Abstract-
The Indian Constitution guarantees the general pupils residing therein, the freedom to practice and profess any religion of their own choice and ruled accordingly to those principles lied under the specific governing statutes. The Indian Constitution follows a retrospective action approach as the ancient laws can’t be parted from the beliefs of the people. As customs serve as the basic legal source it can be detached from the pupils unless and until it harms the greater good or the rights of another individual in general. The primary function of law is to guarantee rights to the citizens residing therein and protection of the natural rights of the individuals. The state has always been holding an unbiased opinion on the religious or the personal matters of the religion. However, whenever there is a want of justice for the unlawful breach of fundamental rights, judicial intervention can be duly prayed under Article 13 of the constitution to set aside those harmful rules. Thus in special requirements of the individuals the courts impose the “Rule of Law ” principle which grants us the “Supremacy of law” and thus is useful for upholding justice and reducing the scope of brevity so caused by the rules of the customs settled therefrom this practice of the judicial review on the acts of the religious matters help in to create a sustainable society whereby every individual has the opportunity to develop himself or herself without any barriers of caste, creed, religion like infirmities. Thereby providing every citizen the inalienable rights for the “greatest good of the greatest number” as prescribed by J.Bentham and J.S Mill.
Keywords- Rule of Law, Ambit of the constitution, fundamental rights, judicial review.
Historical vision-
The Indian subcontinent’s history and culture is dynamic, spanning back to the beginning of human civilization. Beginning with a mysterious culture along the Indus River and in farming communities in the southern lands of India , as the Harrapan civilization.The history of India is punctuated by a constant integration of migrating people with the diverse cultures that surrounded India. Evidences suggests that the use of iron, copper and other metals was widely prevalent in the Indian sub-continent at fairly early period, which is indicative of the massive progress that this part of the world had made at that time. However by the end of the fourth millennium BC, India had emerged as a developed region. Later on with the advent of invaders from the early days of the India due to its rich heritage and prosperity all over the world various invasions befell over the “Golden Bird”[1] or “Sone ki Chidiya” thus many ardent champions of other corners of the world got attracted to the land of India.
Most prominently as by,
1 Invasions around 8th century with Arab conquest of Sindh (Muhammad bin Qasim, 712 CE).
Later, by Turkic and Afghan rulers (e.g., Mahmud of Ghazni, Muhammad Ghori) invaded &established Islamic rule in various parts of India.
This led the formation of Delhi Sultanate (1206) and later known as the Mughal Empire (1526), both of which were Islamic in origin and nature but had varied policies toward religious tolerance and practices.
- Christianity
Christianity came India much earlier—according to tradition, St. Thomas the Apostle came in Kerala around 52 CE.
But the later Portuguese colonization (1498 onwards) under the view of Vasco da Gama brought a more aggressive missionary activities, especially in the Goa Inquisition.
Later, the British colonization (from 17th century) brought more Christian missionaries, though the British policy was more politically driven than religiously in nature.
- Zoroastrianism
The Parsi’s, followers of Zoroastrianism, came in the 8th–10th centuries, fleeing the religious persecution in Persia after the Islamic conquests.
Peacefully settled mainly in Gujarat and in Mumbai areas
- Judaism
Jewish traders are believed to have settled in Kerala as early as the 1st century CE.
There was no specific invasion this was a peaceful migration and settlement.
Thus there were the influx of various communities and preachers of the much dispersed religions. Living and residing with not much communal tensions and discrepancy amongst them. Communal harmony was tried to be disrupted by the policies of “Divide and Rule”[2] The seeds of hatred towards each other’s religion and practices was first formed due to the policy of divide and rule, As the Sepoy mutiny of 1857 transformed the outlook of all the British officials and which resulted in the changes in annexationist policy of the British imperial regime. Sir John Strachey once Wrote, the growth of any dangerous identity of feeling from community of race, religion, caste or local feeling”. It was realised that “the existence side by side of the hostile creeds is one of the strongest point in our political position in India”[3].
Thus the country has been a concoction of innumerable religions and sects. Pandit Jawaharlal Nehru was a politician as well as nation builder of India. The nature of secularism incorporated in the Indian constitution was determined by the renaissance of Indian tradition, colonial experience under gone by the society, ideological heritage of the nationalist movement, Nehru’s perception of social realities and his search for an identity of the nation in modern terms shaped the country. Pundit Jawaharlal Nehru expressed alternative thinking and subject in modern Indian political thought. His thought can’t describe in the linear zed way. In his life Nehru negotiated various type subjects. These various subjects are democracy socialism, secularism, nationalism, forcing policy, diplomacy, mixed economy, non-aligned movement and so on. He had given these concepts in his books ‘Autobiography’ (1936), ‘Glimpses of World History’ (1939), ‘Discovery of India’ (1946), Whither India.[4]
Nehru, was neither an irreligious nor anti-religious but his approach to religion was influenced by the three basic norms of humanist liberal tradition,
- Individualism,
- Rationalism,
- Universalism
Nehru’s opinion regarding religion were very clear but whether the general society and even the political governance of the country was prepared for it was a different matter. If the visions of Nehru on religion were accepted, religion would create no problem in public life and a fruitful democracy could work hassle-free.
[1] Sundaram Alternates, India – Resurgence of the Golden Bird, March 1,2023
[2]Stewart, Neil. “Divide and Rule: British Policy in Indian History.” Science & Society, vol. 15, no. 1,
- 49–57, 1951,
[3] Sir John Starchey ,India (London 1888),Pg. 225
[4] Surojit Pal, Shubhankar Das, Secularism of Jawaharlal Nehru(March 2019) ISSN-2349-5162)