Secularism In India
Introduction
Secularism in India is a peculiar and talked about factor in the Indian Constitution and Indian politics. Countries in the West consider secularism as the separation of religion from the state but in India secularism means to respect every religion and makes sure religion is part of the state. Secularism in India promotes equal respect, representation and protection of every religion by every state.
In India there is place for every kind of religion- Hindu, Jain, Muslim, Parsi, Sikh, Christian and many others. During the framework of the Indian constitution, it was very important to maintain religious diversity while maintaining unity and harmony among people. Thid was one of the problem constitution framers faced.
Over the years religion and the judicial system often intersected leading to many constitutional amendments, political movements and changes in society.

When the original constitution was adopted in the 1950 the term ‘secular’ was not mentioned in the preamble. However, the idea of secularism was an integral part of the Indian Constitution. The word was formally inserted in the preamble with the help of 42nd Constitutional Amendment act 1976 which was the emergency period. The preamble now includes the words- “Sovereign, Socialist Secular Democratic Republic”
Western secularism (France or US) means clear separation of church and the state. The government makes sure their internal affairs do not collide. Religion is considered a private matter. Secularism in India is based on equal respect for each religion, sufficient representation, right to practice any religion, and right to protect their own religion. State often intervenes in the religious practices-
• If it violates fundamental rights
• To provide financial aid and to ensure
• Balance religious freedom
This is called positive secularism or Sarva Dharma Sambhava which means equal respect for all faiths.

Many leaders like Mahatma Gandhi, Jawahalral Nehru and Maulana Abdul Kalam Azad had different ideas on religion, but they all understood the importance of religious harmony. After the partition there were many fights on religion between many religious parties which resulted in communal riots and violence. Religion was understood as the easiest tool to break the national unity. Secularism was understood as the most important tool to maintain national unity and harmony.
Secularism in Indian case laws and constitution

There are several provisions in the constitution which establishes India as a secular nation.
• The mention of the word ‘Secular’ in the Preamble.
• Fundamental rights-
 Article 14: Equality Before Law
 Article 15: Prohibition of Discrimination
 Article 16: Equality of Opportunity in Public Employment
 Article 17: Abolition of Untouchability

• Freedom of religion
 Article 25: Freedom of Conscience and Religion
 Article 26: Freedom to Manage Religious Affairs
 Article 27: Freedom as to Payment of Taxes for Religion
 Article 28: Freedom as to Religious Instruction in Educational Institutions

• Articles 29 and 30 of the Indian Constitution

Indian Case laws which played an important part in redefining secularism
• The Kesavnanda Bharti Case (1973) established the doctrine of basic structure which limited parliaments amending power under article 368, which protected core principles like secularism
• Aruna Roy v. Union of India (2002) which held that NCFSE (National curriculum framework for School education) was constitutional which differed the meaning of religious education and religious instruction. This decision empowered the government to frame national educational policies which empowers balancing secularism.
• Shayara Bano v. Union of India (2017)- demonstrates the court’s willingness to change unfair religious practices that violate fundamental rights.
Personal laws
Secularism in India gave rise to one of the most debated topics in India- religion-based personal laws governing marriage, divorce, inheritance, and adoption. Critics argue that personal laws threaten gender equality and secularism whereas on the other hand supporters claim that personal laws protect culture, traditional and minority identities. Indian secularism promotes the importance of balancing instead of separation of each and every religion.

There is a lot of influence of secularism on the political movements like Vote-bank politics and Communal mobilization. Politicians often exploit religion for winning elections. This leads to weaken the public faith in secular ideas.
Media
Beyond judicial reforms, secularism has been interpreted by civil society, media and education. Many NGOs, social media platform and minority groups often work on ground level to either promote secularism which gives rise to national unity or promote communal violence between religious groups. Journalism can expose extreme religious narratives, riots and promote constitutional values. On the other hand, it can also spread misinformation and biased information which can inflame riots. In this digital age there are many unverified accounts spreading misinformation which leads to online debates. Many groups have also been defamed wrongly due to this. Education in India ensures secularism is taught to students. In this way the idea of secularism is embedded in every student’s life. Although education can also be a dangerous tool to promote extreme religious beliefs and temper for other religious groups. This decreases the value of secularism.

Increased globalization, migration and influence of western narratives have shaped how India imagines secularism as.

UCC on secularism
The main discussion about Uniform Civil Code (UCC) has rapidly increased to face the upcoming trajectory of secularism in our country India. The article number 44 of the Directive Principles of State policy has urged the state to empower and use a more polished and safer UCC for the citizens of India. Alot of people state and argue that a common civil code will make the secularism stronger by maintaining equality in law and also discarding gender discrimination. Citizens view UCC as a stepping foot towards individual rights taking precedence over religious identity.

Whereas the opponents to this argument believe to take a cautious step in implementing UCC without major consensus. They think this may undermine cultural and religious autonomy, specially of the minority religious communities and societies. They believe that Indian secularism has always been proved accommodative since history and very pluralistic. moreover, they state that secularism brings more uniformity which should not be confused with equality. The supreme court of India itself has taken an advanced approach towards this. They acknowledge the desirability of a UCC while repeatedly stressing on the need for a social acceptance.

Finally, the UCC argument gives a more boarder approach and tension towards Indian secularism, mainly on how to balance unity with diversity and having a respect for this diversity. The final solution of this debate will have a major role in shaping the characteristics of secularism for decades in India

By-
Reewa Manoj Kothari
BCom LLB (2025-2030)