Dissertation - SECULARISMS UNDER THE SHELL OF CONSTITUTION OF INDIA

diversified populaces in one national bond. Still, we have done it successfully
notwithstanding ugly memories of partition. Finally, we can say that true law always
upholds true spirituality, which brings peace, harmony and goodwill amongst all
ethnic communities. Poet Iqbal has rightly said,12

“Mazhab Nahi Seekhata, Aapas me bair rakhana”

Impediments to Secularism

Communalism is treating the interests of other religions differently and also as
inimical to one’s own religion. 11

Politics has two sides: One democratic, which is based on issues of real life
and second is communal, based on religious community that is monolith – having
same interests. It is projected that interests of one community are common and are
different and hostile to the interests of another community. To carry these interests
forward, this kind of politics is harboured. 14

It is the intolerance in human beings for others supremacy and clear
mindedness in cases where the others opinion is given more weight. Due to various
reasons man starts developing a feeling of being better than people of other
community and in order to suppress them, he resorts to communal violence.

Due to anonymity of mob people tend to do whatever they want in a group. An
average person in society believes in what politician says, people in mob tend to
look their rationality and turn violent. 7

The members of a minority feel insecure about the continuance of their
community and they believe that they have to struggle for existence. Also, the
misinterpretation of sacred verses and perverted readings etc. add up to such
conditions. 7

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1. Strict possible steps by the Election Commission, against the political parties
which try to assume power through inflammatory speeches and communal
propaganda.7

2. Strict punishment to police personnel found guilty of neglecting their duty, or
encouraging communal violence.

3. All other officers who intentionally infatuate controlling violence.

4. Make media more responsible, so that it brings true picture of the violence.

5. School text books should be in-coloured/un-prejudiced.

6. Promote communal harmony by organizing inter-religious meets, festivals,
jathras, broadcasting such events through media so that people become aware
of harmony. 7

It is one of the unfulfilled tasks on the part of Legislature to enact this law as
mentioned in the Chapter IV of Constitution. The Govt. should take consent of all
religions and may give options for the religions to adopt the Law and time period
for adoption.7

Secularism in the Indian Constitution is Very simple, it asserts that: 12
1. The state by itself shall not espouse or establish or practice any religion.
2. Public revenues will not be used to promote any religion.
3. The state shall have the power to regulate any economic, financial or other
secular activity associated with religious practice – Article 25 (2)
4. The state shall have the power through the law to provide for social welfare
and reform or the throwing open of Hindu religious institutions of public
character to all classes and sections of Hindus.
5. Article 17 constitutionally outlaws the practice of untouchability.
6. Every individual person will have under Article 25 an equal right to freedom
of conscience and religion.

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7. These rights are however subject to the power of the state through law to
impose restrictions on the ground of public order, morality and health.

8. These rights are furthermore subject to other fundamental rights in Part III.
9. The courts, especially the Supreme Court shall have the final say on

adjudging state action as valid or otherwise under the above principles. 11

Indian secularism is religion affirming and not religion negating. The
necessary corollary to the absence of state patronage to any religion is the freedom
of religion to all. The Constitution permits practicing and propagating religion. But
the right to propagate one’s religion does not give right to convert any person to
one’s own religion. The practices of conversions from Hinduism to Christianity,
Islam and Buddhism are against the secular provisions of the Constitution.
Furthermore, unlike in India, the constitutions of many countries in the world that
provide freedom to religion do not guarantee the right to propagate as a fundamental
right. 8

Objective of Study

It was in 1661 that Jawaharlal Nehru elaborated on the concept of secularism.
Some people think that secularism means something opposed to religion. But this is
not the correct notion of secularism. A state can be held to be secular if it honours
all religious faiths equally.9

Strictly speaking, we do not need to proclaim secularism in order to grant
religious freedom. This freedom can emerge from Article 16 the Constitution. The
principle of secularism goes further and establishes equality between all religious
groups. The right to equality granted by Article14 of the Constitution can protect
equality among religious communities. In order to ensure the equality of religions
no religion will be at risk in a secular India. 9

The government should not be aligned to any religion in India. There should
be an essential connection between secularism and democracy. But it is surprising
that the concept of secularism did not form part of the preamble to the Constitution
till 1676. The constitution, as it was originally adopted, did not contain the word

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‘secular’, which was inserted into the preamble only through the 42nd amendment
introduced by Indira Gandhi’s government during the height of Emergency. 9

Some commentators also point to B.R. Ambedkar’s pointed rejection of
proposals during the Constitution’s drafting to have the word ‘secular’ included in
the preamble. These facts only buttress arguments against the inclusion of
secularism as a constitutional deal. In this context it is to be pointed out that our
Constitution does not acquire its secular character merely from the words in the
preamble, but from a collective reading of many of its provisions, particularly the
various fundamental rights that it guarantees. The endeavour here should be to
steadily buttress the secular values that the constitution espouses. 4

It is certainly true that the Constituent Assembly explicitly rejected a motion
moved by Brajeshwar Prasad from Bihar to have the words “secular” and “socialist”
included in the preamble. But this was not on account of any scepticism that the
drafters might have had on the values of secularism. Quite to the contrary, despite
what some might want us to believe today, the assembly virtually took for granted
India’s secular status. For the Assembly members, any republic that purports to grant
equality before the law to all its citizens, that purports to recognize people’s rights
to free speech, to a freedom of religion and conscience cannot be un-secular. 6

How can a person be guaranteed a right to freedom of religion without a
concomitant guarantee that people of all religions will be treated with equal
concern? To fully understand what secularism in the Indian context means,
therefore, we must read the Constitution in its entirety. There is no doubt that within
the Constituent Assembly, there existed a conflict between two differing visions of
secularism: one that called for a complete wall of separation between state and
religion, and another that demanded that the state treat every religion with equal
respect. 9

A study of the Constitution and the debates that went into its framing reveals
that ultimately it was the latter vision that prevailed. In K.M. Munshi’s words, “We
are a people with deeply religious moorings. At the same time, we have a living

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tradition of religious tolerance – the results of the broad outlook of Hinduism that
all religions lead to the same god. In view of this situation, our state could not
possibly have a state religion.” 9

Rajeev Bhargava has explained that what secularism in the Indian setting calls
for is the maintenance of a “principled distance” between state and religion. This
does not mean that the state cannot intervene in religion but that any intervention
should be within the limitations prescribed by the Constitution. Sometimes this
might even call for differential treatment across religions, which would be valid so
long as such differentiation can be justified on the grounds that it promotes freedom,
equality or any other value integral to secularism. 11

Suhrith Parthasarathy maintains: “It might well yet be inconceivable that the
government chooses to amend the Constitution by destroying its basic structure. But
these are not the only efforts we must guard against. We must equally oppose every
move, every action, with or without the state’s sanction, that promotes tyrannical
majoritarianism, that imposes an unreasonable burden on the simple freedoms of the
minority. We can only do this by recognizing what constitutes the essence and soul
of the Constitution: a trust in the promise of equality. What, we might want to
keeping asking ourselves, does equality really entail?”

But in his view, one thing that needs to be done urgently is to clarify the term
secularism as enshrined in our Constitution. In India religious nationalism is still a
potent force. The emergence of the Hindu-oriented Bharatiya Janata Party (BJP) as
a major political player in the 1691 elections and the spectacular destruction of the
mosque at Ayodhya by Hindu nationalist mobs in 1692 has been followed by the
stabilisation of BJP as an important party.12

Elections in December 1694 and February 1695 showed persistent gains by the
BJP and indicated that Hindu politics would be a factor on the Indian scene for some
time to come. How should one respond to the rise of religious politics in India? Is it
a relatively benign force or a demonic one? Does it have legitimate roots in Indian
tradition or is it a virus imported from some sort of world-wide fundamentalist

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plague? Is it a symptom of social and economic problems or is it purely a religious
aberration? Is it a cynical use of religion by politicians or a corruption of politics by
religious activists? Is it a matter for only Indians to be concerned about, or should it
also alarm foreigners – including Americans – concerned about human rights around
the world? 9

These questions are subjects of lively debate in India and they cause
controversy in Europe and America as well. Indians tend to emphasise issues
specific to the Indian subcontinent and their own colonial past, whereas non-Indians
often look at global issues, especially those similar or related to Euro-American
concerns. 9

Within the Indian perspective there is a split between the secularist and non-
secularist camps, and within the Euro American points of view there are differences
between classic liberal and relativist positions. The topic up for debate is Hindu,
Hinduism and Hindutva. Hindutva as Savarkar famously said has nothing to do with
Hinduism. The relationship between Hinduism and Hindutva is a highly perverted
vision of what India is. Hindutva is a toxic ideology which divides people and whose
basis is to create hate against the other, particularly Muslims but also Christianity. 9

