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Secularism in the Indian Constitution Indians generally feel pride as the largest secular democracy in the world even as it boasts such religious diversity. In 1976 the 42 nd Amendment introduced the words Socialist and Secular into the preamble so it read "We, the people of India having solemnly resolved to constitute India into a sovereign socialist secular democratic republic..." (Basu, 21). The Constitution bans "all discriminations by ground of religion, race, caste, sex or place of birth [Art. 15]; by throwing open 'public places' to all citizens [Art. 15(2)]; .by guaranteeing equality before the law and equal protection of the laws" (Basu 25). The fundamental rights listed in the Preamble were written "not only from the political but also from the social standpoint" (Basu 23). Partitioning the nation fractured the spirits of Indians, however Independence offered a chance to eradicate the religious tensions that Indian society had faced under the British. The State planned a new India that broke from what Rational thinkers conceived as India's traditional hierarchy. Before Secularism even existed in the Constitution, the Preamble listed 'liberty, equality, and fraternity' that composed the fundamental rights the State promised to all citizens. Dr. Ambedkar, an important social reformer and Constitution framer, believed that a social democracy required all three rights; "a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy" (Basu 24). Liberty and fraternity collaborate to create a context that accepts but does not impose religion. Liberty allows citizens "freedom of thought, expression, belief, faith and worship," guaranteeing India a plural domain that in fact embraces its spiritual foundations (Basu 25). The word fraternity describes the necessity of India's religious diversity to "generate this spirit of brotherhood amongst all sections of the people, a feeling that they are all children of the same soil, the same Motherland" (Basu 27). The joining of these two rights guarantees that Indians feel Indian while maintaining their religious identity as well. The insertion of the word 'secular' to the Constitution reconstructed these rights in a religious context. The Constitutional definition of secularism in India restricts the concept to the public sphere. Secularism shapes the state's framework by separating religion from State: "the State protects all religions equally and does not itself uphold any religion as the State religion" (Basu 27). Article 25 determines that "the State will neither establish a religion of its own nor confer any special patronage upon any particular religion" (Basu 115). The Indian Secular State "observes an attitude of neutrality and impartiality towards all religions" (Basu 115). In the private sphere, Secularism guarantees Indians freedom to express them in any religious language they choose. Individuals and groups are "guaranteed the freedom of conscience and the freedom to profess, practise and propagate his own religion" (Basu 115). As long as the State is not involved, groups and individuals are free to worship and present their religion as they believe. Religious freedom comes under attack only if it threatens the right to dignity that the Constitution holds fundamental (Basu 28). Religious tradition holds certain rites central in its faith; however the Constitution recognizes that these rites could interfere with the State's primary function to maintain dignity of the person. The Constitution provides "each religious denomination or organisation.complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the tenets f the religion" unless "a particular practise offends against public health or morality" in which case the Court may interfere (Basu 116). This stipulation ensures that liberty and fraternity are not fractured by freedom of religion. The combined forces of the freedom struggle and Partition guided the framework of the Indian Constitution's Preamble. The Congress Party sang a secular tune opposing Jinnah's claims to a religious Islamic nation. Secularism fit into the general ideology of the Independence movement's commitment to building a nation with universal rights for its citizens. One person's freedom cannot injure another's. The stipulations concerning the practices involved in freedom of religion ensure India develops along modern principles of equality for all in a united nation that all citizens may claim as their own. back to top |
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