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secularism and a secular state

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Ramesha Ganganna
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14 views

secularism and a secular state

Uploaded by

Ramesha Ganganna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SECULARISM AND A

SECULAR STATE
Meaning, features
 Secularism is the principle that makes a state neutral in the matter of
religion and hence does not uphold any particular religion as the state
religion, for example, USA and India. Principled distance from religion is
the essence of Indian secularism.
 The 42nd amendment of the Constitution of India, amended the Preamble
of the Constitution declaring India as a secular nation. In India secularism
means state view all religions as equal.
Features of Indian Concept of
Secularism
 Positive concept of secularism: Indian Constitution embodies the
positive concept of secularism, i.e. giving equal respect to all religions or
protecting all religions equally. The Western concept of secularism
connotes a complete separation between the religion and the state.
 Basic feature of Indian constitution: Secularism is one of the basic
features of the Constitution. In a landmark judgement in the Bommai case
(1994), the Supreme Court upheld that secularism is a ‘basic feature’ of
the Constitution. Hence, a state government pursuing anti-secular politics
is liable to action under Article 356
 Concurrent power: The 7th schedule of Indian constitution places
religious institutions, charities and trusts into concurrent List, which
means that both the central government of India and various state
governments in India can make their own laws about religious institutions,
charities and trusts.
 Equality: The Constitution of India does not uphold any particular
religion as the official religion of the Indian State. It prevents the State
from discriminating against any citizen on the grounds of religion (Article
15).
 Focus on Harmony: Indian secularism focuses on harmony among all
religions rather than tight separation between state and religion. It allows
the state to prevent conflicts on basis of religion through timely
interventions which would have been disastrous for the state if not
controlled.
 Room for religious reforms: Indian secularism is broader in a sense that
it allows state intervention to help reform various evils and superstitions.
E.g. Many rules in Karnataka allowed the government to curb
superstitions that were against human rights.
 Protect rights over religion: By accepting community-based rights for
religious minorities, the state can protect the rights of Indian citizens. All
persons are equally entitled to freedom of conscience and the right to
freely profess, practice and propagate any religion (Article 25).
 Tolerance: By acceptance of all religions rather than tight separation it
reflects tolerant attitude of state and its people.
 Liberal: Many religiously sanctioned social practices are oppressive by
virtue of their illiberal and non-egalitarian character and deny a life of
dignity and self-respect. Therefore, Indian secularism helps liberal and
egalitarian principles by reforming such practices through state
intervention. E.g. recent Triple Talaq Act.

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