Key Terms & Concepts — UPSC Mains
Secularism (Indian)
"India's constitutional model of positive secularism in which the state maintains principled equidistance from all religions — neither promoting nor discriminating against any faith — while being free to regulate religious affairs in the public interest."
India's model of secularism, as embodied in the Constitution, is distinct from the Western (especially French) model of strict separation of church and state (laicite). The word 'Secular' was inserted into the Preamble by the 42nd Constitutional Amendment Act (1976) during the Emergency, but the Constitution's secular character was always implicit in its provisions. The Indian model is sometimes described as 'positive secularism' or 'principled distance' — the state does not promote any religion, does not identify with any religion, but is free to engage with religious institutions in the public interest. Unlike strict separation, India: grants aid to all religious communities for educational institutions (Article 29-30); can regulate and even take over the administration of religious or charitable trusts; has enacted personal laws that differ by religion (Hindu Code Bills, Muslim Personal Law, Christian divorce laws); can ban practices considered immoral or against public health (e.g., Devadasi system, animal sacrifice in public). Constitutional provisions: Article 25 (freedom to profess, practice, and propagate religion — subject to public order, morality, and health); Article 26 (right of religious denominations to manage their own religious affairs — subject to restrictions); Article 27 (no one can be compelled to pay taxes for promotion of any religion); Article 28 (no religious instruction in state-funded institutions). In SR Bommai v. Union of India (1994), the Supreme Court unanimously declared secularism a part of the Basic Structure of the Constitution. In Indian Young Lawyers Association v. State of Kerala (Sabarimala, 2018), the Court held that essential religious practices claims cannot override constitutional equality — an application of constitutional morality over religious claim.
Important for UPSC GS2 Polity, GS1 Social Issues, and Essay. Key debates: Uniform Civil Code (Article 44 DPSP) vs personal law plurality; minority educational institutions (Article 30) vs state regulation; Waqf Board powers; separation of religion and state in education. Prelims: 'Secular' added to Preamble by 42nd Amendment; Articles 25-28; SR Bommai held secularism is Basic Structure.
- 1 'Secular' added to Preamble by 42nd Constitutional Amendment Act, 1976
- 2 Indian model: 'principled distance' — not strict separation; state can engage with religions in public interest
- 3 Articles 25-28: freedom of religion provisions with restrictions (public order, morality, health)
- 4 Article 30: minority educational institutions — right to establish and administer
- 5 SR Bommai (1994): secularism is part of Basic Structure — cannot be amended away
- 6 Sabarimala (2018): constitutional morality prevails over religious claims of exclusion
- 7 Personal laws: state allows religion-based personal laws (marriage, succession) — debate with Article 44 (UCC)
- 8 Triple Talaq judgment (2017): SC declared instant triple talaq unconstitutional under Article 14 and 21
When the government granted aid to all minority religious educational institutions under Article 30, while simultaneously enacting The Muslim Waqf Act and The Hindu Religious and Charitable Endowments Act to regulate the administration of religious properties, it exemplified India's positive secularism — engaging with, regulating, and supporting all religions rather than strictly separating the state from them.