This article has been written by Ms. Nidhisha Alajangi, a 2nd year BBA LL.B Student from SVKM Narsee Monjee Institute of Management Studies, Bengaluru.
Secularism and constitution of india
INTRODUCTION
It is evident that the concept of secularism has important and significant place in the subject matter like Political Science and Constitutional Law. Since the term secular was not added or placed in the original text of the Indian Constitution drafted by the Constituent Assembly, the essence of secularism has always been practiced in India. Like Hindu religious text, comprises of Vedas and Upanishad highlights the religious plurality of Hinduism. Similarly, during the 3rd century Indian emperor Ashoka- The Great proclaims that state would not follow any religious activity.
After the 42nd Constitutional Amendment the term Secular was added by the Parliament in the Indian Constitution. Today the Constitution in its essence reflect the concept of Secularism. Through the 42nd Constitutional Amendment India has adopted Principle of Secular State. Under this principle, the state is neither religious nor anti-religious. The state does not have any religion and they do not promote any religious activity of particular community. The state primarily believes in the principles of “Sarva Dharma Sama Bhava” meaning thereby “all religions are the same” and “Dharma nirapekshata” that means indifference of state to religion.
It is to be noted that concept Secularism has different meaning in different nations, for instance in the United States of America the secularism is understood as a separation of State from the Church. Similarly, in the United Kingdom, secularism is viewed as religious tolerance. While in Soviet Union, the secularism is viewed as anti-religious. In this way it can be said that Indian concept of secularism differs from those of the Western concept. However, the concept of Communalism- mainly focus to create a religious identity has given different perspective to the Secularism in India.
Secularism as a part of Basic Structure of Indian Constitution:
India got independence in 1947 from the Colonial British Rule. Now they aimed to undertake on a fresh and difficult effort to create an economically self-governing democracy that would treat all its people fairly. In lieu of that India was committed to the concept of secularism. The concept of secularism acquires more importance after the separation of Pakistan from India based on the religious ground. Since during the separation India was of the view that they want to develop a nation where there will be no religious identity of its citizens.
Despite the unwillingness of the Constituent Assembly to add the term ‘secular’ during the drafting of the Indian Constitution, the term was later on added by the 42nd Constitutional Amendment (1976) into the Preamble of the Constitution of India. It indicates that India as Union of states is distinct from religion and will guarantee religious freedoms to people of all religions, while not discriminating against any person on the basis of religion. Under the heads of the Fundamental Rights enshrined under Part III of Constitution of India article 25 to 28 provides individual and collective religious freedom to all the person. Nondiscrimination on the basis of religions is also assured in Article 15 and 16 of the Indian Constitution.
Thus it can be said that through its Preamble, Fundamental rights and DPSPs, India have developed themselves into secular state grounded on the belief of impartiality, justice and fairly.The concept of Secularism has been considered as one of the Basic Structure of the Indian Constitution with the emergence of the Indian Constitutional ideology of social and economic democracy. That means parliament in exercise of his power of amendment enshrined under Article 368 of the Constitution cannot amend the basic structure of secularism from the Constitutional law. It is said that religion is subject-matter of belief. While the critics may not agree, it is definitely a fact that, while India and its people have entered the globalized age, they still uphold profound religious values at the heart. Indeed, the current image of ‘Secularism’ in India is a cause of concern.
Judicial Pronouncement:
The Supreme Court of India has developed the concept of the Secularism from time to time. For instance, in the case of the Sardar Taheruddin Syedna Saheb v. State of Bombay. The Hon’ble Supreme Court for the first time discusses the concept of the Secularism. The Ld. J Ayyangar of the Hon’ble Supreme Court while discussing the Secular nature of the Constitution elucidated that the traditional view of secularism incorporating principle of religious toleration has been incorporated under the Article 25 and 26 of the Indian Constitution.
Again in the case of the Kesavananda Bharati v. The State of Kerala case, the Court held that Secularism is the basic structure of the Constitution. Highlighting the nature of the Constitution J Sikri ruled that Constitution is Secular in its character. However, in the case of the Ahmedabad St. Xavier’s College Society v. The State of Gujarat the court ruled that they were not sure about the such a nature of the Constitution. These two interpretation creates contradictory views regarding the nature of the constitution.
Finally, in the case of the S.R. Bommai v. Union of India the court laid down the modern concept of Secularism and held that secularism is the part of the basic structure of the Constitution. However, there arises a question regarding the definition of Secularism. Different judges gave their definition of Secularism, like, Ahmadi, Ld. J defined Secularism as the theory of tolerance. Further, the court taking up the discussion forward said that there is no combination of faith and practices connected with the real world. Religion’s equality and tolerance is only to the point that it allows for a spiritual life separate from secular life to be followed. The tolerance of religion is the subject matter of the state affairs. In addition, the Court ruled that any type of intrusion or invasion in religious matters is against the secular character and thus was severely not allowed to practise.
Why Secularism is needed in India:
In a culturally diverse nation like India, secularism has no substitute choice, so secularism has been embraced by the Indian Constitution. People living in the Indian Union come from various traditions; cultural or languages. To hold them united, India needed secularism. It was therefore necessary, with the right to freedom, to embrace secularism. While in India there is an effort to bring unity in diversity, the minority communities are facing inequality and minority oppression. Of course, the spirit of nationalism couldn’t be developed even after the establishment of a secular state. The obstacle to national integration is the perception of social intolerance among minorities
It cannot be denied that there is a need for secularism among the minority communities in the country to introduce a sense of nationalism. Though India has accepted the idea of a secular state, religion has actually been politicized. Religious institutions are used in the politics of elections. Therefore, by growing communalism, the idea of secularism is falling behind. Communalism is anti-democratic, so it is important to base the idea of secularism on the pursuit of democratic ideals. Politics based on faith is counterproductive to national dignity in a pluralistic society like India. Therefore, in order to create a strong democracy, the ideals of secularism, while upholding religious values, must be respected in society
CONCLUSION
India is not related to any single religious practices. Religion, however, was adopted, along with freedom of religion and secularism, as an integral part of Indian social life. A major problem facing the secular state is the increasing intervention of religion in politics. The candidates chosen for the elections are picked on the basis of faith. In the face of religious emotions, the politics of votes are cast. Therefore, they do not elect the right candidates. There are minority sects with the Hindu majority, such as Muslims, Christians, Parsis, Sikhs. Everyone has the freedom to spread his or her faith and encourage it. Despite this, there still seems to be no decrease in feelings of vulnerability among religious minorities. This makes establishing a secular culture challenging. One of the biggest problems facing secular society is India’s increasing racism. A secular society is not possible until all the cultures of the country come together more closely with a national spirit.
REFERENCES-
https://www.jetir.org/papers/JETIREW06075.pdf
https://www.jstor.org/stable/23003717
https://indianexpress.com/article/explained/indian-constitution-preamble-socialist-secular-8129656/
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening