What is a Rigid Constitution?
Secular Meaning in the Indian Constitution in detail, along with relevant case law.
1. Meaning of Secularism in Indian Constitution
Secularism refers to the principle where the State maintains neutrality in matters of religion, treating all religions equally and not favoring or discriminating against any religion.
India is a secular state, as explicitly stated in the Preamble of the Constitution (as amended by the 42nd Amendment, 1976).
Secularism in India also means:
Freedom of religion for individuals (Articles 25–28).
Equality of all religions before the law (Article 14, 15).
No State religion, and the State should not interfere with religious beliefs unless public order, morality, or health is involved.
2. Constitutional Provisions Related to Secularism
| Article | Provision |
|---|---|
| Preamble | Declares India a sovereign, socialist, secular, democratic republic |
| Article 14 | Equality before law, includes equality of all religions |
| Articles 25–28 | Freedom of religion: Right to profess, practice, propagate religion, and freedom from religious instruction in educational institutions |
| Article 15 | Prohibits discrimination based on religion, caste, sex, or place of birth |
| Directive Principles (DPSPs) | Promote secular ideals in governance and policy-making |
3. Key Features of Indian Secularism
Equal Treatment of All Religions
The State cannot favor or discriminate against any religion.
Freedom of Religion
Individuals can profess, practice, and propagate religion freely.
Non-Interference
The State may interfere only in social reform to ensure public welfare, morality, or equality.
Secularism is Positive
India’s secularism is not strict separation, but principled engagement with religion to ensure equality.
4. Important Case Laws
1. S.R. Bommai v. Union of India (1994) 3 SCC 1
Facts: State governments dismissed for alleged violation of secularism.
Held:
Secularism is a basic structure of the Constitution.
State must treat all religions equally and cannot adopt a religion.
2. Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225
Significance:
Secularism included in the basic structure of the Constitution, which cannot be amended even by Parliament.
3. A.S. Narayana Deekshitulu v. State of Andhra Pradesh (1996) 11 SCC 548
Significance:
Secularism ensures State neutrality in religious matters but allows interference for reform or public welfare.
4. Bijoe Emmanuel v. State of Kerala (1986) 3 SCC 615
Facts: Children refused to sing the national anthem due to religious beliefs (Jehovah’s Witnesses).
Held:
Right to freedom of religion is fundamental.
Secularism protects religious conscience of citizens.
5. Secularism and Its Practical Implications
Religious Freedom: Citizens can follow or not follow any religion.
Non-Discrimination: No person can be treated unfavorably based on religion.
State Policies: Laws and policies must respect religious diversity and equality.
Intervention for Social Reform:
Examples: Abolition of untouchability, banning child marriage, regulating temple administration.
6. Key Principles Established
| Principle | Explanation |
|---|---|
| Equality of Religions | State must treat all religions equally, no favoritism |
| Freedom of Religion | Citizens can profess, practice, and propagate religion freely |
| Secularism as Basic Structure | Cannot be amended or destroyed (Kesavananda Bharati, Bommai case) |
| Positive Secularism | State can intervene in religion for reform, equality, and welfare |
| Constitutional Safeguard | Articles 14, 15, 25–28 protect secular ideals |
7. Conclusion
Secularism in India is the principle of State neutrality, equality of religions, and protection of individual religious freedoms.
Recognized as part of the basic structure of the Constitution, ensuring that democracy and equality coexist with religious pluralism.
Landmark cases like S.R. Bommai, Kesavananda Bharati, and Bijoe Emmanuel have clarified that secularism is fundamental and indispensable for India’s constitutional democracy.
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