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 not merely the separation of religion and State.

Constitutional embodiment

The Preamble secures liberty of belief, faith and worship. Although the word secular was expressly added by the 42nd Constitutional Amendment Act, 1976, the original Constitution already embodied secular principles through rights, institutions and equal citizenship.

• 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 denominational affairs, 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 rights 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.

Why secularism is part of the basic structure

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held 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 because it permeates the Preamble, Fundamental Rights, minority protections and the constitutional commitment to equal citizenship.

• A constitutional amendment may modify relevant provisions, but it cannot destroy the Constitution's secular character.
• Secularism preserves freedom of conscience while preventing the State from establishing religious supremacy or denying equality on religious grounds.
• State action undermining secular governance remains subject to constitutional limitations and judicial review.