THE CONUNDRUM OF INDIAN SECULARISM: ARE WE EVEN ‘SECULAR’? 2 1

A CONSTITUTIONAL ANALYSIS

Abstract

Have you ever thought- what would have been the status of India if ‘secularism’ had not been inserted into the Preamble to the Constitution of India? Has its introduction brought any real difference to Indian democracy? Since the country's foundation, the concept of secularism in India, as it is codified in the Constitution, has generated intense discussion and debate. The word ‘secular’ was added to the Preamble, long before the Constituent Assembly debates- the rich and cultural Indian history itself advocated ‘secularism.’ The Preamble and the Indian is an epithet of the ideals and principles. The Indian people have granted themselves a nation under the Constitution that is sovereign, socialist, secular, and democratic, with a strong emphasis on justice, liberty, equality, and fraternity. A thorough analysis of the CA debates would indicate that a secular constitution with equal rights for all citizens and freedom for all religions was highly desired. As "secularism" should be, the Indian Constitution did not construct a "wall of separation" between religion and the State. Maintaining equal distance from all religions is what secularism entails. However, practically speaking, India lacks that. A Supreme Court petition has also been filed asking for the word "secular" to be deleted from the Preamble. So, how consistent are we in our journey to secularism? ‘Religious Pluralism’ would be a more suitable term to describe secularism in its actual practice in India. This abstract examines the ongoing conflict between religious freedom, minority rights, and the maintenance of communal harmony as it pertains to Indian secularism. In tackling issues like equitable treatment, identity politics it examines the difficulties of adopting a secular framework in a multiethnic and intensely religious culture. It also emphasizes upon implementation of Uniform Civil Code (UCC) throughout India irrespective of any religion, caste, sex etc.