NEW DELHI: In 2015, on the occasion of the 125th birth anniversary of Dr BR Ambedkar, the government decided to celebrate November 26 as the Constitution Day to highlight the importance of the event and commemorate its chief architect.
On this day in 1949, the Constituent Assembly had adopted the Constitution of India which came into effect on January 26, 1950. This is when the foundation for the world’s largest democracy was laid. For 75 years, this document has been serving as the guiding light for the running of the country. Among its many remarkable features, the principles of secularism and pluralism stand out as cornerstones of India’s democratic identity.
Secularism in the Indian Constitution
A unique model unlike the western model of complete separation between religion and state, the Indian Constitution adopts a model of “equal respect for all religions”, ensuring that the state neither favours nor discriminates against any religion.
What makes the constitution secular is its key features, namely, freedom of religion (Articles 25-28), equality of all before the law (Articles 14 and 15) and neutrality of the State in matters of religion (Articles 27-28) guarantee the right to freedom of religion, allowing every individual to profess, practice, and propagate their faith. At the same time, these provisions protect individuals from being coerced into following a particular religion. Article 14 guarantees equality before the law and prohibits discrimination based on religion, caste, or gender. Article 15 specifically forbids discrimination on religious grounds.
Neutrality of the state is ensured by Article 27 which prohibits the use of public funds for promoting or maintaining any religion and Article 28 that prohibits religious instruction in government-run educational institutions. Pluralism and diversity are the next distinguishing features of the country mandated by the Constitution which reinforce secularism.
India is home to over 1.45 billion people, speaking 22 official languages listed in the Eighth Schedule and practising a multitude of religions. Ethnologue, an encyclopedic reference work cataloging all of the world’s 7,111 known living languages, reports India as a home to 398 languages besides thousands of dialects. Article 29 protects the rights of minorities to conserve their language, script, and culture. Article 30, much in the news lately, empowers religious and linguistic minorities to establish and administer educational institutions of their choice. This ensures the preservation of cultural identity.
Universal adult suffrage is another important feature that empowers every section of society with right to vote to all adults regardless of caste, religion, gender, or economic status. For protection of the marginalised communities, the Constitution includes provisions for affirmative action, ensuring political, educational, and employment opportunities for Scheduled Castes, Scheduled Tribes, and Other Backward Classes.
The coexistence of secularism and pluralism are two basic features that are central to India’s unity in diversity. By respecting minority rights, the Constitution prevents the dominance of any single group over others, while pluralism fosters inclusivity, ensuring that all communities feel valued and represented in the nation-building process.
I have often said that India is secular because Hindus are secular and the living proof is our constitution. When the country was partitioned in the name of religion, Pakistan became an Islamic republic whereas India chose to be secular unanimously in the Constituent Assembly where an overwhelming majority (82 per cent) of members were Hindus! The reason India is looked upon by the world community with awe and respect is its unique plural and secular identity which has kept the exceptionally huge and diverse country united. It is noteworthy that the word “secular” was added to the Preamble of the Indian Constitution by the 42nd Amendment Act, 1976, during the Emergency under Prime Minister Indira Gandhi’s government. The amendment inserted the words “secular” and “socialist” into the Preamble, making the description of India as: “Sovereign Socialist Secular Democratic Republic.” The necessity of adding the term “secular” has been debated extensively, especially in the last couple of decades. Was it really necessary when secularism oozes from most articles?
One section of the population is fighting for its deletion from the Preamble, especially because it was brought in by their bete noire Indira Gandhi and that too during the much despised emergency. They overlook the fact that it would not alter the secular character of the Constitution one bit. While some think it is redundant, for others it is reinforcement. Either way the debate is superfluous.
Secularism and pluralism are considered parts of the basic structure of the Indian Constitution, as affirmed by various judgments of the Supreme Court. The basic structure doctrine, established in the landmark Kesavananda Bharati v State of Kerala (1973) case, identifies certain fundamental principles of the Constitution that cannot be amended by Parliament, even through its constitutional amending power under Article 368.
In the case of SR Bommai v Union of India (1994), the Supreme Court explicitly recognised secularism as a part of the basic structure. The Court ruled that: Secularism means that the state must maintain neutrality in matters of religion and ensure equal treatment of all religions. Any law or amendment that undermines secularism would be unconstitutional.
Like secularism, pluralism is also a part of the basic structure. Pluralism refers to the coexistence of diverse cultural, linguistic, religious, and social groups in harmony. It is intrinsic to India’s identity as a multicultural society.
Judicial Recognition of Pluralism has come through various landmark judgments. In Indra Sawhney v Union of India (1992), the Supreme Court emphasised the importance of inclusivity and social justice as foundational principles of the Constitution. The Kesavananda Bharati case also underscored that democracy, equality, and dignity of individuals all of which are rooted in pluralism are part of the basic structure. Pluralism ensures the representation of all groups in governance and upholds the principle of unity in diversity, a cornerstone of Indian democracy.
The Indian Constitution thus is a unique model where flexibility and rigidity are intertwined. While 105 amendments have been made since 1951 to keep pace with the changing times, the basic character has remained protected. This is what has kept the largest nation in the world united.