This Article has been written by Nidash Prashar, a First Year Student at Rajiv Gandhi National University Of Law, Patiala.
INTRODUCTION:
The Constitution of India lays down fundamental rights which include the right to equality, freedom of religion and belief, freedom of speech and expression and all other fundamental rights. The constitution also contains a list of ” Directive Principles” which are meant to guide policy makers in the implementation of these rights. These principles are non-binding recommendations that have served as a starting point for all government policies since their incorporation into the constitution in 1950. Section 3(1) (b) states that: “All citizens shall have the right to complete equality in status and opportunities”. Under Article 14, no one can be discriminated against on grounds such as caste, creed or sex (including pregnancy). Article 15 protects freedom of thought and conscience by prohibiting discrimination based on religious beliefs or practice.”
The Indian constitution is the supreme law of India, which makes it the foundation of the constitutional system in that country. It was adopted by Parliament on 26 November 1950, after being drafted by a committee headed by B. R. Ambedkar. The Constitution came into force on 26 January 1950, but did not come into effect until after its ratification by each state legislature through its own process of constituent assembly action. Secularism is the basis of the Indian constitution. It means that a state should not discriminate on any basis other than religion, race, caste and sex. The government must abide by this law and treat all citizens equally.The government must not discriminate against any citizen on grounds only of religion, race, caste or place of birth.
Article 25 of the Indian Constitution
Article 25 of the Indian Constitution provides the right to freedom of conscience. It provides that all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
In addition to this Article, there are other laws as well that guarantee our rights related with religion:
- The Right To Equality Before Law (Article 14). This protects your rights under law when dealing with people from different communities or religions who live in India but do not share your beliefs; for example if you were born into a Hindu family but you want to marry someone who is Christian or Muslim etc., then they will be treated by government officials differently than other citizens based upon their religion so long as they follow proper procedures within those communities’ rules regarding marriage ceremonies before taking them out into public view (although there may be exceptions here). But most importantly it ensures equality among all citizens regardless of race/color/ethnicity etc.; which means no one has more rights because they belong somewhere else on earth either physically speaking spiritually speaking whatever form matters most because we’re all human beings afterall!
Secularism is not defined in detail under Indian Constitution. The term secularism was coined by George Jacob Holyoake in 1851 and adopted by All India Congress as a part of its platform. Secularism is not defined in detail under Indian Constitution. The term secularism was coined by George Jacob Holyoake in 1851 and adopted by All India Congress as a part of its platform. Secularism means to separate religion from state affairs, whereas the term ‘secular’ means anything which does not have a religious basis.The concept of Secularism was first introduced in the Indian Constitution by 42nd Amendment Act of 1976. It is said that the term came into use during the debates on the Drafting Committee Report in 1952.Secularism is a way of life, which aims at preserving the traditions and practices of a society and does not allow them to be altered.It is said that the term came into use during the debates on the Drafting Committee Report in 1952.The Constitution of India has given it its own place in our politics, saying that ‘Secular’ should mean “not partisan”. In particular, it excludes any loyalty to any particular religion or church; nor do they promote any form of discrimination on grounds only of religion (Article 15).
India is a very diverse country, with a complex cultural heritage.
India is a very diverse country, with a complex cultural heritage. It has been home to a wide range of cultures and religions since ancient times, including Hinduism, Buddhism, Jainism and Sikhism. The Constitution of India guarantees the freedom of religion to each citizen in India. The Constitution of India is the supreme law of India and states that “the State shall not deny to any person equality before the law or equal protection of laws within the territory of India” . The Constitution also states that “the State shall promote with special care the educational and economic interests of backward classes.”
The government treats all religions equally and is respectful of religious beliefs and traditions. The government does not support any religion or religious belief, nor does it interfere with religious practices.There are no official state holidays observed by the ruling party–it is up to citizens themselves to decide which day they celebrate as an official holiday. However, many people choose to observe Diwali on the same day as Holi ( Colors ) or Ganesha Chaturthi festivals.
Secularism has come under threat in India from several quarters including religious extremists, who want to impose their beliefs and values on others.
Secularism has come under threat in India from several quarters including religious extremists, who want to impose their beliefs and values on others. Secularism is the principle of the separation of government institutions and persons mandated to represent the state from religious institutions and religious dignitaries. In recent years, there have been attempts by some people to use religion as a political tool for promoting their own agendas by creating communal disharmony in society through divisive politics. Fundamentalists plan to exterminate people and threaten India’s secular fabric.
The Supreme Court in its 2015 judgment on the question of applicability of constitutional provisions to individuals defined secularism as “the state being neutral between different religions, or between religion and atheism, or agnosticism”. The court also held that secularism is a part of the basic structure of the Constitution. Secularism is the principle that government and political parties should be neutral with respect to religion, not favoring one religion over another. The Indian Constitution upholds this principle, Article 51A(a) of which provides:”The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.”
Takeaway: India is a very strong pluralistic society that respects the diversity of its citizens and believes in mutual respect between all religious communities in the country. The Indian constitution guarantees freedom of religion, but it also makes it clear that public order and morality should be maintained at all times and no person should be forced to adopt any particular faith or practice against his will.”
References:
A Secular State – Indian Polity Notes (prepp.in)
India as a Secular State (legalserviceindia.com)
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