This article has been written by Rehana Iqbal Imani, a 2nd year law student from Balaji School of Law, Pune – 411033
Abstract
Secularism in the Indian Constitution is a foundational principle designed to protect individual rights while promoting harmony among the country’s diverse religious communities. This paper looks at how secularism has developed in India, starting from the colonial period to the framers of the Constitution, who aimed to create a system that embraces religious diversity and fosters national unity. It examines and reviews key constitutional provisions, including the Fundamental Rights and Directive Principles of State Policy, that enshrine secular values. The paper also explains the two sides of secularism—negative and positive—and highlights the important role of the judiciary in interpreting these principles through landmark cases and court decisions. Furthermore, it addresses contemporary challenges such as communal tensions, political exploitation of religion, and the balance between judicial intervention and religious autonomy. Finally, the paper highlights the interrelationship between secularism and pluralism, stressing their cultural impact and the need for ongoing commitment to secular values in an evolving society. The findings show that secularism is vital for preserving India’s democratic spirit and ensuring an inclusive environment for all citizens.
Key words: Secularism, Constitution, Pluralism, Judiciary, Rights, Democracy.
Introduction:
Secularism is a very complicated idea which is at the same time an important part of the Indian Constitution. It helps establish fairness, justice, and peace among the many different religions in the country throughout. Indian secularism takes a very different approach when it comes to religion unlike some western countries where religion and government are completely separate. India with respect to secularism tries to respect all religions while it also ensures building a united national identity. This paper aims to look at how secularism in India has developed over time, what the Constitution has to say about it, how courts interpret it, the difficulties and challenges it is facing today, and most importantly what it means for the Indian society. Towards the end, it will show why secularism is actually important for keeping democracy strong in a country with so many different beliefs.
Historical Background:
Colonial Era: The idea and roots of secularism in India started during the colonial era when British rulers and their policies exacerbated worse religious differences among various religious communities. Their “divide-and-rule” strategy employed by British rule often highlighted these religious differences, which led to heightened tensions, especially between Hindus and Muslims. This time of conflict eventually saw the emergence of communal identities, which resulted in the tragic and very painful partition of India in 1947, causing a lot of unprecedented violence and people being forced from their homes (displacement). During this difficult time or amidst this turmoil, the great leaders like Mahatma Gandhi and Jawaharlal Nehru emerged as strong advocates and worked really very hard for a secular India. Mahatma Gandhi promoted the philosophy of Sarva Dharma Sambhav, meaning equal respect for all religions, to encourage peace and unity among different communities, that is nothing but aiming to foster communal harmony and unity in the face of colonial oppression. Nehru, on the other hand, was influenced by Western ideas about secularism, and believed it was important and necessary to have a secular government so that religion wouldn’t affect how the country was run or people’s rights i.e the means of ensuring that religion did not interfere with governance or individual rights.
The Constituent Assembly: The Constituent Assembly was formed in 1946, which was a pivotal moment in shaping India’s future. The members of the constituent assembly were acutely aware of the religious diversity in India that had many different religions and cultures, so they felt that there was an urgent need to create a system that would help various communities live together peacefully. During their discussions and debates within the assembly, the assembly focused on key values and reflected a commitment to uphold the principles like freedom, equality, fraternity, liberty and brotherhood, while also recognizing the country’s diverse social and religious landscape and background. The goal of the framers was to create or sought a Constitution that would protect everyone’s rights and help all citizens feel they belonged, irrespective of their religious affiliations. This vision culminated in the adoption of a secular Constitution, which means it treats all religions equally, supporting the idea of unity in diversity.
Constitutional Provisions:
The Indian Constitution promotes secularism through different rules that keep religion separate from the government while also protecting everyone’s freedom to practise their religion.
Fundamental Rights: The Constitution’s Fundamental Rights, enshrined in Part III, is very important because it plays a crucial role in safeguarding individual liberties. Key articles of the Indian Constitution related to secularism include:
- Article 25: This article grants individuals the right to freely profess, practice, and propagate It recognizes the importance of personal faith and ensures that every citizen can follow their beliefs without state interference.
- Article 26: This article allows religious denominations the right to establish and maintain institutions for religious and charitable purposes. This provision protects the autonomy of religious communities and their ability to operate schools, temples, and other institutions.
- Article 27: This article prohibits the state from compelling individuals to pay taxes for the promotion of any religion. It reinforces the principle of separation between religion and state finances, ensuring that public funds are not used to favour any particular faith.
- Article 28: This article religious instruction in educational institutions maintained by the This provision underscores the secular nature of public education and ensures that schools do not promote any particular religious ideology.
Directive Principles of State Policy : The Directive Principles of State Policy, found in Part IV of the Indian Constitution are non-justiciable, and provide important guidelines for the government in policy-making. Although these principles cannot be enforced in court, they are meant to shape policies. One key article is Article 44, which supports the idea of a Uniform Civil Code (UCC), aiming to replace personal laws based on religious scriptures with one set of laws that applies to everyone in the country. The goal of the UCC is to promote gender equality and make sure that individual rights are not subordinate to religious practices.