Analyzing the democratic spirit of Hinduism, Pawan Varma says, “One of the
inalterable inferences is that Hinduism is essentially and fundamentally dialogic, it
is eclectic, it is inclusive and it is based on something called Shastra, where you can
talk with somebody you disagree with respect …” He maintains further: “I also
realize Hinduism is in many ways remarkably revolutionary – of the six systems of
philosophy, five are technically, atheist. So, their search traditionally, at least in
Hindu thought, was not for god, not for ritual, but for what could be the ultimate
truth that underlines our lives and this (universe) around us. That is the Hinduism
that exists.” 9

Dwelling on Hindutva he utters: “Hindutva which is a derivative, artificially
implanted on the great tradition of Hinduism, largely for political reasons, is by
contrast quite the opposite in terms of being aggressive, in being inflexible, in being

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prescriptive, in being superficial and in being intolerant…” An expert commentator
argues that what binds India together is a lot of diversity within Hinduism. It is, in
her view, a cultural identification as opposed to a very organized religious affinity.
According to some experts, no civilized nation can thrive if it is possessed with the
spirit of Hindutva. Hindutva is a political project. But Hinduism is very diverse and
pluralistic. The question arises as to what instruments we need to create an
environment of pluralism. There is an attempt, as Romila Thapar, the historian, calls
it to have a Syndicated Hinduism, where one gets everything together. 9

Comparative Study of Importance of Secularism in Various Constitutional
Frameworks: -10

A. The Importance of Secularism in the USA
The main alteration gone by the USA on Passed by Congress September 25,

1789. Confirmed on December 15, 1791 which states that Congress will make no
law regarding a foundation of religion, or precluding the free exercise thereof; or
condensing the right to speak freely, or of the press; or the directly of the general
population quietly to amass, and to request of the Government for a change of
complains.

The primary change gone by the USA is a tremendous fix for the partisan wars that
had been so harming, and it likewise helped towards the clearness of different
concerns held by religious groups that had fled to escape oppression by their
legislatures to America from Europe. The early law joined the region right now of
its very establishing. This law was fundamental for another intention was that to
clear up that America isn't only a Christian country.

Numerous individuals have begun to trust that America is a Christian country and
the condition of disparity occurring from the premise of religion would have turned
into a major issue. Do Christians overwhelm the general public by numbers? Indeed,
however that is the reason it was so important to make laws in regards to the lucidity
of the situation of law in the USA so individuals rehearsing some other religion in
the Nation can be ensured by it. 10

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B. The Importance of Secularism in France-
Laïcité which means mainstream quality is a French idea of secularism. France

is one of the main western nations to demand this idea. It had bolstered this idea
since 1605 when a law was passed with the plan to advance more freedoms. This
idea was considerable in France for the security of minor as from social weights and
to maintain a strategic distance from any contention between the minors who
demonstrate their religious connection. It is significant for a minor to acknowledge
the diverse decisions made by the other individuals and regard their choice. There
is more noteworthy social assorted variety in France today than previously, which
is the reason the nation needs secularism now like never before, for it empowers all
residents, whatever their philosophical or religious convictions, to live respectively,
getting a charge out of opportunity of still, small voice, opportunity to rehearse a
religion or to decide not to, measure up to rights and commitments, and republican
club.

Secularism isn't a sentiment among others, but instead the opportunity to have
an end or the assessment. It's anything but a conviction, yet rather the guideline
approving all speculations, giving they regard the belief systems of opportunity of
still, small voice and equivalent rights. Thus, it is neither genius nor hostile to
religious. On this premise, adherence to confidence or philosophical conviction is
altogether an issue of opportunity of still, small voice for each man or lady. 10

C. The Importance of Secularism in Russia-
There are two components of Secularism one that what is written in the

Constitution and the other being if what is printed is really rehearsed. Russia's
Constitution accommodates Freedom of religion and the constitution likewise give
equity of all religious conviction in the law. There is additionally a partition of
chapel and the state. While the opportunity of religion by and by is in every case
hard to accomplish. There were numerous occasions of religious confinements as
on 1697. 31 Dec. 2001, the Ministry of Justice started to breakdown around 2000
associations lawfully that hadn't been separated. Numerous religious social orders
rehearsed defilement which gave the administration an advantage as they can
profess to end a non-degenerate religious social order just by proclaiming it

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degenerate. There are numerous cases were additionally documented by the people
against religious social orders. There were heartless systems viewing naming a
network as religious associations on account of which numerous religious networks
named themselves as social associations. 10

D. The Importance of Secularism in India-
The idea of Secularism assumes an essential job in India. Secularism in India is

a positive, progressive and thorough idea which takes inside its range every one of
the networks in India following a few religions. It isn't unfavourable in the earth, it
isn’t hostile to God. Indian secularism perceives the significance of religious
conviction in human life. It trusts that no religion has the restraining infrastructure
of philosophical knowledge it enables all religious to release their capacity inside
their genuine words. On the off chance that nationals need to venerate their God,
Indian secularism perceives the need and directly for such supplication and love. It
doesn't recommend the act of a specific religion. Complete opportunity of religion
is anchored in our Indian Constitution. The Indian Constitution guarantees equality
of all religions before the law. In that respect, our constitution is strictly founded on
a secular concept. Our constitution guarantees fundamental rights of religious
freedom. The concept of secularism has a firm root in India. The whole world
recognizes this fact.10

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.9

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The basic object of present study it to examine the role of Supreme Court of
India in the area of Freedom of religion and up to what extent this freedom is
available to citizens. 2

Following are the objectives of the study·2

 To determine the Role of Supreme court of India in the area of secularism
and freedom of religion.

 To analyse the power of Supreme Court of India in interpreting freedom of
religion and maintenance of secularism·

 To define the contours of secularism and religious freedom in India·

 To define the limits and extent of secularism and freedom of religion of
Indian citizens.2

In the light of above situation in India, researcher can easily offer concrete
suggestions or proposals for reform or improvement in the given law. By the
comparative study, check the historical background, all the legal aspect including
Indian Judiciary, aspect of Judiciary, Legislative & Executive branch as the doctrine
of “Separation of Power” study of all the mentioned topic researcher formulated his
proposal to reform in practice term of “Secularism”. “The past often explains the
present” by this term researcher study with carefully of Historical background
because histories always give us our future proviso.

The histories also give us alternative legislative provisions. The histories also
disclose the requirement of legislative provisions i.e. “Secularism”. Thus, analytical
[i.e., finding the existing law]; historical [i.e., finding out the previous law in order
to understand the reasons behind the existing law and the course of evolution], and
comparative [i.e., finding out what the law is in other countries, and considering
whether it can be adapted, with or without modifications] lead to law reforms or
development of law.

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Researcher would like to quote the quotation from Hudson: 14

“All progress is born of inquiry.
Doubt is often better than overconfidence,

for it leads to inquiry,
and inquiry leads to invention.”

Generally, sometime we can say that; law is always prevailing on social
values, here researcher want that his research would be useful to Indian Legislative
branch and also be useful to know something hidden or discovered truth about the
“Secularism” in the context of Constitution of India, Indian Judiciary, religious
aspects and Indian society. Researchers, systematic investigation clearing that law
helps in knowing the existing and emerging legislative policies, laws, social
relevance and efficacy, etc. Researcher wants the research should be useful to
develop the Indian Law in context of socio-economically development in the
country. Researcher is very clear about use of research should be in the benefits of
Indian society. Here he wants the observation by the Luhman on the relationship
between the Law & Society: 14

“All collective human life is directly or indirectly
shaped by law. Law is, like knowledge, an essential and
all-pervasive fact of the social condition. No area of
life-whether it is the family or the religious community,
scientific research is the internal network of political
parties-can find a lasting social order that is not based
on law ---. A minimum amount of legal orientation is
indispensable everywhere.” 14

Thus, there are three dimensions or aspects of a legal system:
(i) Legal system as a normative system,
(ii) Legal system as a social system, and
(iii) Legal system as a combination of formal and non-formal norms of social
control. 14

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Finally, in the contemporary modern state, researcher humble argue is that
research should be benefit in favor of Indian Society & Indian Laws.

