Synopsis - SECULARISMS UNDER THE SHELL OF CONSTITUTION OF INDIA

INDEX

SR. CONTENTS PAGE NO.
NO.
1
1 Introduction 2
3
2 Significance of Study 4
5
3 Scope of the Study 5
6
4 Problem Statement 6
6
5 Research Questions of the Study 7
8
6 Objective of Study 10
10
7 Hypothesis 11
12
8 Research Methodology 13
14
9 Review of Literature 15

10 Chapter Scheme

11 Significance Findings

12 Suggestions

13 Limitations

14 Expected Contribution

15 Scope of Further Research

16 Conclusion

17 Bibliography/References/Law/Reports/Web Materials

18 Questionnaires

1. INTRODUCTION

India is a diverse country. Indians can express themselves by different ways in
terms of languages, dialects, cultures and religion. There are multiple socio-cultural
regions, each of them having its strong insight specific to the region; multiple
communities, religion, living styles, habits, behaviour pattern, food, fashion etc. The
Indian diversity has been one of the most fascinating and challenging parts. As any
modern civilization without the shell of Secularisms won’t achieve the hierarchy of
humanity and level of dignity which naturally accepted by the idea of any ideal society.
The concept of living together, with someone, for forever, until death, with happiness
and joy is a sign of healthy civilized society. This concept defines the new inception of
secularisms into the modern society.

British writer George Jacob Holyoake used the term “secularism” for the first time.
Secularism is the most crucial of separating of government organizations, and the
individuals required to signify the Condition, from religious organizations and religious
dignitaries. The idea of secularism furnished the sole reply as the coupling concrete of
Indian social order. Thus, an unfaltering and judicious thinking was solicited to wean
away open life from religion. Religion came to be recognized as a particular undertaking
with no impact on country’s strategies and choices. This appeared to be the main viable
response regarding multi- religious populace of India.

India is secular. Secularism is a basic feature of the Constitution. The state treats
equally all religious and religious denominations. Religion is a matter of individual faith
and can not be mixed with secular activities. Secular activities can be regulated by the
state by enacting a law. Secularism is not anti-god. It is not anti-religious. In the matter
of religion, the state is neutral and treats every religion equally. The doctrine of
secularism and freedom of religion are the two sides of the same coin. Freedom of
religion guaranteed under article 25 of the Indian Constitution is an extension of
doctrine of secularism.

Secularism is the essence of our democratic system. Secularism and the
brotherhoodness is a golden thread that runs into the entire constitutional scheme. In
the Indian context, secularism has been interpreted as the equal treatment of all
religions. In particular, the most significant impact of religion in everyday life of
an Indian citizen is in matters of civil law – marriage, divorce, inheritance and others.

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The acceptance of any human behaviour within any society without hesitations and
undue influence which represent the fulfilment of satisfaction. The concept of
secularisms is generally defined by many of scholars as “Secularism is a belief system
that rejects religion, or the belief that religion should not be part of the affairs of the
state or part of public education. The principles of separation of temple/mosque/church
and state and of keeping religion out of the public-school system are an example of
secularism”. The basic principles accepted by the Indian Constitution and the critical
study of secularism under the shell of constitution of India is explained in this study of
dissertation.

2. SIGNIFICANCE OF STUDY

The major significance of the study is to define and distinguishing the concept of
secularism under the shell of Constitution of India in view of the modern culture of the
21st century. The second important criteria of this study is to define the line between the
modern concept of secularism and the concept which carried by the forefathers of the
constitutions who emerged the concept of secularism in to the newly born India. The
major view to define this study on two different lines is because of the Idea which to
connect the link between the thinking over the secularism by 21st generation and the old
era of the past Indian generation. The major lines which drawn by the political situation
in between recent years into the minds of common citizens of the India and the so-called
scholars or the educated citizens. The commencement of the study will reveal the basic
and universally accepted concept of secularism the link between the Constitution of
India.

In political terms, secularism is a movement towards the separation of religion
and government. This can refer to reducing ties between a government and a state
religion, replacing laws based on scripture with civil laws, and eliminating
discrimination on the basis of religion. This is said to add to democracy by protecting
the rights of religious minorities. What all secular governments, from the democratic to
the authoritarian, share is a concern about the relationship between the church and the
state. Each secular government may find its own unique policy prescriptions for dealing
with that concern (separation being one of those possible policies; French models, in
which the state carefully monitors and regulates the church, being another). A major
impact on the idea of state religious liberty came from the writings of John Locke who,
in his A Letter Concerning Toleration, argued in favour of religious toleration. He

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argued that government must treat all citizens and all religions equally, and that it can
restrict actions, but not the religious intent behind them. In accord with the belief in the
separation of church and state, secularists tend to prefer that politicians make decisions
for secular rather than religious reasons. Some fundamentalists and scholars (notably
in the United States) oppose secularism, often claiming that there is a "radical
secularist" ideology being adopted in our current day and they see secularism as a threat
to "basic rights" and national security. The most significant forces of religious
fundamentalism in the contemporary world are Hindus fundamentalism, Christian
fundamentalism and Islamic fundamentalism. At the same time, one significant stream
of secularism has come from religious minorities who see governmental and political
secularism as integral to the preservation of equal rights.

3. SCOPE OF THE STUDY

The core of this study is the “secularism” which is critically studied in view of
to connect the link of acceptance of it by the past generations and extensions of the
acceptance by new generation of the modern era. Secularism is defined by the various
societies in their individual recognitions and the same is demarcated by the Indian
Society. Today it is secularism which keeps religious forces at bay who at the first
instance will try to stoke violence and hence communal problems. It is the only
medicine which can bring this country out of the cancerous effects of religious politics
and violence. The scope of this study is not only ends with above mentioned view but
it organized the views of all sectors of Indian society and the individual concepts on
their individual endorsement which rearranged the thinking pattern of the society which
has real meaning of unity in diversity. Major point which contain in this study is to
aware the section of society regarding the concept of secularism and their
misconceptions on it and minimising the influence of hardcore bigotry over
secularisms. The scope of secularism in India is mammoth. It is what can soothe the
minds and hearts of billions who would otherwise be baying for the blood of the ‘other’
man. Secularism is what binds a democratic nation. Before development takes place or
we become economically strong as a nation, we must ensure internal peace in the
country and draw up a resolution whereby we will do anything and everything to
maintain this peace. This peace can only be obtained and preserved by the spreading
and sharing of secular values and value systems. Secularism also has a large scope in

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the upliftment of the religious backward classes and the minority groups to make sure
they do not feel alienated from mainstream Indian way of life. We need to ensure that
a chunk of the overall national development must help in their development too, thus
removing the sources of religious discord.

4. PROBLEM STATEMENT

The elementary of this study is for to direct linking with the social view,
therefore the possibility of stuck down with the political view and the individual view
on the topic of secularism is very much possible. The view which defines the concept
of secularism is not only relates with social sojourner even with every single individual
of the nearby society therefore the concept of secularism is very much confusing on
various occasions. The core question of the Indian Society is that it is sometimes very
shy to defined or on another part it is very rude to agree. Therefore, might be it affect
to the critical study of secularism is the shell of Indian Constitution.

India is known for its social heterogeneity as for dialect and religion. Hindus
constitute the lion's share, while the Muslim constitutes the biggest minority. The
hostility between the Hindus and Muslims was to a great extent the production of the
English rulers. With a specific end goal to keep themselves in control, they received an
arrangement of 'separation and administer' and endeavour to advance sentiments of
threatening vibe among the individuals from these two networks. After long history of
freedom, at show too, the absence of appropriate change between them has regularly
brought about a rough upheaval and public mobs tragically turns into a genuine test to
common personality of our nation. Then again, all the time the political gatherings
including the national gatherings, to some of the time comma don't enabled secularism
to outweigh their political intrigue. The electorate in India, guided by convention tends
to be receptive to bids in light of position, religion and dialect.

Initially is the rule of freedom, which requires that state allow the act of any
religion, inside the farthest point set by certain other fundamental rights. second is the
standard of balance, which requires that the state don't give any inclination to one
religion over another. The third standard is lack of bias which is best portrayed as the
prerequisite that the state not offer inclination to the religions over non-religious and
which leads in continuation with the freedom and balance standards. By mainstream
country, we mean a country which has majority of religions yet which does not

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recognize itself with any of them either by making religion as its arranging rule or in
different ways. All country states are not common. There a few states, including a large
portion of the Bay and Middle Easterner nations like, Pakistan, Malaysia and Brunei in
Asia and Israel, which are not mainstream.

5. RESEARCH QUESTIONS OF THE STUDY

During the study or research on this topic the concept of secularism and making
this research would be difficult without studying the following major questions –

a) Concept of Secularisms.
b) Universal acceptance view and view accepted by the Indian Society.
c) Distinction between the concept of secularism in view of individual common citizens

and so-called scholars.
d) Critical study of secularism in the shell of Indian Constitution.
e) Distinction between the political and social view of secularisms.

6. OBJECTIVE OF STUDY

The objective of this study is Significance of distinguishing Religion from the
State and to learning the distinct view on secularism under the shell of Constitution of
India. The way of acceptance of secularisms into the society at large, and showing the
thoughts of peoples on it, and it’s influence in the society at large. The critical study of
this topic deals with the different views of society on secularisms and mainly the views
of Hon’ble Supreme Court in leading cases which changed the way of thinking. The
decisions given by Hon’ble Supreme Court on multiple occasions and how the
government implemented it by their policies. Political influence on this subject is
correspondingly the core catena of this research. The hardcore objective of this research
is to understand the views of common people on it.

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7. HYPOTHESIS

1. Null hypothesis: There is no change is secularism concept.
2. Alternate hypothesis: There is change in secularism concept.

From one viewpoint, it is ordinarily felt that secularism is the answer for
religious brutality in India, particularly concerning clashes between Hindus and
Muslims. Then again, secularism is fiercely challenged by a variety of groups. Also,
generally, thoughts of secularism and tolerance began as answers for issues identified
with the religious strife in the West. Consequently, it is imperative for religious studies
to advance a comprehension of the aforementioned issues that secularism and tolerance
can illuminate, and whether these are additionally the issues Indian social order faces
with respect to religious pluralism.

8. RESEARCH METHODOLOGY

This dissertation is a doctrinal research. The methods involved collection of data
through primary and secondary sources.

1. Primary data source A few sources is collected by the researcher and the data on how
the secularism concept attained its objectives in India.

2. Secondary data source Secondary information for the present research is collected from
online articles, research papers, journals, government records, newspapers, from
authors and websites based on the topic.

9. REVIEW OF LITERATURE

a) Secularism is a concept vitalises the integrated values in the modern society but the
trends of Multi-pluralistic society by the new phraseology of pseudo-secularism
(Watson) (Ajith Kumar, 2014).

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b) A Last and more controversial reason to forego secularism as a descriptor has to do with
the perineal concern of Indian secularism, Hindu nationalism, Hindu nationalist support
for true secularism (Nandy) (Deepa Das, 2013).

c) Secularism plays a major role for the protection of the state order. There is an
inseparable linkage between democracy and secularism in India. In India secularism
has emerged in our struggle for freedom as a complimentary value of democracy and
nationalism (Moyn).

d) The real education can grow only in secular environment of country. Indian constitution
is based on concept of political philosophy under which all forms of faith and worship
are of equal importance (Giddy).

e) At the very best, let us face up to a point that will be invariably made in any discussion
on “secularism‟ in India, viz, that in the Indian context has different meanings from its
standards use in the English language (Gledhill).

f) The English term “secular” comes from the Latin word saeculum, which meant a
generation, or an age, or the spirit of an age and could also signify the span of a century
(Taylor).

g) The status of “secularism‟ in the Indian constitution after the 42nd amendment has been
hugely contested. The term “secular” has advisedly not been defined presumably
because it is a very elastic term not capable of a precise definition and perhaps best left
undefined (Levey and Modood).

h) Constitutional and Administrative Law, By Dr S. A. Karandikar, Aarati Publication, for
taking the distinct parts of secularism.

10. CHAPTER SCHEME

Chapter 1 – Introduction
a) Abstract
b) Significance of study
c) Scope of the Study
d) Problem Statement
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e) Research Questions of the Study
f) Objectives of study
g) Hypothesis
h) Research Methodology
i) Review of Literature
j) Significance findings
k) Suggestions
l) Limitations
m) Expected contribution
n) Scope of further Research
Chapter 2 – Hindrance of secularism in India.
Chapter 3 – Secularisms under the shell of the Constitution of India.
Chapter 4 – Landmark Judgments on Secularisms.
Chapter 5 – Conclusion.
Chapter 6 – References/Bibliography.

11. SIGNIFICANCE FINDINGS

a) Secularism Is Not a Religion -
Some try to claim that secularism is a religion, but that's an oxymoron, analogous to
claiming that a bachelor can be married. Examining the characteristics which define
religions as distinct from other types of belief systems reveals just how wrong such
claims are, which raises the question of why people try so hard to defend the position.

b) Secularism as a Humanistic, Atheistic Philosophy –
While secularism is usually used to denote the absence of religion, it can also be used
to describe a philosophical system with personal, political, cultural, and social
implications. Secularism as a philosophy must be treated a differently from secularism
as a mere idea.

c) Secularism as a Political & Social Movement -
Secularism has always carried a strong connotation of a desire to establish an
autonomous political and social sphere which is naturalistic and materialistic, as
opposed to a religious realm where the supernatural and faith takes precedence.

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d) Secularism & Secularization are Vital for Liberty and Democracy –
Secularism and secularization are positive goods which must be defended as
foundations of liberal democracy because they enhance the broad distribution of power
and oppose the concentration of power in the hands of a few. This is why they are
opposed by authoritarian religious institutions and authoritarian religious leaders.

e) Does Secular Fundamentalism Exist? Do Secular Fundamentalists Exist? –
Some Christians allege that America is threatened by "secular fundamentalism," but
what is that? The most basic characteristics of Christian fundamentalism can't apply to
a secularism of any sort, but even the characteristics which apply most broadly to
fundamentalisms of many sorts can't be applied to secularism.

f) Religion in a Secular Society –
If secularism opposes the public support of religion or the presence of ecclesiastical
figures exercising public authority, what role is left for religion in a secular society? Is
religion doomed to a slow decline and attrition? Is it relegated to a web of quaint but
unimportant cultural traditions? Opponents of secularism and secularization fear
exactly such things, but those fears are misplaced at best.

g) Critiques of Secularism –
Not everyone has regarded secularism as a universal good. Many fails to find
secularism and the process of secularization to be beneficial, arguing that they are in
fact the primary sources of all society's ills. According to such critics, abandoning
atheistic secularism in favour of an explicitly theistic and religious foundation for
politics and culture would create a more stable, more moral, and ultimately better social
order. Are such critiques reasonable and accurate?

h) Secularism vs. Secularization -
Secularism and secularization are closely related, but they do not offer the same answer
to the question of the role of religion in society. Secularism argues for a sphere of
knowledge, values, and action that is independent of religious authority, but it does not
automatically exclude religion from having authority when it comes to political and
social matters. Secularization, in contrast, is a process which does involve such
exclusion.

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12. SUGGESTIONS

Presumably of the change of individual laws of various networks and the
authorization of uniform common code isn't a simple assignment. It is exceptionally
questionable and touchy issue. The investigation is additionally troublesome. In this
paper the uniform common code ought not be executed. It gets executed then the
secularism idea won't be demonstrated. The secularism idea will wind up illegal. The
secularism idea lead will get ignored. The following issue confronted is the deficient
training and station framework. In India there is no secularism in view of the position
framework. On the off chance that a poor need to get instruction framework is faulty.
At the point when the training and the station framework is damaged ten the secularism
idea manage will be disregarded and won't be material in the present situation

13. LIMITATIONS

As a notion, secularism was the result of Renaissance in Europe however the
saying secularism was not then utilized. Common demeanour rolled out as a response
to the propensity showed throughout the medieval ages to disdain human issues and to
ponder upon God. Provided that a starting is to be made towards comprehension the
importance of this statement, one may turn to the Oxford English, which states that
secularism is the convention that ethics ought to be built exclusively in light of respect
to the well-being of humankind in the present life to the avoidance of all contemplations
attracted on conviction God or in a fate State.

To a degree constrained, standard verbalization of Indian secularism sets out for
some something like this, the state must keep a principled separation from all open or
private, individual-arranged or group turned religious establishments for the purpose of
the similarly critical (and off and on again clashing) qualities of peace, this-common
products, pride, emancipation, and fairness (in all its entangled individualistic or non-
individualistic forms). Indian secularism then is a morally delicate, arranged settlement
between various bunches and unique qualities.

