The Constitutional Framework Of Secularism In India: A Legal And Historical Perspective
- Indian Journal of Law and Legal Research
- Mar 2
- 1 min read
Saroj Shekhar Mallick, Campus Law Centre, University of Delhi
ABSTRACT
Secularism is one of the fundamental principles enshrined in the Indian Constitution, shaping the relationship between the state and religion. This paper explores the historical evolution of secularism in India, its constitutional underpinnings, and its practical interpretation through various landmark judgments by the judiciary. It critically examines how secularism, as envisioned by the framers of the Constitution, is meant to maintain a delicate balance between religious freedom and state neutrality, while addressing contemporary challenges such as communalism and state intervention in religious affairs.
Introduction:
The concept of secularism holds a prominent place in the constitutional framework of India, often referred to as a unique model of secularism due to its distinct characteristics. Unlike the Western notion of strict separation between religion and the state, Indian secularism seeks to harmonize religious pluralism with state neutrality, allowing individuals to practice and propagate their faith without state interference while ensuring the state does not favor any religion. This research paper examines the constitutional provisions related to secularism, tracing its evolution and analyzing its judicial interpretation.
Historical Evolution of Secularism in India
India’s history has been shaped by its rich diversity of religions, cultures, and traditions. The principle of secularism, as adopted by the Indian Constitution, can be seen as a response to the pluralistic nature of Indian society, where multiple faiths have coexisted for centuries. However, the idea of secularism in India was further solidified during the colonial period and the Indian independence movement, particularly under the leadership of Mahatma Gandhi and Jawaharlal Nehru.
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