For the purpose of understanding the law of today --- I am
content to think of law as a social institution to satisfy social wants-
the claims and demands and expectations involved in the existence of
civilized society-by giving effect to as much as we may with the least
sacrifice, so far as such wants may be satisfied or such claims given
effect by an ordering of human conduct through politically organized
society. 9

- Roscoe Pound

I do not see how anyone can possibly understand the law or know
anything of it, except memoriter, without getting a clear idea of how
it is in fact generated in society and adapted from age to age to its
immediate needs and uses. 9

- Woodrow Wilson

The research method for this research is DOCTRINAL LEGAL RESEARCH.
This legal research will go through legal doctrines through analysis of statutory
provisions and cases by the application of power of reasoning. It gives emphasis on
analysis of legal rules, principles or doctrines about the term "Secular". Researcher
also try to cover the relationship of "Secular" with people, social values and social
institutions. It endeavours to highlight the relationship between "Secular" and other
behavioural sciences and social facts. It also involves empirical inquiry into the
operation of law. Here inquiry is directed to some manifestation of human behaviour
as law affects it or as it affects law. The researcher wants to know to what extent
certain legal rules work or have worked. 9

This Doctrinal legal research endeavours to develop theories, doctrinal legal
research is, therefore, ‘research in law’. It involves a systematic exposition, analysis
and critical evaluation of legal rules, doctrines or concepts, their conceptual bases,
and interrelationship. To put it in a different way, a doctrinal legal researcher

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indulges into analysis of ‘black-letter’ of law. Researcher therefore sticks pretty
close to the primary source materials, to the Constitution (where legal system has
one), to legislation (statutes, statutory instruments) and to the leading judicial
decisions (the precedents). As this place 25 and source of data, namely, substantive
legal rules, doctrines, or concepts and judicial decisions thereon, required for
doctrinal legal research is law library, doctrinal legal research is nicknamed as ‘arm-
chair research’, or ‘basic or fundamental research’. 6

Research, as conceived in the legal research domain, is research ‘about’ what
the prevailing state of legal doctrine, legal rule, or legal principle is. Researcher
undertaking doctrinal legal research, therefore, takes one or more legal propositions,
principles, rules or doctrines as a starting point and focus of his study about the
"Secular". He ‘locates’ such a principle, rule or doctrine in statutory instrument(s),
judicial opinions thereon, discussions thereof in legal treatises, commentaries,
textbooks, encyclopedias, legal periodicals, and debates, if any, that took place at
the formative stage of such a rule, doctrine or proposition. Thereafter, he ‘reads’
them in a holistic manner and makes an ‘analysis’ of the material as well as of the
rules, doctrines and formulates his ‘conclusions’ and writes up his study. 5

In this research, thus, involves:
(i) systematic analysis of statutory provisions and of legal principles involved

therein, or derived therefrom about "Secular", and
(ii) logical and rational ordering of the legal propositions and principles about

"Secular".11

The researcher gives emphasis on substantive law rules, doctrines, concepts
and judicial pronouncements. He organizes his study around legal propositions and
judicial pronouncements on the legal propositions of the appellate courts, and other
conventional legal materials, such as parliamentary debates, revealing the legislative
intent, policy and history of the rule or doctrine. In addition to analytical one, may
be historical or comparative. Historical legal research, unlike analytical one, deals
with the past. It throws light on the past to understand the present. It explores the
circumstances that led to the adoption of the existing law about the "Secular". It

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gives a clue to the reasons why "Secular" provision of law or law was framed in the
form in which now it appears. It also often reveals that term "Secular" existing
provision/law, fully justifiable at the time when it was introduced, is no longer
justifiable because the reasons/circumstances that justified the original inclusion of
that provision/law are no longer valid. While comparative research, as evident from
its title, involves comparative study of comparable laws or legal institutions from
different jurisdictions. It exhibits the lessons that can be learnt from each other’s
failures and achievements. 13

The researcher organizes his study around legal provisions, principles,
concepts or doctrines and judicial statements relating thereto, and/or reflecting
thereon. He not only 26 makes analysis of statutory provisions and of case law, but
also logically and systematically arranges the statutory provisions and judicial
pronouncements to deduce, on legal reasoning and rationale, some legal
propositions about the "Secularism". This doctrinal legal research, thus, 15

(i) Aims to study case law and statutory law, with a view to find law about
“Secularism”,

(ii) Aims at consistency and certainty of law about “Secularism”,
(iii) Looks into the purpose and policy of law that exists about “Secularism”, and
(iv) Aims to study legal institutions about “Secularism”. 13

Therefore, the research should not be undermined merely because it revolves
around statutes and judicial decisions. It immensely contributes to the continuity,
consistency and certainty of law about “Secularism”. It also initiates further
development of legal principles and doctrines about “Secularism”. The research
mandates the legal researcher to ‘locate’ the required apt statutory provisions and
judicial reflections thereon that have bearing on the legal doctrine, concept or rule
under inquiry about “Secularism”. Such legislative provisions and judicial decisions
constitute the basic data for a doctrinal legal researcher. 15

The basic tools of a doctrinal legal researcher, thus, are: -
(i) Statutory materials,

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(ii) Case reports,
(iii) Standard textbooks and reference books,
(iv) Legal periodicals,
(v) Parliamentary Debates and Government Reports, and
(vi) Micro films and CD-ROM. 15

These tools, depending upon the nature of information they contain, may be
recategorized into primary and secondary sources of information. National Gazette
and Case Reports fall in the first category, while the rest fall in the latter. 15

Researcher want to exposition of the rules governing a particular legal
category, analyses the relationship between Society & Constitution of India, rules
explains areas of difficulty and, perhaps, predicts future developments, relationship
between Law & Religious, Law & Social need. 15

This research is reformative – oriented based, by the academically. And should
be recommended change or reform or amend the proviso. 15

Research want foster a more complete understanding of the conceptual bases
of legal principles and of the combined effects of a range of rules and procedures
that touch on a particular area of activity. 3

Collecting the facts;

Identify the legal issues related to “Secularism” Analyse those issues with a view

to searching for the law Background reading

 Legal History Analysis of Secularism in India & Universal

 Legal Judgements

 Legal Encyclopaedias

 Law Books

 Law reform and policy papers

 Law & other Journals & articles

 Parliamentary Debates

 Legal Literature Survey

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 Content Analysis: Reading judgments, legislation and policy documents as
text

Locate primary material
 Constitution of India
 Legislation and delegated legislation
 Case law

Synthesise all the issues in context Come to a tentative conclusion
(a) Observation method.
(b) Interview Method.
(c) Survey method.
(d) Case study method.
(e) Cause and effect analysis. 15

 Internal – doctrinal research methodologies – from the inside - studying the
texts of the law – what the law is

 External – empirical research methodologies – from the outside - studying
how law works in society15

Hypothesis

Null hypothesis: There is no change is secularism concept.
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.

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I. Supreme Court determines contours of secularism and religious
freedoms of persons.2

II. Religious freedom is subject to reasonable restrictions and the
concept of Secularism. 2

III. Religious freedom is subject to rights of others. 2

It is said that man’s mind, like his body, is often active without any immediate
goal. A number of interesting hypotheses may emanate from man’s mind but all of
them may not necessarily be empirically verifiable. Some of them may be left to die
alone, while a few (or most) of them may not even destined to play any significant
role in either advancement of knowledge or of development of science. What we, as
researchers, in interested in can be hypotheses that are usable in our research
endeavor and are liable to be empirically verifiable. We, therefore, should have
some criteria to judge the usability or workability of a hypothesis. Let us now turn
to some of the criteria for judging the usability of a hypothesis.15

A hypothesis, regardless of its source, states what researcher is looking for. It
also suggests some plausible explanations about the probable relationships between
the Secularism & Constitution of India. In fact, it navigates the research. Without it,
no further step is possible in said research. Cohen and Nagel, highlighting the value
of hypothesis in a scientific inquiry, have aptly observed that ‘we cannot take a
single step forward in any inquiry unless we begin with a suggested explanation or
solution of the difficulty which originated it.’ The researcher knows what is his
hypothesis is, he can easily make predictions about its possible answers or
explanations and proceed further to seek those answers or explanations. It directs
the lines of inquiry and thereby makes it more specific. It is the necessary link
between Secularism & Constitution of India, which leads to the discovery of
additions to knowledge. 15

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A hypothesis, by delimiting the area of research, keeps a researcher on the right
track in his research journey. It also helps him in sharpening his thinking and
focusing attention on the more important facets of the problem under investigation.
Without a hypothesis, this legal research becomes ‘unfocused’ and ‘a random
empirical wandering’. It prevents a blind search and indiscriminate gathering of
masses of data which may later prove irrelevant to the problem under study. The
results of this study premised on irrelevant data can only lead to ‘facts’ with ‘unclear
meaning’. A hypothesis, thus, helps the researcher in drawing ‘meaningful
conclusions’ supported by ‘relevant’ empirical data. 15

There are two types of hypotheses are (i) scientific and (ii) working hypotheses.

(i) A scientific hypothesis is based on experiments and observations from the
past that cannot be explained with current theories.