The tests that secularism and pluralist tolerance are confronting in India now-
We can, recognize between three however not offhand inclinations:
(1) shared dictatorship,

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(2) patriotism and
(3) activist obscurantism.

There are as it may be, particular political attributes that are for the most part
connected with rightist developments, and these components are positively introduce
around some of the aforementioned related to radical legislative issues in India today:
the utilization of brutality and danger to partisan goals, the misleading of parts of a
specific neighbourhood, mass activation dependent upon furious and profoundly
divisive claims, and the utilization of unconstitutional and solid arm strategies against
specific gatherings. These are the challenges to secularism.

14. EXPECTED CONTRIBUTION

Secularism in India is a recent development arising out of Indian setting and
problems, but India has not yet managed to attain the good of secular state. The concept
of secularism and its problem and prospects have also been studied against a back drop
of communalism and communal riots, casteism, the tactics and commitments of
political parties and the attitude of the Hindu and Muslim to secularism.

This study makes a comparative study on Indian and other states rule of decision.
The Indian state do not have a position of anti-God on anti-religion or irreligion; it treats
all religions alike, it respects all faiths and religions and does not identify itself with any
particular religion. Firstly, if secularism as equal respect to all religious means the
recognition of the relevance and validity of religion, and if it involves active practice of
religion, then there is no point in retaining that term. It is, in that case, better to say that
the State or Society or Nation is religious; to say so would be more candid, less
confusing, and less circuitous. Secondly, the equal respect to all religions is mostly a
passive idea; its purpose can be and has been negative. Its purpose has been to see to it
that the religious beliefs do not have any significant effect on the rule or power of the
state. It thinks of the place or role of religion primarily in the context of the actual or
potential conflict in a multi-religious society.

In summary, secular constitutions it seems can contain any of the following elements
and the expected contribution of this topics are -

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• Secularism works in many widely different societies; they are not without their
challenges but secularism provides the best framework for resolving differences fairly
and safely;
• It Defines - Secular states are not ‘atheist states’;
• There are different models of secularism to draw from.
• it defines differentiation or separation of religion and state;
• The state is not to legislate on the basis of any religion;
• The state does not recognise, financially support nor subsidise any religion;
• There should be freedom of religion;
• There should be free exercise of religious practice subject only to certain restrictions
in the interest of public order;
• A principle of religious toleration;
• Forbidding discrimination against any citizen on the basis of religion;
• Freedom of conscience. In practice this has meant:
• Not permitting any activity in public schools and other government-run areas that can
be viewed as a government endorsement of religion;
• Not displaying religious symbols in public schools, courts and other government
offices;
• Religion is to be regarded as a private affair. The principal lesson from this review is
that a secular state in the India is quite practical and would need to be shaped around
our society’s values, demography, institutions and political arrangements.

As one might expect in a secular state there is a constant tension between those who
want to change existing secular arrangements and those who want to maintain them.
This seems so regardless of how long established the secular constitution might be; and
some are long established.

15. SCOPE OF FURTHER RESEARCH

1. Connection amongst religious and the individual, the mainstream State. Liberal
equitable custom of the west and it is additionally said to be basically that which can be
gotten from the Indian Constitution itself (Liew; Habermas) (Donald Eugene, 1963).
Constitution of India is embraced an arrangement of political rationality that all types
of religious confidence and love are of equivalent status and has acknowledged the view
that government funded training and different issues of open strategy ought to be

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directed with the presentation of religious conclusions. Indian constitution has
expounded the rule of secularism in awesome detail. The idea of secularism isn't new
to India. The vision of secularism-'Sarwa Dharma Sambhava', that is, resilience for all
religions-has dependably been there in our nation and has its foundations in the Yajur
veda, atharva veda and apparatus veda. Anyway, the word secularism was not utilized
as a part of the Indian Constitution until 42nd alteration in 1976, which consolidated
the word unequivocally in the introduction. The genuine instruction can become just in
mainstream condition of nation. A common state is one which perceives each subject
as equivalent and does not perceive any social or religious gatherings. Be that as it may,
for all intents and purposes, in secularism there is likewise resilience of all religions
with extraordinary accentuation on the insurance of minorities and protection of shared
agreement. India is accepted as a country in hypothetical stage where as strains of
assorted types are making near.