Interrelationship of Fundamental Rights and Directive Principles: A balanced way of governing is highlighted by the connection between Fundamental Rights and Directive Principles in the Constitution. Individual freedoms, such as the right to speak freely, practise any religion, and be treated equally are protected by the rules called the Fundamental Rights.These fundamental rights ensure that everyone can enjoy their personal liberties without any interference from the state. On the other hand, there are Directive Principles which are generally the strict guidelines that the government should follow to create a fair and just society. These Directive Principles emphasise the well-being of all citizens, social justice and economic welfare. The principle of secularism is supported or strengthened by both Fundamental Rights and Directive Principles, which means that the government treats all religions equally and does not favour one over another. This integration ensures that while individual rights are protected, the state also works towards the overall welfare of society. This dual framework ensures that the government respects the diverse religious identities of its citizens while promoting fairness and justice for everyone.
Positive and Negative Secularism:
Indian secularism embodies two important aspects, both positive and negative dimensions of secularism: Positive secularism and negative secularism, both of which collectively contribute to its unique character.
Positive Secularism: Positive secularism refers to a model where the government is neutral in matters of religion but actively promotes and protects the rights of individuals to practice their faith freely. It supports a diverse society by ensuring that all religions are treated equally and that everyone has the freedom to express their beliefs without discrimination. This approach encourages cooperation and respect among different religious groups while maintaining a clear separation between religion and state affairs. Thus, positive secularism involves the government’s active role in promoting social justice and equality. This dimension is very important when religious practices might violate or infringe upon individual rights or perpetuate discrimination. A significant example is the Shayara Bano v. Union of India (2017) case, where the Supreme Court declared the practice of instant triple talaq unconstitutional. The Court emphasised that personal laws cannot go against fundamental rights, highlighting the state’s duty to step in when religious practices conflict with individual rights.
Negative Secularism: Negative secularism refers to the principle of strict separation between religion and government. In this model, the state does not engage with or support any religion, ensuring that no religion is favoured or given special status. The goal is to create a neutral public space where individuals can practice their beliefs freely without interference from the government. In essence, negative secularism emphasizes that religion and politics should remain completely distinct, protecting people’s rights to believe or not believe without influence from the state. Thus, negative secularism means that the government does not interfere in religious matters. This principle is evident in various judicial interpretations that uphold individuals’ rights to practice their religion freely. For example, in the Commissioner of Police v. Acharya Jagadishwarananda Avadhuta (2004) case, the Supreme Court ruled that the government cannot step into people’s religious beliefs unless there is a serious issue like a threat to public order or morality. This judgement reinforces the idea that the government should stay neutral in religious matters, letting individuals express their faith without any fear of persecution.
Judicial Interpretation and the Role of the Judiciary: The judiciary is very important in explaining and protecting the principles of secularism in the Constitution, as it is the guardian of the Constitution of India. Key court cases have helped define what secularism means and how it applies in real life. By the virtue of these landmark cases, the judiciary ensures that secular values are upheld and that everyone’s rights are respected.
Landmark Cases:
The Kesavananda Bharati (1973) case is very important because the Supreme court in this case established the basic structure doctrine. This means that secularism is a core part of the Constitution that cannot be changed, amended or removed. The Supreme Court’s decision emphasized that the judiciary must protect these fundamental values, protecting secularism from potential threats posed by political manoeuvring.
In the S.R. Bommai (1994) case, the Supreme Court again stressed the importance of secularism. The court ruled that dismissing a state government for communal reasons went against the secular principles in the Constitution. This case showed that the judiciary has a key role in making sure political actions do not disrupt communal harmony and respect for the diversity of religions in the country.
Contemporary Judicial Interpretations:
Recent judgments continue to reflect the judiciary’s commitment in upholding secularism. In the Navtej Singh Johar v. Union of India (2018) case, the Supreme Court decriminalized consensual homosexual acts. This ruling emphasized the importance of creating a secular and inclusive society that respects everyone’s rights, regardless of their sexual orientation.
Another important decision was the Supreme Court’s decision in Shayara Bano v. Union of India (2017) which exemplified the judiciary’s proactive stance in upholding secularism. The Court ruled that personal laws cannot supersede fundamental rights, reaffirming the judiciary’s role in promoting secularism through judicial interpretation. These cases highlight how secularism in India is evolving to meet modern social issues while staying true to the values of the Constitution, which is the most important thing.
Challenges to Secularism:
Even though secularism is a key part of the Indian Constitution, it faces numerous challenges that threaten its implementation and efficacy.
Communal Tensions: India has witnessed several periodic communal tensions that challenge the very essence of secularism. Historical events such as the 1984 anti-Sikh riots and the 2002 Gujarat riots are serious examples of violence caused by communal conflict. These incidents highlight the fragility of communal harmony and the urgent need for effective measures to address grievances and encourage dialogue between different communities. Additionally, the rise of identity politics, where political parties leverage religious sentiments to gain votes, further complicates the secular background. This trend undermines the state’s neutrality and raises concerns and questions about its commitment to maintain secular principles.