(ii) A working hypothesis is one that is widely accepted and becomes the basis
of further experimentation. Here researcher will work with “working
hypothesis” which will clear, the goal of a research to help explain the focus
and direction of said research. As such, a hypothesis will:

 State the purpose of the research
 Identify what variables are used

1. Researcher hypotheses for this research is; - First; If the Constitution of India was
secular at the time of 1650’s constitution of India, then why should they add the
word "Secular" in the preamble. However, they did not clear the definition of term
“Secular”, hence researcher think that term “Secular” should be added for a political
benefit to attract the vote bank of religious minorities of India.

2. Researcher hypotheses for this research is; - Second; If the Constitution of India
was secular at the time of 1650’s constitution of India, then if they want another
“Secular” provision in the constitution of India for that they should add the provision
like Article, but they did not. So researcher wants to observe the full parliamentary
speech of 42nd Amendment, 1676 of Constitution of India, so we can know the

64

actual discussion of this term in the Parliament of India. And this discussion should
be negative.

3. Researcher hypotheses for this research is; Third; the positive role of Indian
Judiciary regarding the term of Secularism.

4. Researcher hypotheses for this research is; Fourth; the Term “Secular” is hearty
connected with the “Communal Riots”, we can find the both are sister concern.

5. Researcher hypotheses for this research is; Fifth; What should be meaning of
Term “Secular” in recent scenario in benefit of especially Indian culture. Researcher
think that “Secular” means not Atheist, Nastik or Non-communal. Researcher think
that "Secular" means person should be communal (Religious) 15 (Fully & actual
follows of his religious i.e. He must interpret his holy religious book interpretation
in social benefit), because religious teach us that: leave peacefully … always help
needy persons … respect all other religious … protect needy persons …. Etc. so
researcher wants to try to find some conclusions from religious personalities.

6. Researcher hypotheses for this research are; Sixth; researcher want to travel in
human brain to know the ground zero definition of Secularism from the Indian
society.

Above this hypothesis, which is a provisional formulation, plays significant role
in said legal research. It not only navigates research in a proper direction but also
contributes in testing or suggesting theories and describing said legal phenomenon
about the "Secularism".

A hypothesis, after its testing, may highlight such ‘ills’ of the existing social or
legislative policy about Secularism. In such a situation, the tested hypothesis will
help us in formulating (or reformulating) a social policy. It may also suggest or hint
at probable solutions to the existing social problem(s) and their implementation. 15

65

Research Methodology

This dissertation is a doctrinal research. The methods involved collection of
data through primary and secondary sources. Primary data source A few sources is
collected by the researcher and the data on how the secularism concept attained its
objectives in India. 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.15

I adopted Doctrinal Research methodology for conducting the present
research. The present research problem needs to be analysed with the help of Library
and the most of documents on such problem; on this topic many authors have
expressed their views. So, for this purpose researcher selects the doctrinal method.
The judgments of Supreme Court and various High courts are also needs to be
studied.2

The doctrinal research involves analysis of case laws arranging, ordering and
system systematizing legal propositions. The Acts of parliament and the Acts passed
by original sources of Law fall under this category of Legislations. The case laws
decided by the Supreme Court and High courts, which are binding on Lower courts,
fall under the category of precedent. The doctrinal research attempts to verify the
problem by first hand study of authoritative sources. A doctrinal researcher uses the
Law Library mostly depends on Law Library. The sources of data for doctrinal
researcher are reports of Appellate court and conventional Legal Theory.2

Review of Literature

The Researcher adopted the doctrinal research methodology for that purposes it
is necessary to study the judgments of Supreme Court of India and respective high
courts of the state. It is also necessary to study the various enactments by the

66

parliament of India and several of policies of Government of India freedom of
religion. The researcher also studied the international as well as municipal
provisions about the concept of freedom of religion under Indian Constitution. 2

As we adopted the democratic form of government liberty to persons has
significant role to play for individual development. Freedom of religion is one of
such liberty granted to everybody. We use to follow secular form of government
means there is no official religion of as such. Religion is a matter of personal beliefs
and faiths. Our constitution is secular in nature and in S.R. Bommai’s12 case
Supreme Court of India held that secularism is basic stricture of Indian constitution.
The present research is undertaken by research to analysis the role of Supreme Court
of India in the arena of freedom of individual and secular nature of constitution. The
adopted doctrinal research methodology and hence gone through primary and
secondary data to complete this research work.2

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. 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).

4. 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).

67

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. 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).

7. 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).

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

Significance Findings

 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.

 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.

 Secularism as a Political & Social Movement –
68

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.

 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.

 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.

 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.

 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
69

stable, more moral, and ultimately better social order. Are such critiques
reasonable and accurate?

 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.

What secularism is not16
Secularism is not atheism:

Atheism is the belief that there is no God orgods.40 Secularists only need
subscribe to the view that religion should be separate from the state. You can be a
secularist and hold religious beliefs or you can be a secularist and be an atheist. It
really is that simple. Many campaigners for secularism are well known atheists,
which may account in part for this conflation of atheism and secularism. 16

Secularism is not humanism:
Humanism is an ethical philosophy that addresses how to live “the good life”

without religion. You can be a humanist, an atheist and a secularist at the same time
if you choose, but they are not the same things. 16

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

70

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

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. 15

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. 15

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

(1) shared dictatorship,
(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

71

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. 15

This legal research, in spite of the above-mentioned strengths, suffers from
certain limitations of worth noting. They are: -
First, analysis of the legal principle, doctrine under inquiry, in particular, and of
‘law’ in general, and the consequential projections of the doctrinal researcher,
ultimately, become ‘subjective’ and exhibit his ‘perception’ about the inquired
subject-matter. A different perception of the same legal principle, concept, doctrine
or law by another scholar(s) of law, therefore, cannot be ruled out. In other words,
this legal research, depending upon the reasoning power and analytical skills of the
researcher, may lead to different ‘perceptions’ and ‘projections’ of the same legal
fact, concept or doctrine when different scholars of law analyze it. Thus, different
scholars may perceive a legal fact or doctrine differently with equally convincing
logical reasoning. 15

Secondly, a doctrinal legal researcher gathers the policy from his own experience,
authoritative statutory materials, case reports, and his reflections thereon. His
‘inquiry’ into a legal principle or concept or law, therefore, does not get any support
from social facts or values. His research, undeniably, becomes merely theoretical
and devoid of any social facts. Consequently, his ‘projections’ of law and
‘predictions’ regarding changes in the law are bound to be far from social reality
and inadequate. 15

When law is viewed as an effective instrument of socio-economic
transformation, it becomes necessary to see it (law) in the light of social facts and
values. It also needs to be studied and analyzed in terms of its actual working and
consequences and not as it stands in the book. Obviously, doctrinal legal research,
in this context, becomes inadequate and inapt. Further, contemporary social-goal-
oriented law requires pre-legislative study to know and appreciate the extra-legal
factors that have played significant role, positive or negative, in shaping the legal
rule or doctrine in the present form. Doctrinal legal research, by its nature, does not

72

bring such pre-legislative issues in its ambit. It is also not fully equipped for such a
study. 15

Thirdly, this legal research does not involve a study of the factors that lie outside
law or legal system but have directly or indirectly influenced the operation of the
law, a legal rule, concept or doctrine. Sometimes the prevailing stakes and
prejudices of a dominant social group may hamper the law’s operation and success.
A study of such extra-legal factors, interests and prejudices, therefore, becomes
necessary for understanding their role 45 and contribution in making the law or
doctrine effective, less effective or ineffective in its operation. Such a study also
becomes desirable, rather inevitable, to devise appropriate legislative or policy-
oriented measures to do away with the factors that are desisting/have desisted the
law to be effective or to minimize their adverse effects on the law’s performance.
Doctrinal legal research practically overlooks the need to study these factors. 15

Fourthly, this legal researcher puts his sole reliance on, and gives prominence to,
traditional sources of law and judicial pronouncements of appellate courts. The
actual practice and attitude of lower courts and of administrative agencies with
quasi-judicial powers, whose judgments remain unreported, are left unexplored in
doctrinal legal research. 15

A comparative look at the advantages and limitations of this legal research
outlined in the preceding paragraphs may create a serious doubt about utility and
relevance of doctrinal legal research. However, this legal research should not be
undermined simply because it, through analysis of statutory provisions and cases,
revolves around legal principles and doctrines, and it is, therefore, devoid of ‘social
facts’ or is far away from ‘social reality’. This legal research, contrary to this general
belief, is in fact involves consideration of social value, social policy and the social
utility of law. A scholar of law observed: 15

It is naive to think that the task of a doctrinal
researcher is merely mechanical - a simple
application of a clear precedent or statutory provision
to the problem in hand, or dry deductive logic to solve

