“Secularism is many a time mistaken as non-religious”. Explain the concept in the light of freedom of religion. [UPJS 2006]

Question: “Secularism is many a time mistaken as non-religious”. Explain the concept in the light of freedom of religion. [UPJS 2006]

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Answer

In 1976, by the 42nd Constitutional amendment word ‘secular’ was added to the preamble of the Constitution. India being a secular state is a no-state religion which means that it follows no particular religion. Secularism is a basic feature of the Constitution. It does not require the state to be hostile to religion.

The Supreme Court in the case of Ahmedabad St. Xavier’s College v. State of Gujarat [1974 AIR 1389] held that Secularism neither means anti-god nor pro-god. It just ensures that no one is differentiated on the basis of religion eliminating the concept of God in matters of the state.

While dealing with the concept of ‘secularism’ in detail, the Supreme Court in S.R Bommai v. Union of India [1994 AIR 1918] explained that under the Constitution, secularism does not mean an atheist society but a heterogeneous society providing equal status to all religions without favoring or discriminating against anyone. It held that “secularism is a basic feature of the Constitution”.

The State treats equally all religions and religious denominations. Religion is a matter of individual faith and cannot be mixed with secular activities. Secular activities can be regulated by the State by enacting a law. Justice Ramaswami observed that secularism is not anti-God. In the Indian context, secularism has a positive content. The Indian Constitution embodies the positive concept of secularism which separates spiritualism from individual faith. The State is neither anti-religion nor pro-religion. In the matter of religion, the State is neutral and treats every religion equally.

Therefore, whilst secularism is a basic feature of the Indian Constitution, the state’s duty for just enforcement of freedom of religion is enshrined as a fundamental right of the citizens as enshrined from Article 24 to 28 of the constitution.

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