Secularism – Implicit from day one, explicit in 1976

Why in the News?

A recent article by constitutional law expert Faizan Mustafa, published in The Hindu, revisits the constitutional foundation and philosophical origins of Indian secularism, amid increasing debates on the relevance and authenticity of the word “secular” added during the Emergency in 1976. The piece argues that secularism was always implicit in India’s constitutional ethos, and that the current critique is either misplaced or politically motivated.

Background

• Indian secularism does not follow the Western model of strict separation of religion and state (as in France or the USA).
• Instead, it reflects a principled distance model, rooted in Emperor Ashoka’s Dhamma, the freedom movement, and Nehruvian philosophy.
• The 42nd Constitutional Amendment (1976) inserted the word “secular” into the Preamble, but the Supreme Court had already recognised it as part of the basic structure in the Kesavananda Bharati case (1973).

References from:

• Motilal Nehru Committee Report (1928)
• Karachi Resolution of Congress (1931)
• Hindu Mahasabha Draft Constitution (1944)
• Constituent Assembly Debates (1949), all reaffirm the secular idea.

Features of Indian Secularism (As Per Article)

Autonomy of Religions:

• Secularism protects all religions from state interference.
• Contrary to claims by some Hindutva supporters, secularism ensures the autonomy of Hinduism as much as any other religion.

Ashokan Legacy:

• Ashoka’s Rock Edicts (7 and 12) promoted tolerance, co-existence, and non-glorification of one’s religion.
• His Dhamma was a set of moral governance principles, not religious dogma.

Constitutional Continuity:

1. Even without the word “secular” in 1950, the Indian Constitution:
2. Guaranteed freedom of religion (Articles 25–28)
3. Prohibited religious discrimination (Article 15)
4. Upheld religious neutrality of the state (Article 14)

Secularism as Modernity:

• Emerged as a product of reason triumphing over religious dogma in the 18th century.
• Provides a framework for pluralistic coexistence in a deeply diverse society like India.

Comparative Models:

• The UK, Ireland, Greece, Pakistan, and Sri Lanka offer different models of religion-state relationships, from state religions to religious neutrality with guarantees of minority rights.

Challenges Highlighted

Misunderstanding of Secularism:

• Rising perception among Hindutva groups that secularism favours minorities or is anti-Hindu.
• Demands for a Hindu Rashtra disregard India’s constitutional and civilizational commitment to pluralism.

State Overriding Religious Authority:

• Examples like the 2024 consecration of the Ram temple, where Shankaracharyas’ views were ignored by the state, show the state’s supremacy over religious authorities, contradicting theocratic ideals.

Hate Speech and Intolerance:

• Violates the spirit of Ashoka’s edicts and the freedom struggle’s ideals.
• The politicisation of religion erodes the principle of equal respect.

Silences in the Constitution:

• Critics point to the absence of the word “secular” pre-1976, ignoring that many core ideas (like federalism, the rule of law) are also unwritten but accepted as basic structure.
  False Narratives:
  The idea that secularism was “artificially inserted” in 1976 ignores decades of constitutional and freedom movement advocacy for religious neutrality.
  

Way Forward

Reaffirm Constitutional Morality:

• Uphold secularism not just as a legal principle but as a governance ethic rooted in India’s civilizational ethos.

Educate on Historical Legacy:

1. Disseminate accurate knowledge on the role of secularism in India’s freedom struggle, Ashoka’s Dhamma, and the framing of the Constitution.

Consider Jurisdiction Model :

• If discomfort persists with the current model, explore hybrid models like:
  The UK’s Anglican Church with legal equality for all
  Greece’s dominant religion, but with equality clauses
  Sri Lanka’s foremost status for Buddhists with religious freedom

Promote Interfaith Respect:

• Develop a culture of mutual respect and co-existence through civic education, interfaith dialogue, and hate speech control.

Avoid Theocratic Temptations:

• India must resist becoming a religious state like Pakistan or Iran.
  Instead, continue as a modern, pluralistic, secular democracy respecting all faiths equally.
  

MAINS PRACTICE QUESTION

Question: Was secularism a core constitutional value from the very beginning, or merely a later insertion during the Emergency? Critically examine historical and constitutional developments.

PRELIMS PRACTICE QUESTION