73

a new problem. He may look for his value premises
in the statutory provisions, cases, history in his own
rationality and meaning of justice. He knows that
there are several alternative solutions to a problem
(even this applies to a lawyer who is arguing a case
before a court or an administrative authority) and that
he has to adopt one which achieves the best interests
of the society. The judges always unconsciously or
without admitting think of the social utility of their
decisions, [S N Jain, Doctrinal and Non-Doctrinal
Legal Research, 17 Jr of Ind Law Inst 516 (1675).
Reprinted in, S K 46 Verma & M Afzal Wani (eds),
Legal Research and Methodology (Indian Law
Institute, New Delhi, 2nd edn, 2001) 68 (74).] 15

Conventional legal materials contain a lot of data
with which a doctrinal legal researcher may make a
significant contribution to our understanding of legal
processes. The basic need is for a conception of
research that, even if it is confined to traditional legal
materials, ask the most meaningful questions that
such materials may help answer. A doctrinal legal
researcher, through careful content analysis,
qualitative and quantitative, of case reports and other
conventional legal source materials, can, inter alia,
identify the processes through which a doctrine is
formed, the values preferred and articulated
thereunder, and its underlying policy and goal.
Conventional legal materials are also of some help in
tracing the actual consequences adopting a doctrine.
[Ernest M Jones, Some Current Trends in Legal
Research, 15 Jr of Legal Edu 118 (1662-63).] 15

74

"Secular" is always alive universal topic & vide/hot discussable topic in the
world. So this research area can’t be limited, but the geographical limitation of this
research should only for India. The whole information should collect from India and
relevant information’s shall be collected from the universal. 15

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 –

• 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;

75

• 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.

Scope of Further Research

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, 1663). Constitution of India is embraced an arrangement of political

76

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 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.15

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 1676, 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.

Further scope of this study is to find out the answers -
 What is the meaning of secularism?
 Is secularism a western implant on Indian soil?
 Is it suitable for societies where religion continues to exercise a strong
influence on individual lives?
 Does secularism show partiality?
 Does it ‘pamper’ minorities?
 Is secularism anti-religious?15

The Hon'ble Supreme Court of India, which is viewed as the watchman of
constitutionalism in India. The Hon'ble Supreme Court of India in Sardar
Taheruddin Syedna Saheb v. Territory of Bombay AIR 1662 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

77

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.

Present research is going to be conducted to determine concept of secularism
and the limitations of religious freedom. The Article 25 to 28 of Indian constitution
deals with religious freedom of citizens. The Interpretation of Articles by the Apex
court of India to determine the reasonable restrictions. Present Research is going to
be conducted to determine the religious freedom guaranteed under Indian
constitution Therefore to describe the scope of research problem researcher is going
to refer various documents articles from journals on implementation of Religious
freedom and to trace out the instances of reasonable Restrictions on religious
freedom as provides by the provisions of India Constitution. The researcher is
referring, constitution of India, various amendments under Indian constitution, to
analyse the judgments of Supreme Court on Religious freedom and Reasonable
restrictions. Therefore, to conduct present Doctrinal Research the Researcher is
going to refer various documents-primary and secondary, various reports on
Directive principles, various articles published in journals, newspapers and the
online information available on various websites.2

78

CHAPTER 2
HINDRANCE OF SECULARISM IN INDIA

At the twilight of Dark Age and dawn of the modern one, emerges the
concept of materialistic world. It focused on the present life instead of contemplating
the life after death. This concept of looking at the life, later on was termed as
secularism, with certain modifications. It implied, to look at the life from
materialistic attitude. The religious considerations did not come into play while
leading a life. 17

Secularism has different connotations. It means different things to different
people and countries, depending on the socio-cultural background and its milieu.
Yet, it has certain central features, which constitute the core of secularism.

1. Secularism envisages that state should not have its own religion;
2. State should not treat individuals on the basis of religion;
3. State should treat every individual equally i.e. give equal opportunity to

everybody irrespective of religion. 17

Secularism, thus, contemplates the separation of public and private life. An
individual can pursue religious practices in private life, but when it comes to public
sphere, religion is kept at backburner. Secularism in a way, subscribes to the theory
of ‘wall of separation’ between religious practices and public activities of
individual. 17

Though the concept of secularism originated in fifteenth-sixteenth century,
it has not acquired uniform character throughout the world. It means certain things
to the United States, different things to France and still different to India. Secularism
takes different meaning in different countries. 17

In the United States, secularism implies the concept of liberty and equality
in religious matters. It contemplates that every individual concedes the liberty to
choose religious practice in his discretion. Neither the state nor society will come in
the way of individual. Similarly, the state provides equal treatment to every

79

individual. No religion is superior or inferior in the eyes of law. This is called ‘wall
of separation’ between the individuals and private life and public sphere of action.
Religious principles, in France are not recognized. There is little tolerance of
religious principles at public places. For instance, in public schools and institutions
religious symbols cannot be displayed as it affects public life. On the same basis,
the sikh students are not allowed to wear kirpan in public schools. However, Indian
concept of secularism is of different variety. Indian society being multi-religious
and multi-cultural could not accept the concept of neutrality nor that of indifferent
attitude towards religion. India, therefore, has accepted the concept the secularism
which suits its conditions. 17

India, being a developing society, needs to undertake social reforms. The
social reforms in India necessarily mean socio-religious reforms. Hence, the neutral
attitude of state towards religious matters would not be fruitful. Therefore, state does
not interfere in religious matters; it can reform the secular aspect of it. State can
regulate secular and material spheres of religious activities. For instance, bringing
in secular and positive changes in religious practices, law regarding marriages and
the property rights fall within the ambit of the state. Thus, the concept of Indian
secularism is one of positive neutrality towards religious matters. 17

India is a multicultural country, wherein the diverse religions, castes, creeds,
etc. are prevalent. Yet, India has maintained its identity as one nation, but none of
the cultural facet is subservient to other. The ‘unity in diversity’ is its manifestation.
Since ancient times, India has upheld the concept of ‘tolerance’ and equal respect
for all religions. Mutual respect for one another is its cardinal principle. The spirit
of tolerance later on came to be known as ‘secularism’. In a way, Asoka’s
“Dhamma” or Akbar’s “Din-i-Ilahi” are nothing but manifestation of secularism. 17

The framers of the constitution i.e. the makers of modern India were
secularist to the core. This ideology has been reflected in the constitution. Indian
constitution is a secular document. The constituent assembly debates amply reflect
the ideology of the constitution. Though the phrase ‘secularism’ was not specifically
mentioned in the constitution earlier but the spirit of the constitution was thoroughly
‘secular’. The wall of separation has been followed in the making of the constitution.

80

The endeavour of constitution makers was noteworthy, particularly making
constitutional provisions in the backdrop of religious carnage and holocaust. Despite
the unfortunate partition of the country on religious grounds, Indian constitution is
thoroughly secular. The right to equality as enshrined in the chapter of Fundamental
Rights envisages the ideal of secular society and state. Equality before law, equal
protection of law, equal opportunities and absence of discrimination based on the
principles of religion, race, caste, sex, etc. makes the Indian constitution thoroughly
secular. These principles constitute the very base of the philosophy of the
constitution. 17

The Indian constitution even goes to the extent of making right to profess,
practice and propagate religion as a fundamental right. Every individual in India has
right to follow any religion, practice it and the state will not come in his/her way.
Even right to propagate one’s own religion is a fundamental right. However, the
fundamental ‘right to religion’ is not absolute right. It has certain restraints in public
interest, morality, public order and decency. One’s right to religion cannot breach
the public order and morality otherwise it will lead to total chaos. The right of
minorities to establish the educational and cultural institutions has been incorporated
as a fundamental right. This provides the platform for cultural minorities to protect
their respective cultures. The secular aspect of Indian constitution goes beyond
fundamental rights. It, in particular, pervades political rights. Everybody in India is
enfranchised equally, without whatsoever considerations for religion. When a
person attains eighteen years of age is provided with right to vote. The delimitation
of constituencies is territorial and not communal. The secular aspect of any
constitution or law can be enforced vigorously only if the society is secular to the
core. The Indian society is religious to the core, though not anti-secular. The
religiosity of Indian society can be depicted by the religious practices prevalent in
the society. Therefore, the constitution makers contemplated the provisions to make
Indian society a secular and in the form of ‘Uniform Civil Code’ as enshrined in the
directive principles of the state policy. 17

Article 44 of Indian constitution contemplates a uniform civil code for the
Indian society. A lot of controversy and heated debates have taken place, both in

81

public and private spheres on the desirability of a ‘uniform civil code’. The issue,
which has created much controversy is whether the ‘Uniform Civil Code’ would be
accepted as the common code of the country as a whole or will it be Hinduism,
Islam, Christianity or any other or combination of all. The personal laws of different
religions have led to heated debates. Every religion practices its own personal laws,
which many a times, if not in confrontation, are in contrast with other personal laws.
In a way, it leads to different personal practices among different religions. Whenever
question of uniform civil code arises, the issue of marriage comes up. The Muslim
personal law permits bigamy, whereas the Hindu personal law does not.

