Secularism as the Cornerstone of the Indian Constitution: A Reaffirmation by the Supreme Court.
The Supreme Court of India, on October 31, 2024, reminded everyone that secularism is one of the most important parts of our Constitution. This reminder came after some people challenged the inclusion of the words “secularism” and “socialism” in the Preamble through the 42nd Amendment in 1976. They argued that these words were not part of the original Constitution from 1949. However, the Supreme Court, led by Justice Sanjiv Khanna, made it clear that secularism was always a key part of the Constitution, even before the word was added to the Preamble.
What is Secularism?
Secularism means that the government treats all religions equally and does not favour any one religion over others. This idea has been a part of the Indian Constitution from the beginning, even though the word “secularism” was not originally included. The Constitution’s Articles 25 and 26 already guarantee the right to follow any religion without fear of being discriminated against. So, when the word “secular” was added in 1976, it was not something new. It simply made clear what was already part of our country’s laws.
Justice Khanna emphasised that “there are a number of judgments of this court which hold that secularism was always part of the basic structure of the Constitution. If one looks at the right to equality and the word fraternity used in the Constitution, as well as the rights under Part III, there is a clear indication that secularism has been held as the core feature of the Constitution.” This shows that secularism was always present, even if it was not formally written in the Preamble until 1976.
The 42nd Amendment: What was It?
The 42nd Amendment was made during a difficult time in India, called the Emergency. During this time, then-Prime Minister Indira Gandhi added “secularism” and “socialism” to the Preamble of the Constitution. Some people argue that this was done without the proper input from the people and was not needed since India was already a secular country. However, the Supreme Court rejected these concerns, explaining that the addition of these words only clarified what was always there. It also added other important ideas like “unity” and “integrity,” making sure that the Constitution reflected the values that hold the country together.
The petitioners in the case, including Subramanian Swamy and Ashwini Upadhyay, questioned whether the inclusion of the terms “secularism” and “socialism” during the Emergency reflected the will of the people, given the political environment of that time. Swamy argued that it was wrong to show that the people of India had agreed to these principles in 1949 when the original Constitution was adopted. The Supreme Court, however, clarified that secularism was always a part of the Constitution’s core, even if the word was added later. The words were placed in brackets in the Preamble to show that they were introduced later, in 1976, during the 42nd Amendment.
Indian Secularism: A Special Model
Secularism in India is different from how it works in some Western countries, like France or the United States. In those places, the government and religion are kept completely separate. But in India, the government can step in to make sure religious practices follow the Constitution’s rules of equality and fairness. This is important because in India, religion plays a big role in people’s lives, and the government sometimes needs to protect people’s rights, even if it means getting involved in religious matters. For example, if a religious practice is harmful or goes against the idea of treating everyone equally, the government can step in. This way, Indian secularism is about ignoring religion, but about making sure no religion takes over and everyone is treated fairly. According to the Supreme Court, secularism in India is about ensuring that religion does not undermine social justice or the rights of individuals.
As legal scholar Gary J. Jacobsohn describes it The Wheel of Law: India’s Secularism in Comparative Constitutional Context (Princeton University Press, 2003), India’s secularism is “ameliorative.” This means that the government can step in to make religious practices more equal and fair, especially when they go against constitutional values like justice and equality. For instance, the government has historically taken action to stop harmful religious practices like sati (widow burning) and child marriage, to ensure that people’s basic rights are protected.
The above model of secularism, which helps the country bring about social change, is key to India’s social progress. It allows the state to intervene when necessary to promote equality, while still respecting religious freedom. This is different from Western secularism, which often insists on complete separation between religion and state. For instance, the government has enacted laws like the Hindu Code Bills, which modernised Hindu personal law in areas like marriage and inheritance, promoting gender equality. This power to intervene in religious matters has been crucial in promoting social justice in India. The Constitution allows the state to pass laws for social welfare and reform, even if they involve interfering in religious matters, especially when human dignity and equality are at stake.
Role of the Supreme Court
The Supreme Court has played a big part in making sure secularism is respected in India. In many cases, the Court has had to decide if a religious practice breaks the rules of equality and fairness. For example, the Court has helped decide who can enter temples or if certain practices should be stopped because they harm people. This role is important because it helps keep the balance between respecting religion and protecting people’s rights. One landmark case that shaped the Court’s role in protecting secularism was the Kesavananda Bharati v. State of Kerala case. In this case, the Court ruled that secularism was part of the “basic structure” of the Constitution, which means it cannot be changed, even by amendments. This ruling was a major step in ensuring that secularism would always be a key part of India’s democracy.
The Court’s job is to make sure that secularism, along with social reform, continues to improve the lives of all Indians, no matter what religion they follow. That is why the Supreme Court recently said that secularism can never be removed from the Constitution—it is part of the very foundation of our country.
Conclusion
The Supreme Court’s recent ruling on secularism makes it clear that this principle is one of the cornerstones of India’s democracy. While the word “secular” was added to the Preamble in 1976, the idea of treating all religions equally was always a part of our country’s laws. The Court has reminded us that secularism is a part of the Constitution that cannot be changed or removed.
This approach to secularism helps India stay a diverse and fair country, where people from different religions can live together in harmony. It also helps the government promote social change and protect the rights of all citizens. By keeping secularism at the heart of the Constitution, the Supreme Court has ensured that India remains a country where everyone is treated fairly, regardless of their religion. Secularism, in the Indian context, is not just about staying separate from religion but making sure that it works hand in hand with justice and equality to build a better society for everyone.
