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Monday, December 16, 2013

Secularism

The Constitution of India stands for a secular state. The State has no official religion. Secularism pervades the provisions which give full opportunity to all persons to profess, practise and propagate religion of their choice. The Constitution not only guarantee a person's freedom of religion and conscience, but also ensures freedom for one who has no religion, and it scrupulously restrains the State from making  any discrimination on grounds of religion. A single citizen citizenship is assured to all persons irrespective of their religion.

  Dr. Radhakrishnan, former President of India, has in his book Recovery of Faith, page 184, explained secularism in this country, as follows:

    "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. It does not mean the secularism itself becomes a positive religion or that the State assumes divine prerogative... We hold that not one religion should be given preferential status... This view of religious impartiality, or comprehension and forbearance, has a prophetic role to play within the National and International life."

Most important components of secularism are as under:

(i) Samanata (equality) is incorporated in Article 14;

(ii) Prohibition against discrimination on the ground of religion, caste, etc., is incorporated in Articles 15 and 16;

(iii) Freedom of speech and expression and all other important freedoms of all the citizens are conferred under Articles 19 and 21;

(iv) Right to practise religion is conferred under Articles 25 to 28;

(v) Fundamental duty of the State to enact uniform civil laws treating all the citizens as equal, is imposed by Article 44;

(vi) Sentiment of majority of the people towards the cow and against its slaughter was incorporated in Article 48.

   The expression "secular" used is vague. It would be a correct summary of the provisions of Articles 25-30 to say that the expression "Republic" as qualified by the expression "secular" means a republic in which there is equal respect for all religions. Secularism (whatever it may mean) is a basic feature of the Constitution of India. S.R. Bommai v. Union of India, (1994) 3 SCC 1, Paragraph 153
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