Discuss the Secular Character of the Indian Constitution.

Question: Discuss the secular character of the Indian Constitution. [BJS 2000]

Find the answer to the mains question of Constitutional Law only on Legal Bites. [Discuss the secular character of the Indian Constitution]

Answer

Indian Constitution stands for a secular state. The word ‘Secular’ was added to the Preamble of India by the 42nd Amendment Act. The meaning of a secular state is that it does not prioritize any one religion for the country and its people. Secularism calls for a doctrine where all religions are given equal status, recognition, and support from the state or it can also be defined as a doctrine that promotes separation of state from religion.

In India, the first face of Secularism is reflected in the Preamble of India where the word ‘Secular’ is read. Indian Secularism is also reflected in its fundamental rights (Article 25-28) where it guarantees each of its citizens the right to practice any religion.

Article 25 of the Indian Constitution gives each citizen:

• Freedom of Conscience
• Right to profess any religion
• Right to Practice any religion
• Right to propagate any religion

Moreover, while Article 14 grants equality before the law and equal protection of the laws to all, Article 15 enlarges the concept of secularism to the widest possible extent by prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 (1) guarantees equality of opportunity to all citizens in matters of public employment and reiterates that there would be no discrimination on the basis of religion, race, caste, sex, descent, place of birth, and residence. Some of the other constitutional provisions also reveal India is a secular state. They are:

• As per Article 26, every religious group or individual has the right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion.
• As per Article 27, the state shall not compel any citizen to pay any 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.
• Article 29 and Article 30 provide cultural and educational rights to the minorities.
• Article 51A i.e. Fundamental Duties obliges all the citizens to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of our composite culture.

Therefore, Indian citizens are given a fundamental right to religion, however; this right is subject to public order, morality, and health. There is no one religion that dominates Indian society as a citizen is free to practice, profess and propagate any religion.

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