2. The Hon'ble Incomparable Court of India, which is viewed as the watchman of
constitutionalism in India. The Hon'ble Incomparable Court of India in Sardar
Taheruddin Syedna Saheb v. Territory of Bombay AIR 1962 SC 871, 853 out of the
blue clarified the idea of secularism wherein Ayyangar, J., clarified article 25 and 26
exemplify the rule of religious toleration that has been the trademark highlight of Indian
Human progress from the beginning of history. The occasions and periods when this
element was truant being just variations. Plus, they serve to underline the mainstream
idea of Indian popular government which the establishing fathers thought to be the plain
premise of the constitution.

16. CONCLUSION

The one statement which concludes my research and what I have understood
through my research is that – India is a secular nation. Though as stated above in the
research questions, there are challenges to our secular nature, but in no way does it show
that our country has not been able to overcome these challenges and maintain its secular
nature. Development of the nation not only depends on economic development but also
in preserving the secular nature of this nation. Democracy is a continuous process with
no final objective but the very process of maintaining a democratic nature is the
objective itself. Hence maintenance of secular nature is the objective and not the distant
goal of a secular nation without any sectarian violence.

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Amid its long improvement the expression "secularization" has frequently
served the partisans of contention and has always gone up against new implications
without totally losing old ones, Thus, it is swollen with hints and suggestions,
particularly those related with apathy or threatening vibe to whatever considered
"religious". There is change in secularism idea. The elective theory is demonstrated.
The various beginnings of Indian secularism ascend as a legitimating vocabulary of
political talk, as highlighted by this article. Dependent upon the significance attributed
to "being normal", the association among religion and administrative issues can be
imagined similar to separation or closeness, forbiddance or consolidation. In the
occasion that Article 371F of the Indian Constitution that appreciates one of a kind
game for the blend of a religious Sikkim and declared its change into a fame based state
reveals the serious significance of secularism, by then the dynamic redoing of Sikkim
as a blessed scene in the contemporary setting of state-facilitated headway and the state
governments tries to change Sikkim into a point of convergence of trip indicates both
the commodification of religion and the reconstitution of its standard inspiration.

17. BIBLIOGRAPHY/REFERENCES/LAW/REPORTS/WEB MATERIALS

1) Secularism is a concept vitalises the integrated values in the modern society but the trends
of Multi-pluralistic society by the new phraseology of pseudo-secularism (Watson) (Ajith
Kumar, 2014).

2) A Last and more controversial reason to forego secularism as a descriptor has to do with the
perineal concern of Indian secularism, Hindu nationalism, Hindu nationalist support for true
secularism (Nandy) (Deepa Das, 2013).

3) The real education can grow only in secular environment of country. Indian constitution is
based on concept of political philosophy under which all forms of faith and worship are of
equal importance (Giddy).

4) Secularism plays a major role for the protection of the state order. There is an inseparable
linkage between democracy and secularism in India. In India secularism has emerged in our
struggle for freedom as a complimentary value of democracy and nationalism (Moyn).

14

5) At the very best, let us face up to a point that will be invariably made in any discussion on
“secularism‟ in India, viz, that in the Indian context has different meanings from its
standards use in the English language (Gledhill).

6) Constitutional and Administrative Law, by Dr. S. A. Karandikar, Aarati Publication.
7) Research on website – en.wikipedia.org, www.thehindu.com, https://www.jstor.org,

http://www.legalservicesindia.com, https://economictimes.indiatimes.com,

8) The status of “secularism‟ in the Indian constitution after the 42nd amendment has been
hugely contested. The term “secular” has advisedly not been defined presumably because it
is a very elastic term not capable of a precise definition and perhaps best left undefined
(Levey and Modood).

18. QUESTIONNAIRES

1. What is the definition and status of secularism in India?
2. What is secular purpose?
3. What does secular mean in history?
4. Is secularism a religion
5. Does secular mean atheist?
6. What are the types of secularism?
7. What are the aspects of secularism?
8. Introduction of Secularism on Indian context
9. Hindrance on Secularisms and how to overcomes from it?
10. Critical study on Secularisms and its protection under the constitution of India
11. What is the difference between Indian secularism and Western secularism?
12. Landmark judgments of hon’ble supreme court of India which changed the view of thinking

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