DR M.
KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
STUDY MATERIAL
SOCIOLOGY-II
UNIT-I
SECULARISM
INTRODUCTION
The principles of secularism which protect and underpin many of the freedoms we enjoy are:
1. Separation of religious institutions from state institutions and a public sphere where religion
may participate, but not dominate.
2. Freedom to practice one's faith or belief without harming others, or to change it or not have
one, according to one's own conscience.
3. Equality so that our religious beliefs or lack of them doesn't put any of us at an advantage or
a disadvantage.
With the Forty-second Amendment of the Constitution of India enacted in 1976, the
Preamble to the Constitution asserted that India is a secular nation. Officially, secularism has
always inspired modern India. In practice, unlike Western notions of secularism, India's
secularism does not separate religion and state. The Indian Constitution has allowed extensive
interference of the state in religious affairs. India does partially separate religion and state. For
example, it does not have an official state religion and state-owned educational institutions
cannot impart religious instructions.[5] In matters of law in modern India, however, the
applicable code of law is unequal, and India's personal laws – on matters such as marriage,
divorce, inheritance, alimony – varies with an individual's religion.
1,Meaning of the Term "Secularism
A Beginning may be made with the Dictionary.
The Oxford English Dictionary, states that Secularism is the doctrine that morality should
be based solely on regard to the well-being of mankind in the present life to the exclusion of
all considerations drawn from belief in God or in a future state.
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
The Concise Oxford Dictionary defines the word “secularism” as something which is
concerned with the affairs of this word, something which is worldly not sacred, not monastic,
not ecclesiastical. Secularism is skeptical of religious truth and is also opposed to religious
education. Secularism, therefore, must mean an attitude or an approach which is concerned
with the affairs of this word and which does not regard anything as sacred or as not open to
question. It is not concerned with monastic life or ecclesiastical doctrines. It questions the basis
of religious faith and insists that the things of the flesh should not be governed by
considerations of the spirit. The affairs of this world must be ordered as to the known truth and
not by speculative doctrines.
According to the Fontana Dictionary of Modern Thought, secularism means the rejection
of religion after secularization
Encyclopedia of Social Sciences Explains: If secularism is defined as the attempt to establish
an autonomous sphere of knowledge purged of supernatural, , its modern origins are to be
traced to the later , middle ages of Western Europe. The distinction drawn up by the scholastics
between faith and knowledge while it left room for revealed theology was also capable of
evolving in a type of philosophical or natural theology which placed its chief emphasis on the
truths.
The Social Science Encyclopedia (Ed. Adam Keeper & Jessica Keeper Routledge & Kegan
Paul .Points out that secularization refers to the displacement of religious beliefs, rituals and
sense of community from the moral life of society. The major institutions of society became
legitimated by secular ideologies and formal legal doctrines rather than by religions. It was the
philosophy of enlightenment that provided the pivotal impetus towards the thoroughgoing
secularization
Donald E. Smith, Professor of Political Science in Pennsylvania University provided what
he regarded as a working definition of a secular state. This was in his book India as a Secular
State. “The secular State is a State which guarantees individual and corporate freedom of
religion, deals with the individual as a citizen irrespective of his religion, is not constitutionally
connected to a particular religion, nor does it seek to promote or interfere with religion”.
Dr. S. Radha Krishnan “when India is said to be a secular State, it does not mean that we
reject the reality of an unseen spirit or the relevance of religion to life or that we exalt irreligion.
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
It does not mean that secularism itself becomes positive religion or that the State assumes
Divine prerogative, though faith in the Supreme Almighty power is the basic principle of the
Indian tradition the Indian State will not identify itself with or be controlled by any particular
religion”
Justice P.B. Gajendragadkar "The word ‘secular’, like the word ‘religious’, is amongst the
richest of all words in its range of meaning. It is full of subtle shades which involve internal
contradictions, and of these contradictions the conventional dictionary meaning can scarcely
give a correct view.”.
Dr. Amartya Sen, in his essay, 'Secularism and Its Discontents' to "Unravelling The
Nation", calls himself an unreformed secularist and proceeds to propound the theory of
symmetric treatment to all religions. This, according to him, is warranted by the provisions of
the Indian Constitution. His conclusion in his own words was that: It is hard to escape the need
to see India as an integrally pluralist society and to accept the necessity of symmetric treatment
and secular policies as crucial parts of that recognition.
