Secular Nature of Indian Constitution
Context:
The Supreme Court recently upheld the dismissal of a Christian Army officer for refusing to participate in a regimental pooja, emphasizing that the Indian Army is known for its secular approach and that individual religious sentiments cannot supersede military discipline.
The court remarked that Article 25 protects essential religious features not every personal sentiment or private understanding of religion.
Secular Provisions under Fundamental Rights
Article 14:
It guarantees equality before the law and equal protection of laws to all persons, ensuring no discrimination on religious grounds.
Article 15:
It prohibits discrimination by the State against any citizen on grounds only of religion, race, caste, sex, or place of birth.
Article 16:
It ensures equality of opportunity in matters of public employment and prohibits discrimination on the grounds of religion.
Article 25:
It guarantees freedom of conscience and the right to freely profess, practice, and propagate religion to all persons.
This is subject to public order, morality, and health.
Article 26:
It grants every religious denomination the right to manage its own affairs in matters of religion, establish institutions for religious/charitable purposes, and own property.
Indian vs. Western Secularism:
Western Concept:
A strict separation (wall of separation) between religion and the state
This is called negative secularism.
Indian Concept:
India follows what is known as positive secularism (Sarva Dharma Samabhava) or Principled Distance.
Here the State treats all religions equally and can intervene to reform social evils
For example, untouchability, triple talaq.
Supreme Court Judgements:
In Dr. Balram Singh & Ors. vs Union of India & Ors. (2024), the Supreme court validity of inserting 'socialist' and 'secular' in the Preamble. The Supreme court held that India developed own interpretation of secularism - State treats all faiths equally.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court interpreted that secularism is one of the essential features of that “basic structure”. Even though “secular” was added formally only through the 42nd Amendment (1976), the underlying value of religious equality, liberty of conscience, and nondiscrimination on religious grounds was viewed as fundamental.