Bigamy and polygamy had been prevalent norm among Muslims. It goes
against the concept of Human Rights as well as Rights of Women. There is a need
of reform in this matter. However, the hard liners in the Muslim community are
opposed to it on the ground that it amounts to interference in the personal matters of
Muslims, which is banned by the secular nature of the Indian constitution and it
interferes in Shariat. However, it must be remembered that the secular nature of
Indian constitution does not prevent state from bringing about reforms in ‘secular
aspects’ of religion. On the same grounds, Hindu code bill has been implemented
and numerous changes brought about in different spheres of Hindu life. For instance
the prohibition of dowry, ban on bigotry, etc. Nevertheless, the reforms in Muslim
personal law may gain momentum once the Muslim community is more enlightened
on the issue. The present chaos is due to the lack of information and education. There
is a need of information and education. There is a need for spread of education in
Muslims. Educational reforms will help to a great extent in reforming Muslim
community per se. 17

Along with the issue of marriage, the controversy regarding ‘divorce’ also

looms large. The laws regarding the ‘divorce’ are different for different religions.

While there are well-established laws for divorce among Hindus and Christians, it

is not the case with Muslims. The ‘triple talaq’ practiced by the Muslims goes

against human rights, women rights and free and fair justice. Of late, there has been

some debate in this regard within the Muslim community itself. Though not

sufficient, it can be considered as a starting point of the reform process in the Muslim

community. 17

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Yet another issue regarding the personal laws is the right to inheritance of
property. The controversy is regarding the rights of women in case of inheritance.
Do women possess right to inherit parental property among Muslims? What is the
issue in case of Hindu women? Shah Bano case is pertinent in this regard. A great
opportunity was lost to reform Muslim personal law in regard to right to property of
women. As per the laws passed by the Indian parliament, Hindu women have right
to inherit property of parents. All these issues have become stumbling blocks in the
formulation of uniform civil code. It is the duty enjoined upon the government of
the country to formulate uniform civil code as enshrined in Directive Principles of
the state policy. The governments of country have not been able to stand up to the
expectations in this respect Indian society has also not lived upto the expectations
as society as a whole should push for such reforms. Unless social forces rise to the
occasion, the political class may not undertake such ‘hard’ reforms. Unless social
organizations, civil society and enlightened citizens embark on the mission, no
political class will push for such issues. Political change must be brought about by
the social forces rather than political class. 17

Even though the role of legislature and executive has not been worthy in
this respect, judiciary has pronounced certain judgments, which augur good for
contemplating ‘uniform civil code’. It has questioned the rationale of the executive
and legislature for not performing its constitutional duties to implement ‘uniform
civil code’ as per Article 44 of the Indian Constitution. The role of judiciary as one
of the three wings of the government is to legislate as well. It is either through the
interpretation of laws or by filling up the vacuum in the legislation or it can be
through generating public opinion in favour of certain legislation. Indian judiciary,
particularly the supreme court of India is garnering public opinion in favour of
uniform civil code by giving verdicts in its favour and advocating its necessity. The
issue of uniform civil code requires the wider considerations. Neither can decisions
be taken in haste nor can they be taken without wider public debate. There is a need
for wider and greater debate on the issue at various levels and among various
religious communities. 17

However, uniform civil code must not be imposed, but it should be evolved.
It should not be a patch of religious principles brought in from different religious

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scriptures. Rather, it should be reasonable, logical, rational and above all only
secular principles that must be framed as the principles of uniform civil code. These
principles must be acceptable to religious communities and across all sections of
society. The issue of secularism is also intricately interwoven with the socioreligious
reforms. In Indian society, social and religious issues cannot be separated because
religious principles also determine social values like the concept of Karma, sin,
sacredness, etc. Therefore, social reforms invariably take the form of socio religious
reforms.17

The relation of a person and his maker-at best, is a relationship in private
domain. But history has witnessed that religion is the single issue, which has
generated maximum conflict and tremendous bloodshed. As modern civil society
we can’t allow that to happen. Hence law steps in. It regulates individual and group
action, provides a level playing field to all religions and ensures harmony and
peaceful coexistence. This modern view in which the state remains non-partisan and
encourages freedom of conscience and practices secularism.11

India has traditionally been a multicultural society. It is a ‘tossed salad’ in
which various religions, cultures and ethnicities came together but still retained their
identities. From time immemorial we have been a tolerant society. Enlightened
rulers like Ashoka and Akbar have practiced secularism in letter and spirit.
Secularism was also one of the fundamental underlying principles of our freedom
struggle. It was only natural that at the time of framing our Constitution our
forefathers provided us the right to religion as a fundamental right. 11

The relation between Secularism and Indian Law can be examined under 3
heads:

 Constitutional Law
 Civil and Personal Law
 Criminal Law

Each area has generated its share of controversies and fundamental questions
of law. It will be pertinent to examine them one by one. 11

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The preamble of our constitution proclaims that we are a ‘secular’ republic.
But at the outset “secular” word was not incorporated in the preamble. The omission
was deliberate. One of the members Mr. K.T. Shah made two attempts to introduce
the word “secularism” but it was opposed by Dr. Ambedkar. Constitution makers
might perhaps have felt that it was not necessary to use the word “secular” or
“secularism” particularly as it might give the impression of establishing a state
structure in consistent with the cultural ethos of Indian people. This aspect of
“secularism” as understood in India was empathically asserted by the great
philosopher statesman Dr. Radhakrishnan when he said – “I want to state
authoritatively that secularism does not mean irreligion. It means we respect all
faiths and religions. Our state does not identify itself with any particular religion.
However, within 25 years we found it essential to reiterate our secular credentials
via an amendment (42nd amendment, 1676) probably as a response to the growing
communal strains. Therefore, since 1676 it is a proclaimed fact that India is a secular
republic. But mere proclamation does not mean anything unless there are adequate
provisions in the text of the constitution. 11

Art. 25 lays down that all persons – not only citizens – are equally entitled to
freedom of conscience and the right to freely profess, practice and propagate
religion. Interestingly in the draft phase it does not include the right to propagate
one’s religion and it also included a negative provision – “no communal
organization, which by its constitution or by exercise of its discretionary powers
vested in any of its officers or organs admits to or excludes from its membership
persons on ground of religion, race and caste or any of them should be permitted to
engage in any activities other than those essential for bonafide religious, cultural,
social and educational needs of the community.” It is debatable that whether
dropping this clause from the final draft is responsible for some of the maladies that
we are facing today specially in political sphere. Issue of conversion has also been
a sensitive issue, which is justified under the right to propagate religion. Supreme
Court (SC) had to clarify that right to propagate religion does not include right to
forcible conversions. (Stainclaw vs. Stateof M.P. 1678). 11

The right to religious freedom is however subject to public order, morality
and health. These principles have been reiterated by Supreme Court in cases like

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Anand Margis case, Mohd. Hanif Quareshi vs. State of Bihar etc. Art. 25 then seeks
to balance the legitimate claims of religion with realities of State craft. 11

Article 26 flowing from Article 25 bestows a fundamental right on all
religious denominations and sections thereof to establish and maintain institutions
for religious and charitable purposes, to manage their own affairs in matters of
religion, to own, organize and administer property. But the administration of
property has to be according to law. This right is also subject to public order,
morality and health. But this again raises fundamental questions of law. What
exactly religion means and what is the meaning of the expression “matters of
religion”. Secondly, what practices can be regarded as part of religion so as to merit
protection of Article 26. Courts have to decide on these critical aspects. Supreme
Court prohibited the processions of Anand Margis with garland of human skulls in
their necks. But it upheld the objection of children belonging to the faith of Jehowh’s
witness against singing the national anthem. To disengage secular from the religion
is certainly not an easy task but other considerations also creep in. In Shah Bano
case while Supreme Court allowed secularism to triumph; the govt. succumbed to
vote bank politics and enacted a law, which set aside this decision. Another
important issue is what should be the criterion by which a religious group can be
identified as a new religion distinct and separate from an existing religion or only as
a religious denomination within the existing religion. This question is not only
relevant for Article 26 but also for getting a minority status under Article 30(1).
These questions arose in Auroville case in Supreme Court and Arya Samaj case in
Delhi High Court. In the latter it is was ruled that Arya Samaj could not be said to
be a minority based on religion and therefore not entitled to the right under Article
30(1). This decision was widely discussed by jurists. Hence these are tricky issues
where clear-cut criterion is difficult to identify. 11

Article 27 says that no person shall be compelled to pay any taxes for expenses
on promotion of any particular religion. Here an important conclusion is that the
wall of separation between state and religion is not absolute. Under the 1st
amendment in the US the Congress can’t make appropriations in aid of religious
bodies at all. There, the doctrine of separation between Church and State is wholly

