QUE. Discuss the secular approach of the Indian Constitution regarding the secular character of the Indian State and present arguments in its favour and against it.

Ans.

Secularism means that the State keeps religion separate from politics and other non-religious matters and does not discriminate against anyone on the basis of religion. Secularism does not mean opposition to any religion; rather, it allows every individual the complete freedom to follow their religious beliefs and faith. In the context of secularism, religion is considered a completely private matter of an individual, and the State does not interfere unless a situation of conflict arises among the fundamental principles of different religions.

• Indian Secularism and the Constitution

• The Constitution contains several Articles that make India a secular State.

• In the Indian context, the concept of secularism was inherent in the Constitution from the time of its framing. This is evident from the Right to Freedom of Religion (Articles 25 to 28) mentioned under the Fundamental Rights in Part III of the Constitution.

• Article 25 of the Constitution grants every individual the right to profess, practice, and propagate their religious beliefs and principles. Article 26 provides the right to establish and manage religious institutions.

• Furthermore, Article 27 states that no citizen can be compelled to pay taxes for the promotion or maintenance of any particular religion or religious institution. Article 28 provides that religious instruction shall not be imparted in educational institutions wholly maintained out of State funds.

• The concept of secularism was further defined in the Constitution through the 42nd Constitutional Amendment Act, 1976, by inserting the word “Secular” into the Preamble.

• Here, secularism means that the Government of India shall remain neutral in matters of religion. It shall have no religion of its own, and it shall neither favour nor oppose any religion.

• Positive Aspects of Indian Secularism

• Indian secularism is based on the constitutional principle of equal respect for all religions.

• In India, the idea of secularism presents a liberal and broad outlook inspired by the principle of “Sarva Dharma Sambhava” (equal respect for all religions).

• Secularism binds everyone together in the spirit of unity. It does not allow any one community to establish dominance over another.

• Indian secularism strengthens the democratic system and keeps religion separate from politics.

• The objective of Indian secularism is to promote morality and human welfare, which are the fundamental aims of all religions.

• Negative Aspects of Indian Secularism

• In the Indian context, secularism is often criticized as being an idea imported from the West.

• Secularism is also accused of being anti-religious, thereby posing a threat to the religious identity of people.

• It is believed that the Indian model of secularism allows the State, influenced by the majority community, to interfere in the affairs of minorities. This creates suspicion among minorities that the State promotes a policy of appeasement. Such tendencies often encourage communalism within society.

• Secularism is sometimes viewed as excessively interventionist, interfering too much in the religious freedom of communities or individuals. It is also said to encourage vote-bank politics.

In conclusion, it can be said that the secular character of the Indian State has been preserved because it does not recognize any religion as the State religion. To achieve genuine religious equality, the State should adopt a highly balanced and effective policy. Through such a policy, it can distinguish its model of secularism from that of the West while also establishing harmony with it whenever necessary.