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

India As A Secular State

1. Constitutional Guarantee of Secularism:
   a. Equality before Law: All citizens, irrespective of their religion, are treated equally before the law (Article
   14).
   b. Articles 25-28 guarantee freedom of religion, allowing individuals to practice, profess, and propagate
   their faith freely.
   c. Religious and linguistic minorities have the right to preserve their culture and establish educational
   institutions (Article 30).
2. 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 Western
   model of strict separation.
3. Judicial Interventions Upholding Secularism – SC in S.R. Bommai Judgment has held Secularism as a Basic
   Feature of the Constitution
4. Positive Model of Secularism
   a. India’s secularism permits personal laws for different religious communities, enabling autonomy in
   marriage, 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

1. Communal Violence and Polarisation: NCRB Report (2021) recorded more than 5,000 cases of communal
   riots between 2017 and 2021. Eg. The Nuh violence in Haryana in 2023.
2. Use of hate speech and narrative of “us vs them” during election campaigns has contributed to religious
   polarization, with leaders making divisive statements to appeal to specific communities.
3. Mob Lynching and Vigilantism: Incidents of mob lynching, especially targeting minority communities under
   the guise of cow protection or other religious sentiments, have risen. Eg. Recently a man beaten in train
   for carrying beef, sadhu lynching in palghar.
4. 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).
5. 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

1. Constitutional Enshrinement: U.S. Constitution’s First Amendment prohibits Congress from establishing
   a religion, while India’s 42nd Amendment explicitly includes “secular” in Preamble, affirming the state’s
   neutrality towards all religions.
2. Freedom of Religion: U.S. First Amendment guarantees free exercise of religion, paralleling Articles 25-28
   of the Indian Constitution, which protect individuals’ rights to profess, practice, and propagate their faith
   without state interference.
3. Judiciary’s Role: Landmark cases like Engel v. Vitale (1962) in U.S. and S. R Bommai case in India ensured
   judicial 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.