Secularism and the Basic Structure Doctrine

Secularism means that the State does not identify itself with, or privilege, a particular religion while protecting religious liberty for all. Indian secularism combines freedom of conscience, equality among faiths and limited state intervention for social reform. It is therefore not merely the separation of religion and State.

Constitutional embodiment

The Preamble secures liberty of belief, faith and worship; the word secular was expressly added by the 42nd Constitutional Amendment Act, 1976. However, the Constitution's original rights and institutions already embodied secular principles.

• Articles 14-16 guarantee equality and prohibit specified forms of discrimination, including discrimination on grounds of religion.
• Articles 25-26 protect freedom of conscience, religious profession, practice and propagation, and the affairs of religious denominations, subject to constitutional limitations.
• Articles 27-28 restrict state-supported religious promotion and religious instruction in specified educational institutions.
• Articles 29-30 protect cultural and educational rights, including the right of religious and linguistic minorities to establish and administer educational institutions.

The Indian constitutional model

The Constitution follows principled state neutrality, not an absolute wall between State and religion. Religious freedom under Article 25 is subject to public order, morality, health and other Fundamental Rights; the State may regulate secular activities associated with religion and enact social reform.

• The constitutional focus is equal citizenship rather than hostility towards religion.
• Religious autonomy is balanced with equality, dignity, social welfare and reform.
• The State may engage with religious institutions, but it cannot constitutionally establish religious supremacy.

Secularism as part of the basic structure

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court established that Parliament cannot use Article 368 to damage the Constitution's basic structure. In S.R. Bommai v. Union of India (1994), the Court affirmed that secularism is a basic feature of the Constitution.

• A constitutional amendment may modify relevant provisions, but it cannot destroy the Constitution's secular character.
• State action favouring religious rule or undermining equal citizenship remains subject to constitutional limitations and judicial review.
• Secularism draws strength from the combined operation of the Preamble, Fundamental Rights and minority protections.