- The Supreme Court reaffirmed that secularism is an integral part of the Basic Structure of the Constitution while hearing petitions by Subramanian Swamy and others challenging the inclusion of the terms “socialist” and “secular” in the Preamble.
- The words were introduced in the Preamble through the 42nd Constitutional Amendment in 1976 during the Emergency.
- The petitioners argued that the inclusion of “socialist” and “secular” in the Preamble in 1976, with retrospective effect (i.e. from 26 November 1949), was improper.
- The court maintained that secularism has always been central to the Constitution, whereas socialism, in the Indian context, means equality of opportunity and fair distribution of wealth.
- The Keshavananda Bharati case (1973) upheld that the Preamble is amendable, provided the Basic Structure remains unchanged.
- The 42nd Amendment also replaced “unity of the nation” with “unity and integrity of the nation.”
| Articles Reflecting Secularism in the Indian Constitution | Articles and Practices Reflecting Deviations from Secularism |
| Article 14: Right to equality before the law, ensuring non-discrimination based on religion. | Article 25(2)(a): State involvement in regulating religious institutions’ secular activities. |
| Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. | Article 26: While religious denominations have the right to manage their affairs, the state intervenes in temple management, especially Hindu temples. |
| Article 16: Equal opportunity in public employment without discrimination based on religion. | Articles 29 and 30: Special rights for religious and linguistic minorities in educational institutions, often seen as favouring minorities. |
| Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion. | Article 290A: Mandates payments from state funds to certain Hindu temples, reflecting state involvement. |
| Article 27: Prohibits the state from compelling citizens to pay any taxes that promote any religion. | Article 44: Different personal laws for religious communities (Hindu, Muslim, Christian) in family matters like marriage, divorce, and inheritance, instead of a Uniform Civil Code. |
| Article 28: Prohibits religious instruction in state-run educational institutions. | Article 341(3) & Article 342(2): Scheduled Caste benefits are restricted to Hindus, Sikhs, and Buddhists, excluding Dalits who convert to Islam or Christianity. |
Dig Deeper: Read about the difference between the Indian form of Secularism and the Western idea of Secularism.
