Article 2: Secularism and Electoral Mandates
Why in news: Recent state election results highlighted debates on secularism, as victories linked to policies like Uniform Civil Code and identity-based politics renewed discussion on religion–state relations in India.
Key Details
- Increasing focus on state neutrality vs state intervention in religious matters.
- Discussions on hate speech and communal polarization impacting secular fabric.
- Role of Election Commission in regulating religion-based campaigning.
- Rising importance of constitutional morality over religious practices.
- Renewed emphasis on fraternity (brotherhood) as part of secular democracy.
Meaning of Secularism
- Secularism means the State has no official religion.
- It ensures equal respect for all religions (Sarva Dharma Sambhava).
- The State maintains a principled distance from religion.
- Citizens are free to practice, profess, and propagate religion.
- It promotes religious harmony and tolerance.
Constitutional Basis of Secularism
- The term “Secular” was added to the Preamble by the 42nd Constitutional Amendment Act.
- The Preamble guarantees liberty of thought, belief, faith, and worship.
- India is declared a sovereign, socialist, secular, democratic republic.
- Secularism is part of the basic structure of the Constitution.
- It cannot be removed even by constitutional amendment.
Fundamental Rights Related to Secularism
- Article 14: Equality before law for all citizens.
- Article 15: Prohibits discrimination on grounds of religion.
- Article 16: Equal opportunity in public employment.
- Article 25: Freedom of conscience and religion.
- Article 26–28: Rights of religious denominations and freedom from religious taxation/education bias.
Key Features of Indian Secularism
- Equal respect for all religions (not strict separation like Western model).
- State can intervene in religious practices for social reform.
- No state religion in India.
- Government may provide support to all religions equally.
- Focus on unity in diversity.
Judicial Interpretation
- In Kesavananda Bharati v. State of Kerala, secularism was declared part of the basic structure.
- In S.R. Bommai v. Union of India, secularism was reaffirmed as a core constitutional principle.
- Courts ensure that the State does not favor any religion.
- Judiciary can strike down laws violating secularism.
- Secularism is seen as essential for democracy and equality.
Challenges to Secularism
- Communalism and religious conflicts.
- Misuse of religion in politics and elections.
- Issues related to personal laws.
- Social tensions affecting religious harmony.
- Need for stronger constitutional awareness.
Conclusion
- Secularism ensures peaceful coexistence in a diverse society.
- It protects fundamental rights and equality.
- It is essential for maintaining national unity and integrity.
- The Constitution provides a strong framework, but its success depends on societal practice.