Secularism in the Indian Constitution
Secularism was already embedded in the Constitution through various provisions that ensure equality and non-discrimination
Key articles like Article 14 (equality), Article 15 and 16 (non-discrimination), Article 27 and 28 (no religious taxes or state-funded religious instruction), and Article 25(2)(a) (state regulation of religious practices) reflect secular values.
The Constitution guarantees a secular state with no religious preference, ensuring equal treatment for all religions.
Debate Over Secularism and Its Constitutional Inclusion
Prof. K.T. Shah's Proposal (1949): In the Constituent Assembly, Shah proposed explicitly adding “secular” to the Constitution to prevent future misunderstandings and reinforce the state’s secular nature.
Ambedkar's Response: Dr. B.R. Ambedkar rejected this, stating that secularism was already embedded in the Constitution and should not limit future generations' choices on social or economic structures.
42nd Amendment (1976): The term "secular" was added to the Preamble during the Emergency by the 42nd Amendment, which was largely symbolic but affirmed India’s commitment to secularism.
Secularism as Part of the Basic Structure
Kesavananda Bharati Case (1973): The Supreme Court ruled that secularism is part of the basic structure of the Constitution, meaning it cannot be altered or removed by any amendment.
S.R. Bommai Case (1994): The Court reaffirmed secularism as a core principle, ruling that states could not be dismissed on the grounds of religious affiliation.
Post-Emergency Amendments
44th Amendment (1978): After the Emergency, the Janata government undid many changes made by the 42nd Amendment but chose to keep the word "secular" in the Preamble.
Despite the political changes, secularism remains a fundamental constitutional value, beyond the reach of any short-term political majority, and part of the Constitution’s basic structure that cannot be effaced.
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