UPSC MainsPOLITICAL-SCIENCE-INTERANATIONAL-RELATIONS-PAPER-I201510 Marks150 Words
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Q15.

Secularism in the Indian Constitution

How to Approach

This question requires a nuanced understanding of secularism as enshrined in the Indian Constitution. The answer should move beyond a simple definition and delve into its historical context, constitutional basis (articles), judicial interpretations, and the evolving debates surrounding it. A structured approach – defining secularism, outlining its constitutional provisions, discussing judicial pronouncements, and highlighting contemporary challenges – will be effective. Focus on the Indian model of secularism, differentiating it from other models.

Model Answer

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Introduction

Secularism, derived from the Latin ‘saeculum’ meaning ‘world’, signifies the separation of religion from state affairs. In the Indian context, it’s a complex concept often misunderstood. Post-independence, the framers of the Constitution consciously adopted secularism as a fundamental principle, recognizing India’s religious diversity and aiming to ensure equal respect for all faiths. This wasn’t merely a western import but a response to the historical context of communalism and partition. The Indian Constitution doesn’t explicitly define secularism, leaving it to judicial interpretation and evolving socio-political understanding.

Constitutional Basis of Secularism

The Indian Constitution embodies secularism through several articles and provisions:

  • Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion. However, this right is subject to public order, morality, and health.
  • Article 26: Secures the right to manage religious affairs.
  • Article 27: Prohibits compelling any person to pay taxes for the promotion or maintenance of any particular religion.
  • Article 28: Prevents religious instruction or religious worship in state-funded educational institutions.

These articles collectively establish a framework where the state remains neutral towards all religions, ensuring equal treatment and non-discrimination.

The Indian Model of Secularism

The Indian model of secularism is often described as ‘Sarva Dharma Sambhava’ – equal respect for all religions. It differs from the strict separation model prevalent in the US (wall of separation) and the state religion model found in some other countries. The Indian state isn’t entirely detached from religion; it can regulate religious practices in the interest of public order, morality, and health. This is evident in laws related to bigamy, inheritance, and temple management.

Judicial Interpretations

The Supreme Court has played a crucial role in defining the scope of secularism through landmark judgments:

  • S.R. Bommai v. Union of India (1994): Declared secularism as a basic feature of the Constitution, meaning it cannot be altered by constitutional amendments.
  • Indra Sawhney v. Union of India (1992): Affirmed the state’s power to make reservations based on social and educational backwardness, even if it involves considering religious minorities.
  • T.M.A. Pai Foundation v. State of Karnataka (2002): Upheld the state’s right to regulate minority educational institutions, subject to reasonable restrictions.

These judgments demonstrate a dynamic interpretation of secularism, balancing religious freedom with societal concerns.

Contemporary Challenges

Despite its constitutional basis, secularism in India faces several challenges:

  • Rise of Religious Nationalism: The increasing prominence of Hindu nationalism and other religious identities poses a threat to the principle of equal respect for all faiths.
  • Communal Violence: Frequent instances of communal violence undermine the spirit of secularism and create social divisions.
  • Political Mobilization along Religious Lines: Political parties often exploit religious sentiments for electoral gains, eroding the neutrality of the state.
  • Uniform Civil Code Debate: The debate surrounding the Uniform Civil Code raises concerns about the potential infringement of religious freedom and cultural diversity.

Addressing these challenges requires strengthening institutions, promoting interfaith dialogue, and upholding the constitutional values of equality and non-discrimination.

Model of Secularism Characteristics Examples
Strict Separation Complete separation of religion and state. United States
State Religion The state officially recognizes and supports a particular religion. Iran (Islam), England (Anglicanism)
Indian Model Equal respect for all religions; state neutrality with regulated intervention. India

Conclusion

Secularism remains a cornerstone of the Indian Constitution, vital for maintaining social harmony and protecting the rights of all citizens. However, its implementation is an ongoing process, facing challenges from religious polarization and political opportunism. Strengthening constitutional safeguards, promoting inclusive governance, and fostering a culture of tolerance are crucial for preserving the secular fabric of India and ensuring its continued progress as a diverse and democratic nation.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Communalism
Communalism refers to a political ideology that emphasizes religious identity over national identity, often leading to tensions and conflicts between different religious groups.
Sarva Dharma Sambhava
A Hindi phrase meaning "equal respect for all religions," often used to describe the Indian approach to secularism.

Key Statistics

According to the Pew Research Center (2021), India has the largest Muslim population among countries with a Muslim minority, at approximately 204 million.

Source: Pew Research Center, "Religion in India: Tolerance and Segregation"

As per the 2011 Census of India, Hinduism is practiced by 79.8% of the population, Islam by 14.2%, Christianity by 2.3%, Sikhism by 1.7%, Buddhism by 0.7%, and Jainism by 0.4%.

Source: Census of India, 2011

Examples

Babri Masjid Demolition

The demolition of the Babri Masjid in Ayodhya in 1992 is a stark example of how religious polarization can undermine secular principles and lead to widespread communal violence.

Frequently Asked Questions

Is India truly secular if the state intervenes in religious matters?

The Indian model of secularism allows for state intervention in religious matters when it comes to public order, morality, and health. This doesn't negate its secular character but reflects a pragmatic approach balancing religious freedom with societal concerns.

Topics Covered

Indian PolityConstitutional LawSecularismConstitutionFundamental RightsIndian Politics