Model Answer
0 min readIntroduction
Secularism, in the Indian context, signifies equality before law and state neutrality in matters of religion. Unlike the Western concept of separation of church and state, Indian secularism embraces a positive approach, actively promoting religious harmony and safeguarding the rights of all faiths. The Constitution of India, adopted in 1950, did not explicitly define 'secularism,' but the term was officially incorporated as the 42nd Amendment in 1976. However, the Supreme Court has consistently affirmed its significance through various landmark judgments. The question explores whether this commitment to secularism is an essential feature of the Constitution.
Defining Secularism and its Constitutional Basis
Secularism, as understood in India, implies that the state shall not adopt any particular religion as its own. It guarantees freedom of religion (Articles 25-28) to all citizens, ensuring the right to practice, propagate, and manage religious affairs. The Preamble of the Constitution explicitly mentions ‘secular’ reflecting the commitment to a state that is neutral and equal to all religions.
Case Laws Establishing Secularism as a Basic Feature
The Supreme Court has played a pivotal role in solidifying secularism as a core principle. Several key judgments are instrumental in this regard:
S.R. Bommai v. Union of India (1994)
This landmark case arose from the dissolution of the Karnataka government. The Supreme Court held that secularism is a basic structure of the Constitution, which cannot be altered even by an amendment. The Court emphasized that the state must maintain neutrality and not favor any particular religion. It also established the principle of judicial review to safeguard secular values.
Manohar Lal Sharma v. State of Karnataka (1995)
This case concerned the validity of a state government order granting special privileges to certain backward class communities based on religious considerations. The Supreme Court reiterated that secularism is a basic feature and that any state action favoring one religion over another would be unconstitutional. It underscored the importance of maintaining equality and non-discrimination.
Other Relevant Judgments
Numerous other judgments have reinforced this position, including cases dealing with religious conversions, minority rights, and government funding of religious institutions. The consistent thread across these judgments is the recognition that secularism is integral to the constitutional framework.
Arguments and Counter-Arguments
While the Supreme Court consistently affirms secularism’s importance, some arguments question its rigid application. Some argue that excessive emphasis on secularism can lead to a suppression of religious identity or preferential treatment for minority groups. However, the courts have consistently rejected these arguments, emphasizing that secularism aims to create a level playing field for all religions.
Constitutional Provisions Supporting Secularism
| Article | Provision |
|---|---|
| Article 25 | Freedom of Conscience and Right to Practice and Propagate Religion |
| Article 26 | Freedom to Manage Religious Affairs |
| Article 27 | Freedom from Financial Contributions Compelled for Religious Activities |
| Article 28 | Freedom from Religious Instruction in Educational Institutions |
| Article 14 | Equality before law |
The 42nd Amendment and its Significance
The 42nd Amendment Act, 1976, officially added the word 'secular' to the Preamble of the Constitution. While this formalised the concept, the Supreme Court clarified that secularism was an implicit feature even before this amendment, recognized through judicial pronouncements.
Conclusion
In conclusion, the Supreme Court’s consistent interpretation, particularly in the S.R. Bommai and Manohar Lal Sharma cases, firmly establishes secularism as an essential feature of the Indian Constitution. While debates surrounding its implementation continue, the foundational principle of state neutrality and religious freedom remains a cornerstone of the Indian Republic. Upholding secularism is crucial for maintaining social harmony, protecting minority rights, and ensuring a truly democratic nation. The judiciary’s role in safeguarding this principle remains vital.
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.