Discuss India as a secular state and compare it with the secular principles of the US Constitution.

Secularism is a principle that advocates the separation of religion from politics and governance. It seeks toestablish a society where religious institutions and state institutions are independent of each other.

## India As A Secular State

• Constitutional Guarantee of Secularism:a. Equality before Law: All citizens, irrespective of their religion, are treated equally before the law (Article14).b. Articles 25-28 guarantee freedom of religion, allowing individuals to practice, profess, and propagatetheir faith freely.c. Religious and linguistic minorities have the right to preserve their culture and establish educationalinstitutions (Article 30).


• Pluralistic Society with Equal Religious Representation: India’s inclusive secularism celebrates diverse religious festivals, exemplifying Rajeev Bhargava’s idea of “equal respect for all religions,” unlike the Westernmodel of strict separation.


• Judicial Interventions Upholding Secularism – SC in S.R. Bommai Judgment has held Secularism as a BasicFeature of the Constitution


• Positive Model of Secularisma. India’s secularism permits personal laws for different religious communities, enabling autonomy inmarriage, divorce, and inheritance. Eg- Muslim Personal Law.b. State Support for Religious and Cultural Practices: Eg. subsidies for the Hajj pilgrimage for Muslims,financial support for Hindu pilgrimages, and Sikh langars.

## Dilution Of Secularism In India

• Communal Violence and Polarisation: NCRB Report (2021) recorded more than 5,000 cases of communalriots between 2017 and 2021. Eg. The Nuh violence in Haryana in 2023.


• Use of hate speech and narrative of “us vs them” during election campaigns has contributed to religiouspolarization, with leaders making divisive statements to appeal to specific communities.


• Mob Lynching and Vigilantism: Incidents of mob lynching, especially targeting minority communities underthe guise of cow protection or other religious sentiments, have risen. Eg. Recently a man beaten in trainfor carrying beef, sadhu lynching in palghar.


• Social exclusion based on religious identity – Eg. A 2021 Pew Research Center report found 64% of Indians identify as “Hindus first” rather than “Indians first,” illustrating the rise of religious nationalism. Eg- boycott on Muslim vendors in temple fairs in Karnataka (2022).


• Challenges in Implementing Secular Principles: A 2019 Lokniti-CSDS survey found significant opposition to the Uniform Civil Code: 55% of Muslims, 54% of Christians, and 40% of Hindus, highlighting the challenge of achieving consensus on secular reforms.

## Comparison Of Secular Provisions Between Indian And Us Constitution

Similarities

• Constitutional Enshrinement: U.S. Constitution’s First Amendment prohibits Congress from establishinga religion, while India’s 42nd Amendment explicitly includes “secular” in Preamble, affirming the state’sneutrality towards all religions.


• Freedom of Religion: U.S. First Amendment guarantees free exercise of religion, paralleling Articles 25-28of the Indian Constitution, which protect individuals’ rights to profess, practice, and propagate their faithwithout state interference.


• Judiciary’s Role: Landmark cases like Engel v. Vitale (1962) in U.S. and S. R Bommai case in India ensuredjudicial protection of these principles.

Secularism and Harmony is not “political fashion” but it is “perfect passion” for India and Indians. Thus, Upholding secular values, fostering interfaith dialogue, and promoting inclusive policies are crucial for maintaining a pluralistic society and strengthening the fabric of Indian democracy.

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