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Introduction
Secularism, a critical issue of the 21st century, navigates the complex interplay between religion and governance. In India, where religion deeply shapes societal values and identity, secularism, enshrined in the Constitution, strives to ensure equality amidst diversity. Indian secularism promotes equality among religions with state involvement, unlike Western secularism’s strict state-religion separation.After the Indian Constitution was enacted in 1950, secularism was formalized as a core principle, ensuring state neutrality and equal treatment of all religion. In this article, we will examine the constitutional perspective of secularism in India, highlighting its unique framework of state neutrality and equal respect for all religions, as enshrined in the Constitution and reinforced by the 42nd Amendment in 1976,especiallyinthecontextofthe LLB course in WestBengal.
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Historical Context of Secularism in India
Indian secularism, rooted in the ancient coexistence of diverse religions, was embraced by the Indian Constitution in 1950, formalizing state neutrality and equal respect for all faiths. Influential leaders like Gandhi and Nehru shaped its modern form, leading to distinct approaches: Gandhian secularism, emphasizing spiritual unity across religions, and Nehruvian secularism, advocating state non-interference in religious affairs, both reinforced by the 42nd Amendment in 1976 explicitly declaring India a secular state.This principle has been further elaborated through judicial interpretations, with landmark judgments clarifying the state’s role in upholding secular values while ensuring equality and freedom of religion.Even today, Indian secularism continues to evolve and grow, adapting to contemporary challenges and reinforcing its commitment to pluralism and social harmony,especiallyinthecontextofthe LLB course in WestBengal.
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Constitutional Provisions for Secularism
In the Constitution, an important part is the Fundamental Rights, specifically Articles 14, 15, and 16, which ensure that no one is discriminated against on the basis of religion, among other grounds.The Right to Freedom of Religion, enshrined in Articles 25 to 28 of the Indian Constitution, guarantees both citizens and foreigners the freedom to profess, practice, and propagate their religion, subject to reasonable restrictions for public order, morality, health, and other constitutional provisions, while fostering a secular framework that balances individual
liberties with societal harmony.The 42nd Amendment Act of 1976 added the word “secular” to the Preamble of the Indian Constitution, formally highlighting secularism for the first time, though the essence of secularism was already embedded in the Constitution through its provisions and structure.
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Judicial Interpretation and Secularism
The concept of Indian secularism has evolved through judicial interpretations, with the Indian judiciary delivering several key judgments on secularism. Among these, two landmark cases, Kesavananda Bharati v. State of Kerala (1973) and S.R. Bommai v. Union of India (1994), are particularly significant in defining and reinforcing secularism as a core constitutional principle.Both Kesavananda Bharati v. State of Kerala (1973) and S.R. Bommai v. Union of India (1994) held that secularism is a basic structure of the Indian Constitution, an essential feature that Parliament cannot remove or abrogate through amendments.
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Secularism as a Tool for National Harmony
Secularism has played a pivotal role in uniting Indian society, fostering peace and harmony by providing space for all religions to coexist and flourish.Indian secularism serves as a vital tool for national harmony, distinct from Western secularism, which is often negative in nature. Unlike Western models that strictly separate religion from the State, Indian secularism maintains equidistance from all religions, intervening only to ensure equality and harmony without directly interfering in religious matters.
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Conclusion
Indian secularism is unique because it is positive in nature, unlike French secularism, which is often negative. It provides space for all religions to flourish while maintaining equidistance from them, intervening only to ensure equality and harmony.
