- Introduction :
Constitutionally, India is a Secular country and has no State religion. However, it has developed over the years its own unique concept of secularism that is fundamentally different from the parallel American concept of secularism requiring complete separation of church and state, as also from the French ideal – described as’ an essential compromise whereby religion is relegated entirely to the private sphere and has no place in public life whatsoever’.
Despite the clear incorporation of all the basic principles of secularism into various provisions of the Constitution when originally enacted, its preamble did not then include the word ‘secular’ in the short description of he country which it called a ‘Sovereign Democratic Republic.’ This was not an inadvertent omission but a well-calculated decision meant to avoid any misgiving that India was to adopt any of the western notions of a secular state. Twenty-five years later- by which time India’s own concept of secularism had been fully established through judicial decisions and state practice- the Preamble to the Constitution was amended by the Constitution (Forty-second Amendment) Act, 1976 to include the word ‘secular’ along with socialist’, to declare India to be ‘Sovereign Socialist Secular Democratic Republic.
Religion is not defined in the Constitution of India. However, it does not close its eyes on the reality of religions. There are a number of provisions in the Constitution which either uphold the human right to freedom of conscience and to free profession, practice and propagation of religion or attempt to restrict the affairs of religion or protect the people from imposition of religious instruction or practices against their will or introduce social reform against undesirable religious practices. Thus the Constitution takes note of and accepts the facts of religion as well as irreligion.
Analysis of the Arts, which are in reference of fundamental rights regarding religion and other related issues are an under;