Secular Meaning in Constitution

Secularism in the Indian Constitution, enshrined in the Preamble and various articles, underscores the nation’s commitment to a state free from religious favouritism. With explicit mention in the Preamble since the 42nd Amendment, it emphasizes equality, non-discrimination and the right to religious freedom for all citizens.

Through key articles, the Constitution seeks to ensure a harmonious society where diverse religious beliefs coexist, promoting the core principles of equality and fraternity.

Meaning of Secularism

Secularism means that the government doesn’t favour any specific religion. It involves respecting individuals’ personal beliefs and allowing them to follow their religions freely. According to the British Encyclopedia, secularism is described as non-spiritual. It doesn’t mean rejecting all religions (atheism) but rather having equal respect for all religions and the government doesn’t adopt any particular religion.

In simpler terms, secularism ensures that the political system is separate from religious influence. People of different faiths can peacefully coexist in the state. Every citizen has the right to live according to their religion without interference.

In the Indian context, there are three main perspectives on secularism. First, the liberal ideology aligns with the Western concept, advocating for a complete separation of politics and religion. The second perspective, transformationalist ideology, focuses on social, economic and political development. It suggests that religion should be a private matter and encourages a scientific mindset among individuals.

The fundamental principle of a secular state is that there should be no interference between religion and the government and vice versa. This means that the state doesn’t influence religious matters and religion doesn’t dictate state affairs. Simply put, secularism aims to separate religious and government matters, as Webster’s New World Dictionary states.

What is the Meaning of Secular in Constitution?

In the context of the Indian Constitution, the term “secular” is used in the Preamble to describe one of the fundamental principles on which the country is founded. The term was added by the 42nd Amendment in 1976. The Preamble declares India to be a Sovereign, Socialist, Secular and Democratic Republic. Here’s how secularism is generally understood within the Indian Constitution:

• Equality of All Religions: Secularism in the Indian Constitution implies that the State does not favour any particular religion. It ensures equal treatment and protection of the rights of individuals belonging to different religions.
• Freedom of Religion: Individuals have the right to practice, profess and propagate any religion of their choice without interference from the State. The State does not impose any particular religion on its citizens.
• Non-establishment of Religion: The State does not have an official religion. It remains neutral and does not identify with or support any specific religious beliefs or practices.
• Equal Protection: Secularism ensures that all citizens, regardless of their religious beliefs, receive equal protection under the law. Discrimination based on religion is not permitted.
• Neutrality of State Institutions: State institutions, including the government and public offices, are expected to operate without bias towards any religion. State authorities are not supposed to endorse or promote any particular religious beliefs.

Several articles in the Indian Constitution elaborate on the concept of secularism:

• Article 14: Ensures equality before the law and equal protection of the laws for all citizens, without discrimination based on religion.
• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. It emphasizes that the State shall not discriminate against any citizen on these grounds.
• Article 16: Ensures equal opportunities in matters of public employment and prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth or residence.
• Article 25-28: Guarantee the right to freedom of religion, allowing individuals to freely profess, practice and propagate any religion. These articles also protect the interests of religious minorities and provide freedom to manage religious affairs.
• Article 44: Directs the State to endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India, aiming to promote secularism and equality.
• Article 46: Promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections, with special provisions to prevent their social injustice and exploitation.
• Article 51A (e): Encourages every citizen to promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversities.

Indian Model of Secularism

The Indian model of secularism not only supports the right of individuals to practice their religious beliefs but also recognises the right of religious communities to establish and maintain educational institutions.

Unlike some other models, Indian secularism doesn’t create a strict separation between the state and religion. Instead, it acknowledges the diverse and multi-religious nature of Indian society. It is concerned not only with issues within individual religions but also with the interactions and influences between different religions.

This model allows the state to engage with religions without aiming to control or eliminate them. While the state is not aligned with any specific religion, it officially recognises and grants public acknowledgment to religious communities.

The Indian approach to secularism involves balancing multiple values and maintaining a principled distance. This means that the state strives to weigh different, sometimes ambiguous, yet equally important values. It’s not a rigid, one-size-fits-all doctrine; instead, it is a contextual, ethically sensitive and politically negotiated arrangement.

Secularism in India aims to ensure that every citizen can fully enjoy life, liberty and happiness. However, those who advocate for secularism must approach this ideal with a sense of ethical purpose when interacting with their fellow citizens. It’s about fostering a society where people of diverse religious backgrounds can coexist and thrive together.

