Shades of Constitutional Secularism
Introduction
I would like to speak about the words secular and theocratic first. The word secular
has the synonym profane, non religious etc. But theocratic is the direct opposite of
the word secular. Secularism is a policy where we can say that a state does not
follow any religion as its official religion. Theocracy is a policy in which the same
state has an official religion. So it is compulsory that everyone in the state should
follow it. There are a lot of countries in which the state has an official religion. For
instance, Saudi Arabia, Pakistan, Malaysia etc. India is the greatest example for a
secular state.
Preamble of the Constitution v. Secularism
The preamble of the Constitution which starts with the word ‘We the people of
India….. ‘ states about the word 'Secular'. I have already mentioned above that
secular means non-religious or profane. So India is a state which doesn’t have a
specific religion as its official religion.
The preamble covers the basic rules of our Constitution 1. It is the key to the minds
of the framers of the Constitution.2 The 42nd Amendment of the Constitution of
India in 1976, the word Secular was added to the Constitution.3
Important Judgments
The most important case laws in the history of India about secularism are as
follows:
Kesavananda Bharati v. State of Kerala4
In 1973, in the Kesavananda Bharati v. State of Kerala judgment, the Supreme
Court of India held that secularism is a part of the basic structure of the
Constitution. Further, it was held that elements that constitute the basic structure
cannot be amended by the Parliament.
1
Kesavananda Bharati v. State of Kerala
2
S.R Bommai v. Union of India
3
https://byjus.com/free-ias-prep/secularism/
4
Dr. J. N. Pandey, CONSTITUTIONAL LAW OF INDIA, (2021).
, S.R Bommai v. Union of India5
The principle laid down in the Kesavananda Bharati case was reiterated in 1994 in
the case of S.R Bommai v. Union of India. The Supreme Court cleared the doubt
over the word ‘secularism’ in the Constitution. The Court held that a secular nature
of a society does not make it an atheist society. Secularism makes society more
heterogeneous. The law of a secular nation provides equal status to all religions
and does not favour or discriminate against anyone.
Western-Secularism and Indian-Secularism
In the West, the State is separate from the functioning of all religious institutions
and groups. Secularism in India means that the state is neutral to all religious
groups but not necessarily separate.
The state believes in total non-interference of religion. The state is allowed to
curtail the rights of citizens if religion is causing hindrance in the functioning of
the state. In India, the concept is not restricted to the question of how religious
groups should be treated. Instead, the essence of secularism lies in forging a
positive relationship between the state and religion.
The Western concept of Secularism does not believe In an open display of religion
except for places of worship. In India, all expression of Religion is manifested
equally with support from the state.
The distinction between state and religion is clear and set in stone. There is no
clear distinction between the state and religion in India.
The concept of secularism first came about in the mid-17 th Century concepts of
Enlightenment which were enshrined first in the Constitution of France following
the French Revolution (5 May 1789 – 9 November 1799). Although the
concept of secularism was rudimentary practised in ancient and medieval India, the
term secularism was enshrined in the Constitution of India with the 42 nd
Amendment Act, 1976.
5
Dr. J. N. Pandey, CONSTITUTIONAL LAW OF INDIA, (2021).
Introduction
I would like to speak about the words secular and theocratic first. The word secular
has the synonym profane, non religious etc. But theocratic is the direct opposite of
the word secular. Secularism is a policy where we can say that a state does not
follow any religion as its official religion. Theocracy is a policy in which the same
state has an official religion. So it is compulsory that everyone in the state should
follow it. There are a lot of countries in which the state has an official religion. For
instance, Saudi Arabia, Pakistan, Malaysia etc. India is the greatest example for a
secular state.
Preamble of the Constitution v. Secularism
The preamble of the Constitution which starts with the word ‘We the people of
India….. ‘ states about the word 'Secular'. I have already mentioned above that
secular means non-religious or profane. So India is a state which doesn’t have a
specific religion as its official religion.
The preamble covers the basic rules of our Constitution 1. It is the key to the minds
of the framers of the Constitution.2 The 42nd Amendment of the Constitution of
India in 1976, the word Secular was added to the Constitution.3
Important Judgments
The most important case laws in the history of India about secularism are as
follows:
Kesavananda Bharati v. State of Kerala4
In 1973, in the Kesavananda Bharati v. State of Kerala judgment, the Supreme
Court of India held that secularism is a part of the basic structure of the
Constitution. Further, it was held that elements that constitute the basic structure
cannot be amended by the Parliament.
1
Kesavananda Bharati v. State of Kerala
2
S.R Bommai v. Union of India
3
https://byjus.com/free-ias-prep/secularism/
4
Dr. J. N. Pandey, CONSTITUTIONAL LAW OF INDIA, (2021).
, S.R Bommai v. Union of India5
The principle laid down in the Kesavananda Bharati case was reiterated in 1994 in
the case of S.R Bommai v. Union of India. The Supreme Court cleared the doubt
over the word ‘secularism’ in the Constitution. The Court held that a secular nature
of a society does not make it an atheist society. Secularism makes society more
heterogeneous. The law of a secular nation provides equal status to all religions
and does not favour or discriminate against anyone.
Western-Secularism and Indian-Secularism
In the West, the State is separate from the functioning of all religious institutions
and groups. Secularism in India means that the state is neutral to all religious
groups but not necessarily separate.
The state believes in total non-interference of religion. The state is allowed to
curtail the rights of citizens if religion is causing hindrance in the functioning of
the state. In India, the concept is not restricted to the question of how religious
groups should be treated. Instead, the essence of secularism lies in forging a
positive relationship between the state and religion.
The Western concept of Secularism does not believe In an open display of religion
except for places of worship. In India, all expression of Religion is manifested
equally with support from the state.
The distinction between state and religion is clear and set in stone. There is no
clear distinction between the state and religion in India.
The concept of secularism first came about in the mid-17 th Century concepts of
Enlightenment which were enshrined first in the Constitution of France following
the French Revolution (5 May 1789 – 9 November 1799). Although the
concept of secularism was rudimentary practised in ancient and medieval India, the
term secularism was enshrined in the Constitution of India with the 42 nd
Amendment Act, 1976.
5
Dr. J. N. Pandey, CONSTITUTIONAL LAW OF INDIA, (2021).
