Secularism: A Value in the Indian Constitution and its Protection by the Judiciary

Preamble of Indian Constitution After 42nd Amendment
Preamble of Indian Constitution After 42nd Amendment

Recent judgments by the Supreme Court have further clarified the concept of secularism. The court emphasized that secularism, as enshrined in the Indian Constitution, is not a Western notion but is deeply rooted in India’s social and cultural traditions. It is intertwined with the foundation of Indian society, which binds together various cultures, religions, castes, and languages. The goal of secularism is to build a strong and inclusive society while maintaining unity in diversity. The Indian Constitution does not merely consider secularism as a word but regards it as the soul of Indian democracy. though the word “secularism” was added to the Preamble in the 42nd Amendment, Indian society had already accepted this principle deeply. Secularism does not aim to attack any religion but to establish equality and fraternity among all religions. According to the judiciary, secularism means that the state does not favor any religion and treats all religions equally, providing equal opportunities to all citizens without letting their religious beliefs become a barrier.

Indian society has embraced diversity, and it is a symbol of its unity. Recently, in a judgment related to the Uttar Pradesh Madarsa Education Act, the court further clarified that secularism and religious education can coexist. After the High Court invalidated this law, the Supreme Court made it clear that it is essential to link Madarsa education with the mainstream of the country. Traditional religious education in madrasas should include modern education to ensure holistic progress for students. It is inappropriate to keep students away from the mainstream by providing only religious education. Instead, imparting knowledge of modern education, science, and technology to them can enhance their future prospects and enable them to contribute to the development of society. According to the court, the principle of secularism is not limited to the state level but applies to every element of society. Using this concept for political convenience is a devaluation of Indian secularism. The Constitution asserts that the state is secular, without being influenced by any religion. To unify diverse sections of society, secularism is indispensable. The Indian Constitution sends a message that all should live together by respecting various religions, castes, regions, and cultural traditions.

Secularism is not merely the neutrality of religion; it is the idea of distributing developmental opportunities equally while maintaining respect for all religions. The court emphasized that this includes providing education, employment, and social security without discrimination based on religion. While respecting religious sites, traditions, and customs, it is essential to align them with the principles of equality, fraternity, and tolerance enshrined in the Constitution. The court also firmly stated that political leaders should not interpret secularism narrowly for their convenience. Due to this principle, Indian society has inclusivity, which enhances national unity. Secularism is a pillar of Indian democracy as it connects all Indians based on equality. Thus, altering the meaning of secularism or using it for political gains would be an act against the soul of the Indian Constitution.


The greatness of the Ganga-Jamuni culture within Indian society is also visible through secularism. For centuries, different sections of society have coexisted harmoniously, maintaining their traditions and religions while interacting with one another. Protecting this cultural heritage is not just about religious tolerance but safeguarding the unified fabric of Indian identity. Religious diversity symbolizes the richness of Indian society, which has contributed to the creation of a prosperous and vibrant democracy. From the judiciary’s perspective, secularism is not just an ideology but a symbol of social tolerance, harmony, and coexistence In conclusion, the court has stated that the principle of secularism helps foster unity, social justice, and inclusivity within Indian society. Weakening the concept of secularism could lead to social instability and increased discrimination, which would hinder the country’s development. Therefore, Indian society must adhere to this principle of the Constitution, as it binds us together and creates unity in diversity. Secularism is the spirit of the Indian Constitution, and the judiciary plays a significant role in its protection. The Constitution’s goal is to connect all elements of Indian society on the principle of equality, to respect their religious beliefs, and to teach them the value of coexistence, which can be achieved through the principle of secularism.

Vikas Parashram Meshram is a social activist

Email: [email protected]

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