Secularism is not only anti-religion, but it expressly guarantees freedom of religion. Freedom
of religion involves the right of an individual to profess any religion without interference or
compulsion by the State, viz. individual freedom of religion. Concomitant with the individual
freedom of religion is the right of individuals to form associations for religious purposes, viz.
collective freedom of religion. The importance of freedom of religion is also recognized in the
U.N. Declaration on the Elimination of All Forms of Intolerance and of Discrimination based
on Religion or Belief. Freedom of religion also involves freedom of ethical and religious
research.
The Principle of Secularism
The essential principle of secularism is to seek for human improvement by material means
alone. It holds that such means are the more important, because the more proximate and that,
independently and in themselves, they are adequate to secure the desired end. It has been
defined by the Encyclopaedia Americana as an ethical system which is “founded on the
principles of natural morality and independent of revealed religion or
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
supernaturalism."The principle of secularism is a theory which has no concern with religion,
God and unknown world.
Secularism arose and developed at a period when the relation s of science and religion were
beginning to be regarded as those of sharp opposition. In harmony with that notion. It
proclaimed the independence of this life and can be maintained and tested by reason at work
in experience. It conceived that just as mathematics, physics, and chemistry were "secular
'sciences. So it would be possible on the same lines to establish a secular theory of the conduct
and welfare and life, and to add the instruction of the conscience to instruction in the sciences,
in a similar manner and on similar condition.
Importance of Secularism
This is important for a country to function democratically. Almost all countries of the world
will have more than one religious group living in them. Within these religious groups, there
will most likely be one group that is in a majority. If this majority religious group has access
to State power, then it could quite easily use this power and financial resources to discriminate
against and persecute persons of other religions. This tyranny of the majority could result in
the discrimination, coercion and at times even the killing of religious minorities. The majority
could quite easily prevent minorities from practicing their religions. Any form of domination
based on religion is in violation of the rights that a democratic society guarantees to each and
every citizen irrespective of their religion. Therefore, the tyranny of the majority and the
violation of Fundamental Rights that can result is one reason why it is important to separate
the State and religion in democratic societies. Another reason that it is important to separate
religion from the State in democratic societies is because we also need to protect the freedom
of individuals to exit from their religion, embrace another religion or have the freedom to
interpret religious teachings differently.
Secularism is a principle that involves two basic propositions. The first is the strict separation
of the state from religious institutions. The second is that people of different religions and
beliefs are equal before the law.
FEATURES OF SECULARISM
1.Secularism Protects Both Believers and non-Believers
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
Secularism seeks to ensure and protect freedom of religious belief and practice for all citizens.
Secularism is not about curtailing religious freedoms; it is about ensuring that the freedoms of
thought and conscience apply equally to all believers and non-believers alike.
Religious Freedom Secularism seeks to defend the absolute freedom of religious and other
belief, and protect the right to manifest religious belief insofar as it does not impinge
disproportionately on the rights and freedoms of others. Secularism ensures that the right of
individuals to freedom of religion is always balanced by the right to be free from religion.
Secularism: Concept, Scope and its Importance
2.Secularism is about Democracy and Fairness
In a secular democracy all citizens are equal before the law and parliament. No religious or
political affiliation gives advantages or disadvantages and religious believers are citizens with
the same rights and obligations as anyone else. Secularism champions human rights above
discriminatory religious demands. It upholds equality laws that protect women, LGBT people
and minorities. These equality laws ensure that non-believers have the same rights as those
who identify with a religious or philosophical belief.
3.Equal Access to Public Services
We all share hospitals, schools, the police and the services of local authorities. It is essential
that these public services are secular at the point of use so that no-one is disadvantaged or
denied access on grounds of religious belief (or non-belief.) All state funded schools should be
non-religious in character, with children being educated together regardless of their parents'
religion. When a public body grants a contract for the provision of services to an organization
affiliated to a particular religion or belief, such services must be delivered in a neutral manner,
with no attempt to promote the ideas of that faith group.
4.Secularism is not Atheism
Atheism is a lack of belief in gods. Secularism simply provides a framework for a democratic
society. Atheists have an obvious interest in supporting secularism, but secularism itself does
not seek to challenge the tenets of any particular religion or belief, neither does it seek to impose
atheism on anyone. Secularism is simply a framework for ensuring equality throughout society
– in politics, education, the law and elsewhere, for believers and non-believers alike.