Independent India embraced specific ideas of secularism, including:

1. Freedom of Religious Practice: The state allows individuals the freedom to practice any religion of their choice.

2. Non-Association with Any Religion: The state does not align itself with any particular religion, following a concept similar to the Western idea of secularism.

3. Equal Respect for All Faiths: This is an innovative idea unique to Indian secularism. The state is committed to honoring all religions equally.

Justice P.B. Gajendragadkar, former Chief Justice of India, emphasised that the state, while not subscribing to any particular religion, is not anti-religious. He affirmed equal freedom for all religions. The absence of the term “secular” in the constitution was deliberate and aimed at preventing discrimination based on religion.

The Western concept of secularism originated in the 19th century, with the term coined by British reformer Jackob Holyoke in 1851. He envisioned a social order separate from religion without criticising religious beliefs.

In India, the Constituent Assembly discussions highlighted the consensus that India was to be a secular state. The assembly clarified that Indian secularism was not anti-religious; rather, it aimed to prevent discrimination based on religion.

Member of the Constituent Assembly, Mr. H.V. Kamath, clarified that a secular state does not mean an irreligious or anti-religious state. Dr. B.R. Ambedkar explained that a secular state acknowledges religious sentiments but does not impose any particular religion on the population.

Post-independence, two prominent views on secularism emerged: Gandhi’s ‘Sarva Dharma Sambhav,’ emphasising equality for all religions and the integration of religion into public life and Nehru’s ‘Dharma Nirpeksha,’ asserting that religion should be a private matter and not guide public life. A new concept of secularism, closer to the views of both Gandhi and Nehru, evolved in independent India.

Secularism and the Constitution of India

The Preamble of the Indian Constitution aims to establish India as a Sovereign, Socialist, Democratic Republic. The terms “socialist” and “secular” were added to the Preamble by the 42nd amendment.

The Preamble serves as a summary of the entire constitution, reflecting its spirit. The arrangement of words in the Preamble is significant. Given India’s diverse and multi-religious society with various castes and religions, these differences can be divisive if not handled carefully, posing a threat to the unity and integrity of the nation.

Secularism, as envisioned by the Indian Constitution, has distinct features:

1. State Neutrality: The state does not identify with or be controlled by any particular religion.

2. Equal Treatment: While individuals have the right to practice any religion, the state does not show preferential treatment to any religion.

3. Non-Discrimination: No person is discriminated against by the state based on their religion or faith.

4. Right to Office: Every citizen, subject to general conditions, has the right to enter any state office and religious tolerance is fundamental to secularism.

5. Fraternity and Unity: Secularism aims to create a fraternity among the Indian people, ensuring both individual dignity and national unity.

The Supreme Court, in the case of Bal Patil and Anr. v. Union of India, emphasised that the state has no religion and must treat all religions and their followers equally, respecting individual rights of religion, faith and worship.

Secularism in India, however, has become politicised and efforts are needed to depoliticise it and move it into the domain of civil society. While the term “secular” was added to the Preamble in 1976, the Constitution’s provisions in Articles 14, 15, 16, 25, 26, 27, 28, 29, 30, Article 44 and IVA (clause (e)) reflected the existence of secularism from the outset.

The Supreme Court of India, in the case of Indira Nehru Gandhi v Raj Narain (AIR 1975 SC 2299), clarified that secularism means the state should have no religion of its own. Every person in the country is equally entitled to the freedom of their conscience and has the right to freely profess, practice and propagate any religion.

Even before 1976, the Indian Constitution ensured equal rights and freedom from discrimination for people of all religions. Article 14 guarantees equality before the law and equal protection of laws to all citizens. While reasonable classifications are allowed, everyone should be treated alike.

The Constitution prohibits the state from discriminating against any citizen based on religion, race, caste, sex, place of birth or any other ground. Article 15(1) and Article 15(2) specify that no citizen should face disability, liability, restriction or condition in places of public access or use of public facilities on grounds of religion or other factors.

Article 16(1) establishes equal opportunity for all citizens in employment under the state, while Article 16(2) reinforces this by stating that no citizen shall be ineligible or discriminated against in employment or state office based on religion, race, etc.

India’s pluralistic and multi-religious nature led the framers of the Constitution to adopt the concept of religious neutrality and confer religious freedom to various groups. The Constitution emphasises religious tolerance and equal treatment for all religious groups.

