Context :
India’s secularism, while formally established by the 42nd Amendment in 1976, has its origins in the edicts of Emperor Ashoka and the principles of the freedom struggle. The aversion of Jawaharlal Nehru to organized religion, along with the discussions during the Constituent Assembly, solidified the concept of state impartiality towards all religions. Judicial rulings—particularly in the Kesavananda Bharati case—have recognized secularism as an integral component of India's fundamental constitutional framework.
1. Philosophical and Historical Foundations:
Ashokan Dhamma
- Rock Edict 7: A rejection of any singular state religion and a promotion of coexistence.
- Rock Edict 12: A prohibition against religious disparagement.
Enlightenment Influences
- John Locke: The state's authority is confined to civil matters, excluding the "care of souls."
- Roger Williams: Advocated for separation to safeguard both church and state.
Freedom Movement Precedents
- 1928 Motilal Nehru Committee draft: Absence of a state religion, inclusion of a neutrality clause.
- 1931 Karachi Resolution: The state is to uphold neutrality concerning religions.
2. Constitutional Evolution:
Deliberations of the Constituent Assembly
- An implicit agreement on secularism, despite the absence of the term in the Preamble.
- The phrase "In the name of God" was rejected by a vote of 17, thereby maintaining a state that is neutral in terms of religion.
Official Acknowledgment
- In 1976, through the 42nd Amendment, the term "secular" was added to the Preamble.
- Article 51A(b) establishes the responsibility to uphold the principles of the national struggle, which includes secularism.
- Kesavananda Bharati case (1973): Secularism was affirmed as an inviolable foundation of the Constitution under the Basic Structure doctrine.
Judicial Interpretation:
Indian Model of Secularism
- This model does not advocate for a rigid separation between church and state as seen in France, nor does it endorse a total prohibition of establishment like in the USA.
- It highlights the concept of "positive secularism," which entails equal respect for all religions and a regulated involvement of the state to safeguard religious autonomy.
Key Judgments:
- S. R. Bommai (1994): Reaffirmed the principle of state neutrality and prohibited political mobilization based on religious affiliations.
Comparative Perspectives:
- United Kingdom: The Church of England is established, while ensuring the freedom of all religions; the monarch serves as the Defender of the Faith.
- Ireland & Greece: Their preambles reference the Christian Trinity; constitutional clauses forbid religious discrimination.
- Contrast with Theocracies: In Pakistan, Saudi Arabia, and Iran, there exists a state religion that imposes legal restrictions on minority groups.
Contemporary Challenges:
- Critique of Hindutva: Allegations regarding "privileges for minorities" within a secular framework; demands for the cessation of state neutrality.
- Dangers of a State-Religion Connection: Historical instances: the subjugation of Shariah by medieval Islamic sultanates; the appropriation of the church by Henry VIII.
- Necessities for India: Safeguard religious independence, limit hate speech, and maintain a diverse civic environment.
Conclusion:
India’s secularism represents a dynamic amalgamation of its ancient pluralistic traditions, Enlightenment-era rational thought, and constitutional protections. By separating religion from governmental authority while promoting equal regard for all belief systems, it fosters personal liberties and societal cohesion. Preserving this distinctive framework is essential for upholding India's democratic principles and its diverse identity.