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
5.Secularism Protects Free Speech and Expression
Religious people have the right to express their beliefs publicly but so do those who oppose or
question those beliefs. Religious beliefs, ideas and organizations must not enjoy privileged
protection from the right to freedom of expression. In a democracy, all ideas and beliefs must
be open to discussion. Individuals have rights, ideas do not. Secularism is the best chance we
have to create a society in which people of all religions or none can live together fairly and
peacefully Secularism: Concept, Scope and its Importance
Secularism as a modern political and constitutional principle involves two basic propositions.
The first is that people belonging to different faiths and sections of society are equal before the
law, the Constitution and government policy. The second requirement is that there can be no
mixing up of religion and politics. It follows therefore that there can be no discrimination
against anyone on the basis of religion or faith nor is there room for the hegemony of one
religion or majoritarian religious sentiments and aspirations. It is in this double sense--no
discrimination against anyone on grounds of faith and separation of religion from politics--that
our Constitution safeguards secularism, however imperfectly. This is important for a country
to function democratically.
2.SECULARISM AND LAW
Indian secularism is called as unique kind of secularism in the world. Indian secularism respects
all religions and tries its level best to treat all equally. Secularism and the Constituent Assembly
Debates: Deliberate Omission At the outset it must be pointed out that in the Constitution of
India, as originally enacted, the word 'secular' did not appear in the Preamble to describe the
character of the Sovereign Democratic Republic of India, nor was the word 'secular' used in
the relevant provisions of the Constitution which guarantee freedom of religion. Dr. B.R.
Ambedkar, Chairman of the Drafting Committee speaking on the Hindu Code Bill in
1951, in Parliament, explained the secular concept as follows “it (secular state) does not mean
that we shall not take into consideration the religious sentiments of the people. All a secular
state means that this parliament shall not be competent to impose any particular religion upon
the rest of the people.
This is the only limitation that the constitution recognizes The omission to use the word
'secular' was not accidental but deliberate. The proceedings of the Constituent Assembly show
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
that a member of the Constituent Assembly called Mr. K. T Shah made some attempts to
introduce the concept of secularism by using the word 'secular' or 'secularism' in a suitable
place. The first of these amendments related to Article 1 of the Draft Constitution which
read: "India shall be a union of states" and the amendment sought to insert the words "secular,
federal, socialist" after the words "shall be a" if the said Article so that as amended that Article
would have read: "India shall be a secular, federal, socialist union of states".
The other amendment what Mr. K.T. Shah wanted to introduce was in the form of a new Article
and it read thus: "The state in India being secular shall have no concern with any religion, creed
or profession or faith; and shall observe an attitude of absolute neutrality in all matters relating
to the religion of any class of its citizens or other persons in the Union......"
Indian Constitution & Secularism:
Ours constitution is bulky and lengthy one as compared to any constitution in the world. It
becomes so reason is that almost every state and individual activities are governed by it. There
was no direct or literal provision under Indian constitution which establishes India as secular
state. Forty second amendment Act 1976 inserted word secular in preamble of Indian
constitution.
By the 42nd Amendment, the opening words were replaced by the following: “We, the
people of India, have solemnly resolved to constitute India into a sovereign socialist
secular democratic republic.” The word "socialists as added to emphasize the existing
constitutional commitment to the goal of socio- economic justice. The intention of the
"socialist" was not setup a vibrant throbbing welfare state. The Constitution as enacted did not
contain the word "secularism" at all. It only spoke of freedom of religious faith and of the State
of India immunized from religion. It was Mrs. Indira Gandhi who introduced the word
"secularism" in the preamble of the Constitution in the year 1976.The word "secular "was also
added the same Amendment Act. This word high lights that the state has no religion of its own
and all person s shall have the right s to profess, practice and propagate religion of their own.
Other authority as defined under Article l2 of Indian constitution. According to this doctrine
every person should treated equally and without discrimination. Equality is a basic structure of
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
Indian constitution. Every citizen must be providing ample freedom and liberty in their
respective life.
Article 13 (1) specifically declared all laws which were there in force before the
commencement of Indian constitution as void up to it’s in consistent with part III and any
other part of Indian constitution. This single clause under Indian constitution struck down all
customary laws which were in force at the time of commencement of Indian constitution.
