Secularism
Secularism is a principle advocating for the separation of religion from governmental institutions and public affairs. It ensures that religious groups do not interfere in the affairs of the state, and that the state does not interfere in religious matters. This separation aims to ensure that people of all religions, as well as those with no religion, are treated equally before the law and can coexist peacefully without state preference or discrimination based on religion.
Key aspects of secularism include:
1. Neutrality: The state remains neutral on matters of religion, neither supporting nor opposing any particular religion or religious beliefs.
2. Equal Treatment: Individuals are treated equally regardless of their religious beliefs, ensuring freedom of religion and belief.
3. Public Policy: Decisions and policies are made based on reason, evidence, and universal principles rather than religious doctrines.
4. Freedom of Religion: Individuals have the right to practice their religion freely without interference from the state, as long as it does not infringe on the rights of others.
Secularism can manifest differently depending on the country and its specific legal and cultural context, but the core idea is the promotion of a society where religion and state operate independently of each other.
Meaning in the Constitution of various countries
In the context of a constitution, secularism typically refers to the explicit separation of religion from the functions and institutions of the state. This principle is enshrined to ensure that the government remains neutral in religious matters and does not favor or endorse any religion. It often includes provisions to protect the freedom of religion, prohibiting the state from establishing a religion, and ensuring equal treatment of all citizens regardless of their religious beliefs.
For instance, in the context of different countries:
1. United States: The First Amendment to the U.S. Constitution prohibits the establishment of religion by the government and ensures the free exercise of religion. This is often summarized as the “separation of church and state.”
2. India: The Preamble to the Indian Constitution describes India as a “secular” nation, which implies that the state treats all religions impartially and does not favor or discriminate against any religion. Articles 25 to 28 of the Indian Constitution guarantee the right to freedom of religion.
3. France: The principle of laïcité, embedded in the French Constitution, ensures that the state remains strictly secular. The 1905 French law on the Separation of the Churches and the State formalized this principle, ensuring that public policies and institutions remain free from religious influence.
In essence, when secularism is incorporated into a constitution, it provides a legal framework for maintaining the independence of state and religion, safeguarding individuals’ rights to religious freedom, and promoting equal treatment for all citizens irrespective of their religious affiliations.
Indian Constitution and Secularism
The Indian Constitution explicitly recognizes and enshrines the principle of secularism. This commitment to secularism is reflected in various provisions and articles within the Constitution, ensuring that India remains a secular state where all religions are treated equally. Here are the key aspects of how secularism is recognized in the Indian Constitution:
1. Preamble:
The Preamble to the Constitution of India declares India to be a “Sovereign Socialist Secular Democratic Republic.” The inclusion of the term “secular” underscores the state’s commitment to maintaining a neutral stance in religious matters.
2. Articles 25-28:
These articles guarantee the right to freedom of religion and ensure the state’s neutrality in religious affairs:
– Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.
– Article 26: Provides the right to manage religious affairs, allowing every religious denomination or any section thereof to establish and maintain institutions for religious and charitable purposes.
– Article 27: Prohibits compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious denomination.
– Article 28: Ensures that no religious instruction is provided in any educational institution wholly maintained out-of-state funds.
3. Article 14:
Guarantees equality before the law and equal protection of the laws within the territory of India. This principle of equality is fundamental to secularism, as it ensures that the state does not discriminate based on religion.
4. Article 15:
Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This reinforces the secular nature of the state by ensuring equal treatment for all citizens.
5. Article 44:
Directs the state to endeavor to secure a Uniform Civil Code (UCC) for all citizens. While this directive principle is not enforceable by any court, it reflects the vision of a common set of laws governing all citizens, irrespective of their religion, in matters of marriage, divorce, inheritance, and adoption.
6. Article 51A(e):
As part of the Fundamental Duties, it obliges every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities.
These constitutional provisions collectively enshrine the principle of secularism in India, ensuring that the state remains neutral in religious matters and guarantees equal treatment and freedom of religion to all its citizens.
More detail
Preamble
The Preamble to the Constitution of India was amended by the 42nd Amendment Act of 1976 to include the word “secular.” It declares India to be a “Sovereign Socialist Secular Democratic Republic,” signifying the nation’s commitment to maintain a secular state.
Articles 25 to 28: Freedom of Religion
Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
– Content: Article 25 guarantees all individuals the freedom of conscience and the right to freely profess, practice, and propagate religion.
– Restrictions: This freedom is subject to public order, morality, health, and other provisions of Part III of the Constitution. It allows the state to regulate or restrict any economic, financial, political, or other secular activity associated with religious practice and provides for social welfare and reform.
– Impact: This ensures that religious practices do not interfere with public order or the rights of others, maintaining a balance between religious freedom and social harmony.
Article 26: Freedom to Manage Religious Affairs
– Content: Article 26 grants every religious denomination or any section thereof the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, own and acquire movable and immovable property, and administer such property in accordance with law.
– Impact: This article protects the autonomy of religious groups in managing their internal affairs while subjecting them to the laws of the land.
Article 27: Freedom as to Payment of Taxes for Promotion of Any Particular Religion
– Content: Article 27 prohibits compelling any person to pay taxes the proceeds of which are specifically appropriated for the payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
– Impact: This ensures that state funds are not used to support any religion, reinforcing the secular nature of the state.
Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
– Content: Article 28 provides that no religious instruction shall be provided in any educational institution wholly maintained out of state funds. It also stipulates that no person attending any educational institution recognized by the state or receiving state aid shall be required to participate in any religious instruction or worship without their consent or, if a minor, without the consent of their guardian.
– Impact: This protects individuals from being forced into religious instruction or worship in educational settings funded or recognized by the state, maintaining religious neutrality in public education.
Article 14: Equality Before the Law
– Content: Article 14 states that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
– Impact: This guarantees that all individuals, regardless of their religion, are treated equally before the law, which is a foundational principle of secularism.
Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth
– Content: Article 15 prohibits discrimination by the state against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
– Impact: This ensures that no citizen is discriminated against by the state based on their religion, promoting equality and secularism.
Article 44: Uniform Civil Code
– Content: Article 44, a Directive Principle of State Policy, directs the state to endeavor to secure for citizens a uniform civil code throughout the territory of India.
– Impact: While not enforceable by any court, it reflects the state’s goal to unify personal laws applicable to different religious communities under a common civil code, promoting national unity and equality.
Article 51A(e): Fundamental Duties
– Content: Article 51A(e) lists one of the fundamental duties of every citizen of India: to promote harmony and the spirit of common brotherhood amongst all the people of India, transcending religious, linguistic, and regional or sectional diversities.
– Impact: This duty encourages citizens to foster social harmony and a sense of unity, which is essential in a secular state.
Summary
The Indian Constitution enshrines secularism by ensuring freedom of religion, prohibiting religious discrimination, and maintaining state neutrality in religious matters. These provisions collectively foster an environment where individuals of all religions can coexist peacefully, and the state can function without religious bias.
Cases
There have been several significant cases in India that have shaped the understanding and application of secularism. Here are a few landmark Supreme Court cases that have dealt with the principle of secularism:
1. S.R. Bommai v. Union of India (1994)
This is one of the most important cases related to secularism in India.
Background:
The case arose out of the dismissal of several state governments by the central government, invoking Article 356 of the Constitution, which allows the President to impose President’s rule in a state.
Judgment:
– The Supreme Court, in its judgment, held that secularism is a basic feature of the Constitution.
– The Court stated that any action by the state that promotes or favors a particular religion violates the secular nature of the Constitution.
– It ruled that the power under Article 356 should be used sparingly and that the courts can review the proclamation of the President’s rule.
– This case underscored that secularism means treating all religions equally and that the government must remain neutral in religious matters.
2. Kesavananda Bharati v. State of Kerala (1973)
Although this case is primarily known for the “basic structure doctrine,” it has significant implications for secularism.
Background:
Swami Kesavananda Bharati challenged the Kerala government’s attempts to impose restrictions on the management of religious property.
Judgment:
– The Supreme Court ruled that while Parliament has wide powers to amend the Constitution, it cannot alter its “basic structure.”
– Secularism was recognized as one of the essential features of the basic structure of the Constitution.
– This means that any amendment that seeks to undermine the secular character of the Constitution would be invalid.
3. Aruna Roy v. Union of India (2002)
This case dealt with the content of education and secularism.
Background:
The validity of the National Curriculum Framework for School Education (NCFSE) issued by the National Council of Educational Research and Training (NCERT) was challenged on the grounds that it introduced religious instruction in violation of the secular nature of the Constitution.
Judgment:
– The Supreme Court upheld the NCFSE, stating that its content did not violate the principles of secularism as enshrined in the Constitution.
– The Court noted that while religious education is prohibited in state-funded institutions, general education about all religions, imparting values common to all, does not violate the principle of secularism.
– The judgment clarified that education that promotes a broad understanding of all religions and fosters tolerance is consistent with the secular fabric of the Constitution.
4. Indra Sawhney v. Union of India (1992)
This case, also known as the Mandal Commission case, primarily dealt with reservations but touched upon the issue of secularism in the context of equality and non-discrimination.
Background:
The case challenged the implementation of recommendations for reservations for Other Backward Classes (OBCs) in government jobs and educational institutions.
Judgment:
– The Supreme Court upheld the reservations, reinforcing the idea that affirmative action is consistent with the principle of equality.
– The judgment mentioned that secularism in India also implies the removal of historical social inequalities and that measures aimed at achieving social justice do not violate secularism.
5. T.M.A. Pai Foundation v. State of Karnataka (2002)
This case focused on the rights of minorities to establish and administer educational institutions.
Background:
Minority educational institutions challenged certain state regulations that they felt infringed upon their rights to administer institutions of their choice.
Judgment:
– The Supreme Court ruled that minorities have the right to establish and administer educational institutions of their choice under Article 30(1) of the Constitution.
– It held that while the state can regulate these institutions to maintain educational standards, it cannot interfere with their administration to the extent that it negates the constitutional rights granted to minorities.
– The judgment balanced the rights of minorities with the state’s interest in ensuring quality education, emphasizing that secularism includes protecting the rights of all communities to preserve their culture and educational rights.
Summary
These cases collectively underscore that secularism in India means equal treatment of all religions by the state, non-interference in religious matters, and protection of religious freedoms and minority rights. The Indian judiciary has consistently upheld secularism as a basic feature of the Constitution, ensuring that any action undermining this principle is subject to scrutiny and correction.
Also read:
