Discuss the constitutional provisions which promotes the idea of secularism in India with leading cases

Secularism in India is a fundamental feature of the Indian Constitution, enshrined to ensure that the state treats all religions impartially and does not favor or discriminate against any religion. Here are the key constitutional provisions that promote secularism, along with leading cases that have helped shape the understanding of this concept:

Constitutional Provisions

1. Preamble:

   • The Preamble of the Indian Constitution declares India to be a "Sovereign Socialist Secular Democratic Republic." The term "secular" was added by the 42nd Amendment in 1976 to emphasize the state's commitment to secularism.

2. Article 14:

   • Guarantees equality before the law and equal protection of the laws to all persons, prohibiting discrimination on various grounds including religion.

3. Article 15:

   • Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

4. Article 16:

   • Ensures equality of opportunity in matters of public employment and prohibits discrimination on the grounds of religion.

5. Article 25:

   • Provides for the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.

6. Article 26:

   • Grants every religious denomination the freedom to manage its own affairs in matters of religion, subject to public order, morality, and health.

7. Article 27:

   • Prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious denomination.

8. Article 28:

   • Prohibits religious instruction in any educational institution wholly maintained out of state funds.

9. Article 29 and 30:

   • Protect the cultural and educational rights of minorities, ensuring their right to conserve their language, script, and culture, and establish and administer educational institutions of their choice.

Leading Cases

1. S. R. Bommai v. Union of India (1994):

   • This landmark case reaffirmed secularism as a basic feature of the Indian Constitution. The Supreme Court held that the principles of secularism underlie all the provisions of the Constitution and that state governments can be dismissed if they act contrary to the secular principles enshrined in the Constitution.

2. Aruna Roy v. Union of India (2002):

   • The Supreme Court upheld the National Curriculum Framework for School Education, which sought to impart value-based education without promoting any particular religion. The judgment emphasized that secularism does not mean hostility towards religion but rather a principled distance from it.

3. M. Ismail Faruqui v. Union of India (1994):

   • In the context of the Ayodhya dispute, the Supreme Court held that offering prayer or worship at every location where there is a belief that divinity is present is not an essential part of religion, and that secularism and religious freedom must be balanced with public order.

4. Bijoe Emmanuel v. State of Kerala (1986):

   • The Supreme Court protected the rights of Jehovah’s Witnesses children who refused to sing the national anthem on religious grounds, stating that forcing them to sing violated their fundamental right to freedom of religion under Article 25.

5. Indian Young Lawyers Association v. State of Kerala (2018):

   • Known as the Sabarimala case, the Supreme Court ruled that the exclusion of women from the Sabarimala temple was unconstitutional. The court emphasized that social exclusion based on biological factors was inconsistent with the ideals of the Constitution, reinforcing the secular and inclusive nature of the Indian legal system.
   • Kesavananda Bharati v. State of Kerala (1973): This landmark case held that the basic structure of the Constitution cannot be altered by any amendment. Secularism was identified as a part of this basic structure.

Concept of Secularism in Indian Law

Secularism in Indian law is not about irreligion but about the equal treatment of all religions by the state. Indian secularism is distinct in that it does not strictly separate religion and state, as seen in some Western nations, but rather maintains a principled distance, allowing for state intervention to ensure equality and prevent discrimination.

Indian secularism ensures:

• Non-discrimination: Ensuring that no one is discriminated against on the basis of religion.
• Freedom of Religion: Allowing individuals and groups to practice, profess, and propagate their religion freely.
• State Neutrality: The state does not favor any religion and treats all religions impartially.
• Intervention: The state can intervene in religious matters if they conflict with fundamental rights or public order, morality, and health.

This nuanced approach helps manage the diverse religious fabric of India, ensuring harmony and protecting individual rights.

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