Secularism in India

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Context (LM): The Supreme Court rejected the pleas challenging the inclusion of ‘socialist‘ and ‘secular‘ in the Constitution’s Preamble.

What is Secularism?

Secularism is the principle of separating religion from other aspects of society, such as politics, law, education, and culture.
In India, reflected in the ethos of “Sarva Dharma Sambhava”.
SC in SR Bommai Case 1994 held that Secularism is Basic structure of Indian Constitution.

Article 14 provides equality before the law and equal protection of laws to all citizens.
Article 16 (1) guarantees equality of opportunity in matters of public employment and prohibits discrimination based on religion, race, caste, sex, descent, place of birth, and residence.
Article 25 ensures freedom of conscience and the right to freely profess, practice, and propagate religion for all individuals.
Article 26 grants the right to religious groups or individuals to establish and maintain institutions for religious and charitable purposes and manage their affairs in matters of religion.
Article 27 states that the state shall not compel any citizen to pay taxes for the promotion or maintenance of any particular religion or religious institution.
Article 28 allows educational institutions maintained by different religious groups to impart religious instruction.
Articles 29 and 30 provide cultural and educational rights to minorities.
Article 51A (Fundamental Duties) obliges all citizens to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of India’s composite culture.
42nd Constitutional Amendment Act, 1976: The word ‘secular’ was inserted into the Preamble, defining it as a republic where there is equal respect for all religions.

Basis	West	India
Secular Traditions	Evolved secularism without deep historical roots.	Deeply rooted since the Indus Valley Civilization.
State-Religion Separation	Rigid separation with minimal state influence on religion.	“Principled distance” maintains neutrality.
Status of Religions	Focus on individual rights; less emphasis on communal aspects.	Equal status for all religions.
Freedom	Emphasis on individual freedom of religion.	Equal protection, respect, and treatment to all religions, balancing personal and community rights.
State Aid to Religious Institutions	No state aid	State aid to religious institutions (Article 30).
Public Display of Religious Symbols:	Opposition to public display of religious symbols for maintaining a secular public sphere.	Freedom to practice religion with symbols (e.g., Sikh kirpans) and recognition of religious symbols in public life.
Intra & Inter-Community Domination	Addresses intra-community domination.	Mitigates both intra and inter-community domination, encouraging balanced representation.
Religious Reform	Internal reforms within religious communities.	Secular traditions with a history of religious diversity and coexistence.
Plurality of Religions	Emphasizes religious diversity.	Acceptance of plurality of religions, promoting coexistence & mutual respect.
Government Interaction with Religious Groups	Limited	Interacts regularly