S
Sahaj Vidhi
Law Optional 2017 Paper I

Is 'Secularism' an essential feature of the Constitution of India? Explain in the light of decided case laws.

Verified Answer

  1. Core Legal Answer & Context: Yes, 'Secularism' is unequivocally an essential feature, indeed a basic structure, of the Constitution of India. The concept of secularism in India, often termed 'positive secularism,' implies not a complete separation of state and religion (as in some Western models), but rather an equal respect for all religions (Sarva Dharma Sambhava) and non-discrimination by the state on grounds of religion. The state is expected to maintain a principled distance from all religions, neither favoring nor disfavoring any, and ensuring religious freedom for all citizens. This principle was implicitly present in the original Constitution and explicitly incorporated into the Preamble in 1976.

  2. Relevant Statutes and Sections:

  • Preamble to the Constitution of India: The term 'Secular' was added by the 42nd Amendment Act, 1976.
  • Article 14: Equality before law and equal protection of laws.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 25-28: Guarantees freedom of religion.
  1. Important Landmark Cases:
  • Kesavananda Bharati v. State of Kerala (1973): Although the term 'secular' was not yet in the Preamble, this landmark case established the 'Basic Structure Doctrine,' holding that certain fundamental features of the Constitution cannot be altered by Parliament. While secularism was not explicitly listed as a basic feature in this judgment, its underlying principles of equality and religious freedom were recognized as integral.
  • S.R. Bommai v. Union of India (1994): This is the most significant judgment affirming secularism as a basic feature. The Supreme Court held that secularism is a part of the basic structure of the Constitution and that any state government pursuing non-secular policies is liable to be dismissed under Article 356. Justice B.P. Jeevan Reddy observed that "Secularism is a basic feature of the Constitution. It is a positive concept of an equal treatment of all religions."
  • Aruna Roy v. Union of India (2002): The Supreme Court reiterated that secularism means developing understanding and respect for different religions, not irreligion. It upheld the introduction of value-based education, including religious texts, stating it did not violate secularism as long as it promoted understanding and tolerance.
  1. Clear Conclusion: Through a series of judicial pronouncements, particularly S.R. Bommai, the Supreme Court has firmly established secularism as an inviolable part of the Constitution's basic structure. This means that Parliament cannot amend the Constitution to abrogate the secular character of the Indian state. Indian secularism, with its emphasis on equal respect for all faiths and non-discrimination, is a cornerstone of its democratic and pluralistic ethos, ensuring religious harmony and protecting the rights of all citizens irrespective of their religious beliefs.