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accepted. But in India, under Article 27 there would be no objection if the taxes
were used for promotion of all religions. 11

Article 28 imparts secular flavour to state sponsored education by prohibiting
religious instructions in any institution wholly maintained by state funds. 11

Article 29 and 30 confer important rights to minorities in respect of their
language, script or culture. This right however is equally available to all sections of
society – minority or majority (Ahmedabad St. Xaviers College Society vs. State of
Gujarat 1674). So it has not generated much controversy. But Article 30 is strictly
in nature of minority right. Article 30(1) says that all minorities, whether religious
or linguistic, shall have the right to establish and administer educational institutions
of their choice. Clause 1(A) added by 44th amendment in effect provides that if the
property of any such institution is acquired, the compensation paid would be proper
and adequate. Clause (2) provides that in the matter of giving aid, the state shall not
discriminate against minority, managed institutions. 11

Article 30 lets several important points to be raised in respect to this right. First,
who is a minority? What is the frame of reference – country, state or district?
Secondly, what is the right? Does it allow a minority to establish and administer an
educational institution to teach its religion and culture or lucrative subjects like
medicine, engineering or management also. Thirdly, what makes an institution a
minority institution – management by minority community or majority of students
from minority community? And last but not the least, why this right has been denied
to majority community. Groups like Arya Samaj and Ramakrishna Mission have to
claim independent minority status to enjoy benefits of Article 30 (DAV College vs.
State of Punjab). 11

In relation to professional minority institutions some more questions can be
raised. Whether they can have their own fee structure, own methods of selection for
admission and the right to fill 100% of their seats according to their wishes. Whether
minority and non-minority educational institutions stand on the same footing and
have same rights. Supreme Court in Islamic Academy case interpreted Article 30
liberally and ruled that minority and non-minority institutions do not have an equal

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footing. Former have preferential right to admit students of their own
community/language. No such right exists for the latter. Supreme Court has further
clarified that a minority professional college can admit in their management quota,
a student of their own community/language in preference to another community
even though that student is more meritorious. However, while admitting students of
their community/language the inter-se merit of these students can’t be ignored. So,
in case of professional education, Supreme Court has balanced national interest with
minority rights. To summarize, it can be said that adequate safeguards have been
provided in our constitution and a plethora of rights have been conferred on religious
minorities. Supreme Court has also declared secularism as one of the ‘basic features’
of our constitution (S.R. Bommai case). It has also, from time to time, by a liberal
interpretation strengthened the secular credentials of our society. 11

Coming to civil and personal law, Article 44 of Directive Principles of State
policy makes the promulgation of a uniform civil code throughout the country a
constitutional goal. The merit of making it non-justiciable in the communally
changed environment of the independence period is understandable but even after60
years of independence this goal is surprisingly distant. Still today a Muslim woman
can be divorced by triple talaq and the right to maintenance are grossly inadequate.
Tax benefits accorded to Hindu undivided family are restricted to Hindu
community. Adoption laws and succession laws vary from community to
community and have generated intense controversy. 11

There are at least six schools of jurisprudence among Muslims. Four among
the Sunnis and two among the Shias. The Indian Muslim personal law is a curious
amalgam of principles from different schools, but most particularly the Hanafi
branch of Sunni legal belief. At least half of all Muslims are badly served by Muslim
personal laws. Cases like Imrana Rape case make a mockery of our legal system in
the name of religion. Not only this, the ridiculous Muslim personal law is a
convenient stick for Hindu communalists to beat Muslims with. Giving Muslims the
right to be governed by their own personal law gives them the right to claim that
they are some kind of a privileged minority. 11

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Supreme Court has issued obites dictums in at least three cases for the need to
pass a uniform civil code. Md. Ahmad Khan vs. Shah Bano Begum 1685 where it
granted the woman the right to maintenance under section 125 of Cr Pc. In Sarla
Mudgal vs. Union of India in which it prevented the misuse of personal laws in
relation to marriage and in John Vollamattom case 1697 where it quashed certain
sections of Indian Succession Act. 11

It is often said that in relation to civil code the changes should come from
within the community. It is seen as an attack on the religious sentiments. But if a
chiefly Muslim country like Turkey can adopt modern personal laws, why can’t we
? Few people know that in the state of Goa there is a uniform civil code and is
working perfectly fine. In my opinion it must be done in one sweep. Not only
Muslim personal law but discriminatory practices like Hindu undivided family,
Indian Succession Act and special rights of other communities should go only in
one stroke. One nation – one law principle is essential for good governance and the
right to equality. If the time is not yet ripe, it probably never will. But do we have
the political courage to do it ? That fundamental question remains unanswered. 11

The last area is the area of criminal law. There is no mention of ‘communal
crimes’ or ‘hate crimes’ in IPC or Cr Pc Sections pertaining to rioting are applied to
most of these crimes. Since independence we have witnessed several incidences of
communal riots. A set pattern emerges. State is held morally responsible, not legally.
The state machinery especially police is often accused of partisan behaviour. It is
difficult for the minority community to register FIRs. Doctors and Public
Prosecutors are also accused sometimes. After that an enquiry committee is set up.
It lingers on for decades. It has no real powers. Its recommendations are not
mandatory and, in the end, the whole process turns out to be mere eyewash.
Srikrishna commission probing Mumbai Riots of 1692-93 indicted 15 policemen.
They were later promoted. Recommendations of Nanavati Commission probing
Sikh riots of1684 did little to solace the aggrieved. The recent carnage in Gujarat
has again raised these issues. 11

McPherson Committee was formed in UK after their last racial riots to
recommend ways to overcome institutional racism. One of its major

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recommendations was that complaint should be lodged at places other than police
stations and also electronically. A group of NGOs in the aftermath of Gujarat riots
have proposed a law on communal riots and have submitted a recommended draft
to United Progressive Alliance government. Main features are legal responsibility
for the state; ban on hate propagating speech/educational material; punishment to
offending policemen, doctors and lawyers; provide more teeth to enquiry
commission; communal crimes/hate crimes to be added in criminal justice system.
In the light of these recommendations, Communal Violence (Suppression) Bill is
being tabled by the government. Hopefully this will act as a deterrent to the
communal forces in the country. 11

To conclude, I would like to make some recommendations in the light of the
preceding discussions: 11

(i) Meaning of the terms “Secularism”, “matters of religion” and “minority” to
be clearly explained in Constitution.

(ii) Negative clause under Article 25 to prevent an organization which admits to
or excludes from its membership persons on grounds of religion, race or
caste or any of them to engage in any political/public activity.

(iii) Clear criterion pertaining to minority institutions. Preventing misuse of
protection of Article 30(1) for monetary benefits and with regard to
professional education.

(iv) Clear-cut guidelines for good management of religious
institutions/monuments and systems of audit.

(v) Promulgation of a uniform civil code.
(vi) A strong act regarding speedy trial and fair process with respect to communal

and hate crimes as well as rioting. 11

In the end I would like to say that our secularism, despite temporary setbacks,
has stood the test of time. Here we stand united, and the world looks to us with
amazement and appreciation. The Human Development Report 2004 states this fact
in unambiguous terms – 11

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“the so called semi-illiterate or illiterate majority of India is more prudent in
showing respect to followers of other religions than in the case of many rich,
developed and prosperous nations of the world.” 11

These words are a tribute to our society and its institutions of polity and
judiciary. 11

Inter-religious Domination15 –

In our own country, the Constitution declares that every Indian citizen has a
right to live with freedom and dignity in any part of the country. Yet in reality,
many forms of exclusion and discrimination continue to persist. Consider three
most stark examples: o More than 2,700 Sikhs were massacred in Delhi and many
other parts of the country in 1684. The families of the victims feel that the guilty
were not punished. o Several thousands of Hindu Kashmiri pandits have been
forced to leave their homes in the Kashmir valley; they have not been able to return
to their homes for more than two decades. o More than 1,000 persons, mostly
Muslims, were massacred during the post-Godhra riots in Gujarat in 2002. The
surviving members of many of these families could not go back to the villages in
which they lived. What do these examples have in common? They all have to do
with discrimination in one form or the other. In each case members of one
community are targeted and victimised on account of their religious identity. In
other words, basic freedoms of a set of citizens are denied. Some might even say
that these incidents are instances of religious persecution and they reflect inter-
religious domination. Secularism is first and foremost a doctrine that opposes all
such forms of inter-religious domination. This is however only one crucial aspect
of the concept of secularism. An equally important dimension of secularism is its
opposition to intra-religious domination. Let us get deeper into this issue. 15

Intra-religious Domination15 -
Some people believe that religion is merely the ‘opium of the masses’ and that,

one day, when the basic needs of all are fulfilled and they lead a happy and contented
life, religion will disappear. Such a view comes from an exaggerated sense of human

