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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

SECULARISM IN THE CONSTITUTION OF INDIA – Yash Choudhary & Dr. Shradha Sanjeev

Historical Background of Secularism in India

The history of secularism in India is inextricably connected at its very root with the colonial period, freedom struggle, and finally the framing of the Indian Constitution. India as a British colonial nation was a plural and extremely heterogeneous society as much as the majority of religions, cultures, languages, and traditions were concerned. British colonial practices, however, might politicize and intensify religious differentiation, particularly in practices such as the divide and rule policy. The colonial state employed no system of secularism but governed by falling back on policy based on a hegemonic model of religion that greatly privileged one religion over other religions. This was the period when religious distinctions got institutionalized, especially in dealing with Hindus and Muslims, and therefore communally pumped up the tensions even further.

The seed of secularism was sown during the freedom struggle in India but in the early part of the 20th century. Individuals such as Mahatma Gandhi and Jawaharlal Nehru imagined the need for an accommodative and pluralistic society to attain the country’s freedom and post-independence stability[1]. Gandhi’s approach to secularism was rooted in his concept of Sarva Dharma Sambhava (equal respect for all religions), which emphasized religious tolerance and harmony, though not strictly separating religion from the state. His efforts focused on bridging religious divides and promoting mutual respect between communities. Gandhi thought that the destiny of India would not be based on religious separation but would need to be built on the foundations of non-violence and reverence for all faiths.

Jawaharlal Nehru was more articulate in being sympathetic towards a secular state, by virtue of personal belief in rationalism and modernity. Nehru’s concept of secularism was based on his role as the leader of the freedom movement and comprehension of the dilemma of India’s religious diversity. According to him, the newly independent nation needed to liberate itself from religious orthodoxy and adopt rational and scientific thinking. Nehru believed that the Indian state had to be secular in religious terms so that no religion could dominate the social and political space. Nehru’s secularism was based on his idea of a democratic, secular India free of religious dogma.[2]

The actualization of secularism in India was made possible by the institution of the Indian Constitution in 1949. Constitution framers borrowed, as a norm, concepts from Nehru’s vision of secularism and attempted to actualize a system of secularism to the country’s political and jurisprudence system. Secularism, having been constitutionalized, was considered as a means whereby religious diversity would not lead to the destruction of the country’s integrity. The authors of the Indian Constitution understood the polarizing nature of religious conflict well enough, particularly when India was divided in 1947, as millions of people were forcibly moving across new boundaries and communal violence had broken out. Indian secularism therefore worked towards protecting religious minorities’ rights and preventing a particular religion from being promoted or preferred by the state.[3]

Indian secularism differs from the Western versions, which usually demand strict separation of religion from the state. The Indian model of secularism is an accommodative one, which embraces the plural role of religion in the people’s life while maintaining the state impartial and neutral and not identifying itself with any religion. This superior model, which has been called positive secularism, makes a serious effort on the part of the state to uphold religious freedom, pluralism, and equality. Indian secularism and the Constitution safeguard fundamental rights for religious minorities, are religion-nondiscriminatory, and guarantee that religious practice cannot decide state law. It further ensures that the state can involve itself in religion to attain parity, for example, matters related to social justice and gender.

In spite of the constitutional guarantee of secularism, India has not been able to implement it. Religious tensions, normally politically inspired, still represent a significant challenge to India’s ideals of secularism. The rights of religious minorities, especially in Hindu-Muslim relations, have been a subject of political and social controversy throughout the decades. However, secularism is an Indian democratic tradition foundation and a sustained desire which tries to balance India’s religious diversity with allegiance to equality, justice, and non-discrimination.

The historical context of secularism in India discovers the rich strata of balancing religion and politics in a state characterized by diversity. The constitutional model of secularism has provided an integrated idea of inclusion and tolerance, but its functioning in practice has always been an experiment in making a functioning of a democratic society with India growing democratically.

[1] Jawaharlal Nehru, The Discovery of India (New York: John Day Company, 1946), at 37-40.

[2] Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford University Press, 1966), at 214-218.

[3] Khushwant Singh, Secularism in India, The Company of Women (New Delhi: Penguin India, 1995), at 106-108.V