Articles 25 to 28 of the Indian Constitution underscore the principles of religious freedom without interference, with certain exceptions. Article 25 guarantees every person the right to freely profess, practice and propagate their religion. The term ‘any person’ in Article 25 reflects that voluntary conversion from one religion to another is valid, emphasising an individual’s freedom to choose and practice any faith.

Article 25 of the Indian Constitution ensures the right to freedom of religion, but it also acknowledges that the State can impose restrictions in the interest of public order. Conversion by force, fraud or inducement is not considered valid as it may disturb public order. The term ‘public order’ in this context refers to something that disrupts the community’s life and not just individuals.

While the State refrains from interfering in religious affairs, it can regulate secular activities associated with religious matters. An activity is considered religious if it is an essential and integral part of the religion and secular if it is not necessary for the religion.

Certain practices, like Talaq-e-biddat or Triple Talaq, have been declared illegal as they are not protected under Article 25 as essential religious practices. The State may also intervene in religious practices for social reform, but coercive force should be avoided. However, there are situations where legal coercion becomes necessary for urgent social reform.

For example, acts prohibiting practices like polygamy among Hindus, Sati and the Devdasi system were deemed valid as they were considered social evils rather than essential parts of the religions involved. Polygamy, permitted among Indian Muslims, is not a universal practice in all Muslim countries, indicating it’s not an essential part of the religion.

In the interest of social welfare, reform and national unity, the Uniform Civil Code, permitted by Article 25(2)(b), can be applied. This code aims to create a uniform set of laws for all citizens, irrespective of their religious beliefs.

The flexible yet firm expression of the objectives and parameters of a secular, socialist, democratic republic in the Constitution allows for a creative and realistic jurisprudence. This approach seeks to harmonise and integrate religious minorities, eliminate socio-religious discrimination and build a society where secular unity coexists with cultural diversity.

The case of Indira Nehru Gandhi v RajNarain in 1975, as mentioned, highlighted the fundamental aspect of secularism according to the Hon’ble Supreme Court. It emphasised that secularism means the state should not have its own religion. Instead, all individuals in the country are equally entitled to the freedom of their conscience and have the right to freely profess, practice and propagate any religion.

In the case of S.R. Bommai v. Union of India in 1994, the Supreme Court upheld the dismissal of four state governments led by the BJP on the grounds of religious conduct. The court expanded on the concept of secularism, stating that it not only implies the state having no religion of its own and being neutral among different religions, but also that a political party seeking power should not align itself with any specific religion. If religious considerations influence political power, it could lead to a secondary or less favorable position for certain religions. This decision emphasised the importance of maintaining a secular and neutral stance in both state affairs and political parties.

Role of Indian Judiciary in Shaping the Secularism

The concept of secularism in India is dynamic and subject to evolving interpretations by the courts. In various cases, the judiciary has provided nuanced perspectives on secularism:

1. In Sardar Taheruddin Syedna Sahib v. State of Bombay (AIR 1962 SC 853), the Supreme Court emphasised that Articles 25 and 26 of the Constitution emphasise the secular nature of Indian democracy, considered fundamental by the founding fathers.

2. Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461) affirmed that secularism is a part of the basic structure of the Constitution. The court stressed that the secular character is the essence of the Constitution and a key ingredient of the basic structure.

3. In Bommai v Union of India (1994), the Supreme Court defined secularism as equal treatment of all religions. The court highlighted that the term ‘secular,’ inserted in the Preamble by the 42nd Amendment, underscores the fundamental rights guaranteed in Articles 25-28. The court also stressed that using religion for political purposes violates the neutrality of the state.

4. Ismail Faruqi v Union of India (1994) upheld that the state, under eminent domain, can acquire any property belonging to a religious community.

5. Aruna Roy v Union of India (2002) emphasised that the essence of secularism lies in the non-discrimination of people by the state based on religious differences.

6. Abhiram Singh v. C D Commachem (2017) clarified that secularism does not imply a complete separation of religion from politics. Instead, it mandates equal treatment for every religion. The court asserted that secularism is an integral part of the Constitution’s basic structure and cannot be amended. Secularism ensures the equality of all religions and is connected to the functioning of a democratic state, promoting tolerance and protecting marginalised groups.

Conclusion

The term “secular” in the Indian Constitution signifies the commitment to maintaining a state that does not favour any particular religion, ensures equal treatment for all citizens irrespective of their religious beliefs and promotes a spirit of tolerance and harmony among diverse religious communities.

The Indian judiciary has consistently upheld secularism as a foundational principle, emphasising its essential connection to democracy, equality and the protection of individual rights.