Article 14 of Indian constitution provides for equality before law and equal protection of laws,
it means whatever laws are enacted by the parliament or any state legislature or any other local
or any “The concept of Secularism and Freedom of Religion: Role of Supreme Court of India
With Special Reference to Article 25 of Indian Constitution” An Analytical Study.
Article 15 of Indian constitution clearly mentioned that state shall not discriminate among the
citizens on the ground of religion, race, caste, sex and place of birth or any of them. It is a
fundamental right of every citizen to be treated equally before law and state shall not prefer the
other on prior on any five fouled ground enshrined under Article 15 of Indian constitution. The
state shall not establish a religion of its own and discriminatory treatment is specifically
prohibited. This is facet of secularism, the critics of Indian secularism use to say that Indian
secularism but it is pseudo secularism.
Article 16 guarantees equality of opportunity in matters of public employment. This article has
two parts. First, there shall be equal opportunity for all citizens thereby the universality of
Indian citizenship is emphasized. Secondly, the state is prohibited from showing any
discrimination against any citizen on grounds of religion, caste, race, sex, descent, place of
birth or residence, in matters of public employment. Equality of opportunity in matters of
public employment as a right is applicable not only to new appointments but also to promotions
for those in service.
Articles 19 to 22 taken together, to form a charter of personal liberties, are the backbone of the
chapter on Fundamental Rights. Of these, Article 19 is the most important and it may rightly
be called the key-article embodying the “six freedoms” under the constitution, guaranteed to
all citizens without any discrimination. These freedoms are universal and guaranteed to all the
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
citizens (aliens also enjoy these freedoms subject to certain conditions). The state not only
cannot interfere with these rights in the name of religion or caste but also should make them
available universally to all citizens without any distinctions. These freedoms, as a whole,
constitute the liberty of the individual, and liberty is one of the most essential ingredients of
human happiness and progress.
Article 25 of Indian constitution is called as fountain of secularism as it provides freedom to
all people to practice, profess and propagate religion of their choice. This is a facet of liberty
still it is not absolute and it is subject to public order, morality, health and other provisions of
part III of Indian constitution.
Article 26, 27, 28 purely related to secular character of Indian constitution.
Article 26 is, in fact, a corollary to Article 25 and together they refer to freedom of religion. It
says that, subject to public order, morality and health, every religious denominations or any
section thereof shall have the right
a) to establish and maintain institutions for religious and charitable purposes;
b) to manage its own affairs in matters of religion;
c) to own and acquire movable and immovable property; and
d) to administer such property in accordance with law
Article 27 says, “no person shall be compelled to pay any taxes, the proceeds of which are
specifically appropriated in payment of expenses for the promotion or maintenance of any
particular religion or religious denomination”. It is an additional protection to religious activity
by exempting funds appropriated towards the promotion or maintenance of any particular
religion from the payment of taxes.
Article 28 also moves on ‘separation’ line, that is separation between religious and state
activities. It says
(i) No religious instruction shall be provided in any educational institution wholly
maintained out of state funds.
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
(ii) Nothing in clause (1) shall apply to an educational institution which is administered
by the state but has been established under any endowment or trust which requires that
religious instruction shall be imparted in such institution.
(iii) No person attending any educational institution recognized by the state or receiving
aid out of state funds shall be required to take part in any religious instruction that may
be imparted in such institution or to attend any religious worship that may be conducted
in such institution or in any premises attached thereto unless such person or, if such
person is a minor, his guardian has given his consent thereto.
Article 29 and 30 of constitution are unique provisions under Indian constitution which
protects the interest of religious and linguistic minorities in India. This is a protective umbrella
to minorities to preserve and protect their own culture and traditions. 42nd Amendment is a
formal expression of secularism it didn't have anything new but it reflection of inner conscious
of Indian constitution, by the above discussion it is clear that secularism is inbuilt characteristic
of constitution'
Article 44 of Indian Constitution: Uniform civil code for the citizens. –
The State shall end endeavor to secure for the citizens a uniform civil code throughout the
territory of India.
JUDICIAL APPROACH
In Keshwananda Bharti’s case(AIR 1973 SC 1461)
A landmark judgment Supreme Court of India held that secularism is the basic structure of
Indian constitution and no legislation of parliament can take away or destroy the very essential
feature of Indian constitution. Supreme Court while adjudicating that a State Government
cannot follow particular religion discussed at length the concept of Secularism. The Court held
that Secularism is one of the basic features of the Constitution. Secularism is a positive concept
of equal treatment of all religions. This attitude is described by some as one of neutrality
towards religion or as one of benevolent neutrality. While freedom of religion is guaranteed to
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
all persons in India, from the point of view of the State, the religion, faith or belief of a person
is immaterial. To the state, all are equal and are entitled to be treated equally. In matters of
State, religion has no place. And if the Constitution requires the State to be secular in thought
and action, the same requirement attaches to political parties as well. The Constitution does not
recognize, it does not permit, mixing religion and State power. Both must be kept apart
In Minerva Mills case(1980)
the court struck down the validity of Clause (4) of Article 368, which was inserted by virtue of
42nd mendment in 1976 as it purported to destroy judicial review, which is considered as one
of the basic features of the Constitution. Later Supreme Court of India held in a series of
decisions that equality, judicial review, federalism, secular character, supremacy of the
Constitution, democratic form of Government, separation of powers are some of the basic
features of the Constitution
SP Mittal Vs Union of India(1983)
The Court stated that religion is a matter of faith; belief in God is not essential to constitute
religion. The court cited the examples of Jainism and Buddhism as no-God religions, but they
are religions.
In the leading case of S.R Bommai v. Union of India (1994)
Various judges of the Supreme Court of India individually explained the significance and place
of secularism under the Constitution in very meaningful words sampled below:
(i) The Constitution has chosen secularism as its vehicle to establish an egalitarian social
order. Secularism is part of the fundamental law and basic structure of the Indian
political system.
(ii) Notwithstanding the fact that the words 'Socialist' and 'Secular' were added in the
Preamble of the Constitution, the concept of secularism was very much embedded in
our constitutional philosophy from the very beginning. By this amendment what was
implicit was made explicit.
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
(iii) Constitutional provisions prohibit the establishment of a theocratic State and prevent
the State from identifying itself with or otherwise favouring any particular religion
(iv) Secularism is more than a passive attitude of religious tolerance. It is a positive concept
of equal treatment of all religions.
(v) When the State allows citizens to practice and profess their religion, it does not either
explicitly or implicitly allow them to introduce religion into nonreligious and secular
activities of the State. The freedom and tolerance of religion is only to the extent of
permitting pursuit of spiritual life which is different from the secular life. The latter
falls in the exclusive domain of the affairs of the State
M. Ismail Faruqui v. Union of India(1994).
Reiterating that the concept of secularism is part of the basic structure of the Constitution, the
Court held it to be one facet of the right to equality “woven as the central golden thread in the
fabric depicting the pattern of the scheme in our Constitution.”
In Aruna Roy v. Union of India(2002)
The Supreme Court has ruled that the concept of secularism is not endangered if the basic
tenants' of all religions all over the world are studied and learnt, Value-based education with
help the nation to fight against fanaticism; ill will violence are learnt.
In the NCERT textbook case
The Supreme Court decreed that all faiths are equal. The majority view was that the essence
of every religion is common; only the practice differs. The verdict, of course, is against the
spirit of Indian society which is based on the co-existence of many cultures, religions, castes
and languages, having their own separate identity. It is also against the basic principles of the
constitution which guarantee community-specific social rights to minorities religion .
DR M.KALIMULLAH
ASSISTANT PROFESSOR
DEPARTMENT OF LAW
CONCLUSION
Almost all countries of the world will have more than one religious group living in them.
Within these religious groups, there will most likely be one group that is in a majority. If this
majority religious group has access to State power, then it could quite easily use this power and
financial resources to discriminate against and persecute persons of other religions. This
tyranny of the majority could result in the discrimination, coercion and at times even the killing
of religious minorities. The majority could quite easily prevent minorities from practicing their
religions. Any form of domination based on religion is in violation of the rights that a
democratic society guarantees to each and every citizen irrespective of their religion.
Therefore, the tyranny of the majority and the violation of Fundamental Rights that can result
is one reason why it is important to separate the State and religion in democratic societies.
Another reason that it is important to separate religion from the State in democratic societies is
because we also need to protect the freedom of individuals to exit from their religion, embrace
another religion or have the freedom to interpret religious teachings differently.
