Constitutional Provisions relating to secularism

QUES . The makers of the Indian Constitution were aware that a strong and united nation could be built only when all sections of people had the freedom to practice their religion. In the context of this statement mention the constitutional provisions relating to secularism.

RELEVANCE – UPSC GS MAINS PAPER I ; TOPIC – communalism, regionalism & secularism.

UPSC GS MAINS PAPER II ; TOPIC – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

HINTS:

Secularism is the part of Indian Constitution. The makers of the Indian Constitution were aware that a strong and united nation could be built only when all sections of people had the freedom to practice their religion. So secularism was accepted as one of the fundamental tenets for the development of democracy in India.

The word secularism was not mentioned in our Constitution when it was adopted in 1950. Later on in 1976, the word secular was incorporated in the Preamble through the 42nd Amendment of the Indian Constitution. (India is a Sovereign, Socialist, Secular, Democratic, Republic).

Must read: Secularism : Meaning , Objectives , Characteristics , Importance

The basic aim of our Constitution is to promote unity and integrity of the nation along with individual dignity. There is no state religion in India. The state will neither establish a religion of its own nor confer any special patronage upon any particular religion.

The freedom of religion guaranteed under the Indian Constitution is not confined to its citizen alone but extends to aliens also. This was pointed out by the Hon’ble Supreme Court in the case Ratilal Panchand V State of Bombay in 1954.

The Constitution of India has the following distinguishing features with respect to secularism:

a. The state will not identify itself with or be controlled by any religion

b. The state guarantees to everyone the right to profess any religion of their own.

c. The state will not accord any preferential treatment any of them.

d. No discrimination will be shown by the state against any person on account of his religious faith.

e. It creates fraternity of the Indian people and gives assurance the dignity of the individual and the unity of the nation.

Must read: Indian model of Secularism

Mosaic of Constitutional Provisions relating to secularism:

Article 15 – prohibition of discrimination on grounds of religion, caste, sex or place of birth etc.

Article 16 – equality of opportunity in public employment.

Article 25(1) – guarantees the freedom of conscience and the right to profess, practice and propagate religion individually.

Article 26 – Freedom to manage religious affairs.

Must read: Indian concept of secularism vs Western concept of secularism

Article 27 – The state shall not compel any citizen to pay any taxes for the promotion of any particular religion.

Article 28 – on religious instruction or religious worship in certain educational institution.

Article 29(2) – A ban on discrimination in state-aided educational institution .

Must read: Secularism in Education

The Indian State is secular and works in various ways to prevent religious domination. Secularism undoubtedly helps and aspires to enable every citizen to enjoy fully blessings of life, liberty and happiness. The Indian Constitution guarantees fundamental rights that are based on secular principles. It is one of the glowing achievement on Indian democracy.

External link: https://www.ncert.nic.in/ncerts/l/keps108.pdf

Related Posts

Application of Constitutional Morality to Ensure Balance Between Judicial Independence and Judicial Accountability

QUES . “Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike…”In view of the above observation of the…

Procedural and Substantive Limitations on the Amending Power of the Parliament

QUES . Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural…

Evolution of Collegium System in India

QUES . Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme…

Evolving Pattern of Centre-State Financial Relations

QUES . Examine the evolving pattern of Centre-State financial relations in the context of planned development in India. How far have the recent reforms impacted the fiscal…

Jammu and Kashmir Legislative Assembly : Nature, Powers and Functions

QUES . Discuss the nature of Jammu and Kashmir Legislative Assembly after the Jammu and Kashmir Reorganization Act, 2019. Briefly describe the powers and functions of the…

President’s Power to Pardon in India and USA : A Comparison

QUES . Compare and contrast the President’s power to pardon in India and in the USA. Are there any limits to it in both the countries? What…

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Content is protected !!