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potential. It is unlikely that human beings will ever be able to fully know the world
and control it. We may be able to prolong our life but will never become immortal.
Disease can never be entirely eliminated, nor can we get rid of an element of
accident and luck from our lives. Separation and loss are endemic to the human
condition. While a large part of our suffering is man-made and hence eliminable, at
least some of our suffering is not made by man. Religion, art and philosophy are
responses to such sufferings. Secularism too accepts this and therefore it is not anti-
religious. However, religion has its share of some deep-rooted problems. For
example, one can hardly think of a religion that treats its male and female members
on an equal footing. In religions such as Hinduism, some sections have faced
persistent discrimination. For example, dalits have been barred from entering Hindu
temples. In some parts of the country, Hindu woman cannot enter temples. When
religion is organised, it is frequently taken over by its most conservative faction,
which does not tolerate any dissent. Religious fundamentalism in parts of the US
has become a big problem and endangers peace both within the country and outside.
Many religions fragment into sects which leads to frequent sectarian violence and
persecution of dissenting minorities. Thus, religious domination cannot be identified
only with interreligious domination. It takes another conspicuous form, namely, -
religious domination. As secularism is opposed to all forms of institutionalised
religious domination, it challenges not merely interreligious but also intra-religious
domination. We now possess a general idea of secularism. It is a normative doctrine
which seeks to realise a secular society, i.e., one devoid of either inter-religious or
intra-religious domination. Put positively, it promotes freedom within religions, and
equality between, as well as within, religions. Within this larger framework, let us
now consider a narrower and more specific question, namely: What kind of state is
necessary to realise these goals? In other words, let us consider how a state
committed to the ideal of secularism should relate to religion and religious
communities. 15

Vote Bank Politics15
Fifth, there is the argument that secularism encourages the politics of vote banks.

As an empirical claim, this is not entirely false. However, we need to put this issue
in perspective. First, in a democracy politicians are bound to seek votes. That is part
of their job and that is what democratic politics is largely about. To blame a

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politician for pursuing a group of people or promising to initiate a policy with the
motivation to secure their votes is unfair. The real question is what precisely the
vote is sought for. Is it to promote solely his self-interest or power or is it also for
the welfare of the group in question? If the group which voted for the politician does
not get any benefit from this act, then surely the politician must be blamed. If secular
politicians who sought the votes of minorities also manage to give them what they
want, then this is a success of the secular project which aims, after all, to also protect
the interests of the minorities. 15

But what if the welfare of the group in question is sought at the cost of the
welfare and rights of other groups? What if the interests of the majority are
undermined by these secular politicians? Then a new injustice is born. But can you
think of such examples? Not one or two but a whole lot of them such that you can
claim that the whole system is skewed in favour of minorities? If you think hard,
you might find that there is little evidence that this has happened in India. In short,
there is nothing wrong with vote bank politics as such, but only with a form of vote
bank politics that generates injustice. The mere fact that secular parties utilise vote
banks is not troublesome. All parties do so in relation to some social group.15

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CHAPTER 3
SECULARISMS UNDER THE CONSTITUTION AND ROLE

OF NEHRU IN IMPLIMENTATION

The Colonist Contribution Towards Indian Secularism18

Toward the start of the 17th century of Portuguese took after by their Dutch,
the French and the British came to India. Initially having sought reasons for
exchange these East India Companies started to colonize the land. Before long,
competition ascended among them until the point when every one of them aside
from the English East India Company lost hold over their regions and needed to
take off. The passage of the colonialist denotes a noteworthy defining moment ever
of. The English East India Company was the overwhelming force on India by the
beginning of the nineteenth century. It additionally prevailing with regards to
assuming control Sri Lanka and the North Eastern territories. The company
vanquished Maharatha in 1813, Sind in1843 and sikh kingdom of Punjab in 1849
built up itself as a solid power on the subcontinent. It's success of the land was
inspired by a longing to accommodate the reasons for smooth business a steady
government and temperate conditions. Under the establishing authority of Clive,
Hastingsand Cornwallis the company could bring the entire thought of India under
the British run the show. Amid this same time secularism was picking up fame and
endorsement in England As an obvious reality, the client of the expression
"secularism" as of late is related with George Jacob Holyoake (1817-1606) and
Charles Bradlaugh (1833-1891). As indicated by Holyoake, Secularism was a
prompt journey for the physical, good and scholarly improvement of human instinct
to its most elevated conceivable degree. 18

Philosophy was deficient, questionable and incredible in such a quest,
argued Holyoake. The cutting-edge secularism and logical viewpoint had just
started to have an effect of started to inspire itself on the Indian cash through the
pioneer organization in India. Secularism is the foundation of the Indian
Constitution. As per article 25, each one of the individuals who dwell in India are
allowed to admit, hone and spread religion of one's decision subject obviously to

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social well-being and peace. The pluralistic character of the nation, which has been
ascribed as the best resource of India, some of the time, be that as it may, turns into
the risk when collective craze comes to fruition. Henceforth, the part of broad
communications turns out to be critical in keeping up the pluralist character of the
general public and along these lines reinforcing the majority rule government of the
nation. The status of “secularism” in the Indian constitution after the 42nd
amendment has been hugely contested. The opinions of the justices in the selected
cases constitute, according to Panikkar, „ by far the most significant interpretation
of the secular character of the Indian constitution to date‟. Constitution does not
use the word secularism in any of its provisions are inspired by the concept of
secularism. 18

Meaning of secularism and its jurisprudential view
Secularism as a concept an ideal is contested to terrain and started from what

might be minimalist and possibly the least controversial norm, that a state and its
institutions must enable equal opportunities (Liew) (Pritam Singh, 2005). The word
secularism is derived from the Latin saeculum, meaning a generation of this age
and corresponds to the Greek aeon. Its meaning extends to connote also this
worldly, thus its lower Latin from saecularis means worldly. The law, state and the
religion are three vast concepts of law. Secularism is the word which shows the
relationship between the concept of law. It is generally understood that secularism
implies religious tolerance. But it is so difficult to explain real meaning of
secularism. Secular traditions are very deep rooted in the history of India. Indian
culture is a composite one which is based on the blending if various spiritual
traditions and social movements. In ancient India, Sanatan dharma (Hinduism) was
basically allowed to develop as a holistic region by welcoming different spiritual
traditions and trying to integrate them into a common mainstream. Sometimes the
word secularism is used as a contrast with the word religious, which lead people to
believe that secularism is opposed to religion. But in reality rather than remaining
opposed to religion, Secularism takes a dispassionate view in running the affairs of
the state. In the context of India, it connotes treatment of all religions on a footing
of equality and ruling out of discrimination. Secularism in India throat of Indians
lacks evidence. If the Government had made laws on the basis of Christianity alone
and not in accordance with the developing ideas of secularism, it would surely have

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also interfered in the religious practices of Indian religions that did not accord with
the concept of Christianity. But the Government didn‟t do so because its policies
were more oriented towards secular humanism. Vishal notes that traces of this
secular humanism are evident even in Macaulay’s speech in India’s freedom. 18

Promotion of Secular, Modern, and Scientific Outlook. Before the arrival of
the colonialists, there were no educational institutions in India; only Brahmins were
considered qualified for higher education - that too in ancient texts. When the House
of Commons debated the renewal of the Charter of East India Company in 1792-
93, Wilberforce suggested the adoption of such steps as would lead to the
advancement in useful knowledge of the people of India. He suggested that
schoolmasters and missionaries be sent to educate the people of India in modern
knowledge. However, Wilberforce’s move was opposed on the argument that the
Hindus had „as good a system of faith and morals as most people‟. A few years
later, Charles Grant, one of the Directors of the Company, submitted a
memorandum in which he suggested that the only way by which the moral condition
of Indians could be improved was by imparting to them a knowledge of the English
language which would become a means by which a world of new ideas would be
opened to them. Lord Minto, in 1811, suggested the improvement of existing
colleges in addition to the establishment of new ones for the development of literary
and scientific awareness in India. In 1813, a clause was inserted in the Charter Act
that stipulated the setting apart of a sum of not less than one lakh rupees every year
for the purpose of revival and improvement of literature and for the introduction
and promotion of knowledge of the sciences among the inhabitants of the British
territories in India. 18

The Christian Missions in Danish territories were already doing significant
work in the field of Education by now. Now, the British Government itself was
beginning to see the value of education for the betterment of India (Marbaniang).
In 1815, Mr. Adams appointed a Committee of Public Instruction to make
suggestions with regard to the same. The preoccupation with the First Burmese
War, however, hampered their work. In his Minute of 1815, Elphinstone urged the
establishment of schools for teaching of English and European sciences. The
Orientalists, however, were in favour of education in the oriental languages

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