the Constitution by the 42nd Amendment Act, 1976.
Before 1976, the Constitution did not explicitly use the word “secular,” but secularism was understood from various provisions and the spirit of the Constitution.
2. What Does Secular Mean?
Secularism means no religion is given preferential treatment by the State.
The State maintains equal respect, tolerance, and treatment to all religions.
It neither promotes nor interferes with religion.
The State is neutral in matters of religion.
3. Key Features of Indian Secularism
| Feature | Explanation |
|---|---|
| Equal Respect to All Religions | The State treats all religions equally without bias. |
| Freedom of Religion | Citizens have the right to practice, profess, and propagate any religion (Article 25). |
| No State Religion | India has no official state religion. |
| Non-Interference | The State does not interfere in religious matters unless for public welfare or reform (e.g., social reform). |
| Regulation for Public Order | Religious practices can be regulated to maintain public order, morality, and health. |
4. Relevant Constitutional Provisions
Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: No person shall be compelled to pay taxes for promotion or maintenance of any particular religion.
Article 28: Freedom from attending religious instruction in certain educational institutions.
5. Difference from Western Secularism
Western secularism often means strict separation of religion and State.
Indian secularism means equal respect and protection to all religions, often termed “positive secularism” or “equal treatment” rather than strict separation.
6. Landmark Supreme Court Cases
S.R. Bommai v. Union of India (1994): The Supreme Court held secularism as a basic feature of the Constitution.
Kesavananda Bharati v. State of Kerala (1973): Affirmed secularism as part of the “basic structure” of the Constitution.
Summary Table
| Aspect | Explanation |
|---|---|
| Meaning of Secularism | Equal respect and treatment to all religions |
| Constitutional Status | Added by 42nd Amendment (1976) |
| State’s Role | Neutral, non-preferential |
| Key Articles | Articles 25, 26, 27, 28 |
| Basic Structure | Declared by Supreme Court |
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