Political Instrumentalization: The use of religion for political gain or Political instrumentalization of religion poses a significant challenge to secularism in India. Various political parties have exploited religious sentiments to win elections, blurring the lines between religion and state, which makes it hard to separate religion from government. This manipulation can lead to the marginalization of minority communities and deepen divisions between different groups. For instance, the promotion of Hindutva ideology by certain political parties has raised concerns about the weakening of secular values. This ideology often prioritizes and focuses on the interests of the Hindu majority, which can lead to potentially marginalizing religious minorities and threaten the secular foundation of the country.
Judicial Overreach: The issue of judicial overreach in religious matters is another challenge to secularism in India. While the judiciary plays a crucial role in upholding individual rights, there is ongoing debate about the extent to which it should intervene in religious affairs. Some argue that judicial interventions can infringe upon the autonomy of religious communities. This can create tension between maintaining secularism and respecting religious freedom. The judiciary has a very important and delicate responsibility, which often leaves it overburdened with cases and challenges. Thus finding the right balance between upholding secularism and allowing religious autonomy is a constant struggle for the Indian judiciary.
Secularism and Pluralism: Pluralism means accepting and valuing different cultures, beliefs, and lifestyles in a society. It encourages people to live together peacefully, even if they have different backgrounds or ideas. In short, pluralism is about celebrating diversity and respecting everyone’s differences. Secularism and pluralism are interrelated concepts that coexist within the Indian context. While secularism ensures that the state remains neutral and does not favour any religion. Whereas Pluralism on the other hand acknowledges and respects the diversity of beliefs and practices among various communities.Together, these concepts create an atmosphere where everyone can coexist peacefully, celebrating their differences while ensuring that the state treats all religions equally.
Interrelation of Secularism and Pluralism: India’s secular framework fosters a pluralistic society where different religious beliefs can live together peacefully and harmoniously. This relationship is vital in creating an inclusive national identity that welcomes diversity while protecting individual rights. The recognition of multiple faiths within the secular framework strengthens social unity and encourages mutual respect among various different communities.
Cultural Impact: The influence or the impact of secularism extends beyond just laws and legal provisions; it permeates various aspects of Indian culture, art, and education. Secular initiatives in the educational sector i.e in the schools aim to promote values of tolerance, respect, and living together peacefully among students from different religious backgrounds. Such initiatives contribute to the development of a new generation that appreciates diversity and promotes harmony among communities. When it comes to art and literature, many writers and artists explore themes of unity in diversity- the secular ethos of Indian society. Many writers and artists also draw upon themes of promoting narratives that celebrate pluralism while challenging communalism. This cultural expression strengthens the idea that secularism is important for building social cohesion and harmony in society.
The Future of Secularism in India: As India moves forward or progresses, the relevance of secularism becomes even more greater and critical. The challenges of globalization, technological advancements, and shifting social dynamics require us to rethink and adapt secular principles to ensure that they adapt to contemporary realities. This reevaluation is essential to ensure that secularism continues to meet the needs of modern society and helps maintain harmony among diverse communities.
The Role of Education: Education plays a pivotal role in promoting secular values among the younger generation. By fostering critical thinking and encouraging dialogue among diverse communities, educational institutions such as schools and universities can help cultivate a sense of respect and understanding for different religious beliefs. Incorporation and inclusion of secular values into the curriculum is essential for raising a generation that appreciates diversity and learns to live harmoniously with others.
Strengthening Legal Frameworks: To uphold secularism effectively, there is a need for robust legal frameworks and strong laws that address contemporary issues related to religion and governance. For example, the implementation of a uniform civil code (UCC), could help mitigate inequalities found in personal laws and promote fairness for all genders across different communities. This would ensure that everyone is treated equally under the same legal standards, regardless of their religion.
Promoting Interfaith Dialogue: Encouraging interfaith dialogue and community engagement can also play a significant role in strengthening secularism. Programs and Initiatives that bring together individuals from different religious backgrounds to discuss common values and challenges can help close gaps and build a culture of mutual respect. This kind of dialogue fosters understanding and harmony among different communities.
Conclusion:
Secularism in the Indian Constitution represents a complex interplay of rights, duties, and social justice. It serves as both a legal framework and a sign of the country’s dedication to diversity and peaceful coexistence. Although there are a lot of challenges, including communal tensions and political exploitation, the principle of secularism remains a guiding force in India’s democratic journey. As the nation continues to evolve, the ongoing commitment to secularism will be crucial in ensuring that India remains a harmonious and inclusive society, where all citizens can live together with dignity and respect.
References:
- D. Basu, Introduction to the Constitution of India (LexisNexis 2015).
- Sujit Choudhry et , The Oxford Handbook of the Indian Constitution (Oxford University Press 2016).
- Partha Ghosh, Secularism and Its Discontents: The Indian Context (Routledge 2018).
- A. Khan, Understanding Secularism in India: A Critical Analysis, 5 J. S. Asian Stud. 45 (2019).
- Nair, Secularism in India: An Overview, 52 Econ. & Pol. Wkly. 12 (2017).
- Sharma, The Role of Judiciary in Upholding Secularism in India, 81 Indian J. Pol. Sci. 123 (2020).
