Introduction:
In India, the first feature of secularism is expressed in the Indian Preamble, where the word ‘Secular’ is read. Indian secularism is also expressed in its fundamental rights (Article 25-28) where it protects the right of each of its people to practise any religion.
India is home to four major world religions: Hinduism, Jainism, Buddhism and Sikhism. And, in terms of religions, India is one of the most diverse nations. Many philosophers and intellectuals claim that Hinduism, India’s main religion, has long been the most accepting religious belief. India is a nation founded on the basis of a society that is essentially non-religious.
The purpose of the Preamble of the Indian Constitution is to make India an Independent, Secular, Democratic Republic. The terms democratic and secular were applied to it by the 42nd amendment. The whole document is outlined in the preamble. It is a reflection of the spirit of the constitution. The structure of the words in the preamble is also very important. Indian society is a multi-religious community. it has a distinct caste, faith and a number of religions. So, all of these are contentious factors in one way or another, and if they are not treated carefully, they may pose a threat to the unity and dignity of the country.
What is Secularism?
The word “secular” implies to be “separate” from religion or to have no particular faith. A secular individual is one that does not give his religious beliefs to any faith. The ideals are the product of logical and scientific reasoning. The term ‘Secular’ has been introduced to the Indian Preamble by the 42nd Amendment Act. India’s constitutional rights enhance the democratic structure of the country.
It also aims for equal rights for believers of all faiths, and not bigotry or partiality on grounds of faith.
Historical Background of Secularism
Secular practises are deeply rooted in the history of India. Indian culture is based on a fusion of different spiritual practises and social movements.
In ancient India, the Santhanam Dharma (Hinduism) was essentially allowed to evolve as a comprehensive religion by embracing various philosophical practises and attempting to incorporate them into a common mainstream.
Even after the emergence of Jainism, Buddhism and later Islam and Christianity on Indian soil, the search for religious harmony and co-existence of various faiths persisted.
Secularism and Indian Constitution
There is a strong integration of all the fundamental values of secularism into the various clauses of the Constitution.
It illustrates the fact that matter of law, India is a secular nation with no State religion. And that the state respects and respects all religions, does not promote or patronise any specific religion.
While Article 14 guarantees equality before the law and equal protection of the law to all, Article 15 broadens the definition of secularism to the fullest degree possible by banning discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16(1) guarantees equal outcomes for all people in matters of public employment and confirms that there will be no discrimination on the grounds of religion, colour, caste, sex, descent, place of birth and residence.
Article 25 states that ‘freedom of religion’ means that all individuals are equally entitled to freedom of conscience and the ability to freely believe, practise and spread religion.
In accordance with Article 26, every religious community or person has the right to set up and maintain institutions for religious and charitable purposes and to administer their internal affairs in matters of religion.
In accordance with Article 27, a State shall not require any person to pay any tax on the promotion or maintenance of any specific religion or religious institution.
Article 28 makes it possible for educational institutions run by various religious organisations to administer a religious organisation.
Article 29 and Article 30 provide for cultural and educational protections for minorities.
Article 51 A, that is to say. Fundamental duties authorise all people to cultivate peace and a spirit of collective brotherhood and to respect and conserve the rich heritage of our composite community.
Related cases
1. The freedom of religion provided by the Indian Constitution is not limited to its citizens, but applies to all individuals, including aliens. This argument was stressed by the Supreme Court in Ratilal Panachand V. Bombay State AIR (1954)388 SCR 1035, as it is very important since a large number of foreign Christian missionaries in India were involved at that time in spreading their faith among followers.
2. Indra V. Raj Narain AIR 1975 S.C 2299(India)the basic factor of secularism was stated by the Hon’ble Supreme Court, which held that secularism implies that the state has no religion in itself and that all persons of the country are equally entitled to freedom of religious expression and have the right freely to profess, practise and also have the right to profess, practise and propagate freely any religion.
3. S.R.Bommai V. Union of India AIR 1994 SC 1981(India)The bench of the supreme court, while approving the dismissal of four state governments governed by BJP on the grounds of religious behaviour, held that “secular not only implied that the state should have no religion by itself and should be impartial as between different religions, but that political party which attempted to seize power, the religious would have came to take power, the religions would have came to gain a secondary or less desirable position.
Conclusion
When the word ‘Secular’ was borrowed from the Western and held in the preamble of our constitution by the main leaders of modern India, the statement they wish to convey out to the world and the value system they wished to impart among the Indians was that India would have no state religion, all the people of this ancient country would be equal in the eyes of the government and the law.
India is a nation of diverse faiths, providing freedom of religion to all, and for the sake of equality of faith, India has become a secular republic. The term secular has been amended in the preamble with the assistance of the 42nd amendment (1976). Just like in the written constitution of India. India is the heavenly state (India), and we, as Indians, have to stand up for it.
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