Secularism and the Indian Constitution

The article delves into the concept of secularism in India, touching upon historical perspectives, constitutional debates, and contemporary challenges. 

Historical Context and Nehru’s Influence

• Friedrich Nietzsche's quote about God is mentioned to highlight the ongoing influence of religion in governance worldwide.
• Jawaharlal Nehru played a crucial role in promoting secularism in India, viewing organized religion as often associated with superstition and exploitation.

Secularism in Indian Constitution

• The Supreme Court of India has clarified that Indian secularism is distinct from the French model of strict separation or the American model of non-establishment.
• Secularism in India is rooted in historical figures like Emperor Ashoka, who advocated for religious tolerance.
• Article 51A(b) emphasizes the fundamental duty to uphold ideals from the freedom struggle, including secularism.

Debates and Misconceptions

• There is ongoing debate on whether terms like 'secular' and 'socialist' should remain in the Constitution’s Preamble.
• Some believe secularism gives minorities undue privileges, but it actually protects religions from state interference.
• Historical examples show the dangers of a state-controlled religion, such as in the case of Islamic states.

Global Comparisons

• Various countries have different relationships between religion and state: 
  • In England, the Anglican Church is official, yet equal rights are recognized.
  • The Irish and Greek Constitutions mention religion but ensure equality and freedom of religion.
  • Pakistan and Sri Lanka offer religious preferences but assure minority rights.

Constitutional Silence and Flexibility

• Important concepts like federalism, judicial review, and rule of law are not explicitly mentioned but are part of the basic structure.
• The Kesavananda Bharati case (1973) established secularism as a basic structure of the Constitution.

Concluding Thoughts

• The article posits that Indian secularism, inspired by Ashoka’s Dhamma, is essential for societal harmony and equal respect for all religions.
• The constitutional intent was always a secular state, not a theocratic one.